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Decree No. 190/2007/ND-CP guiding a number of articles of the law on social insurance regarding voluntary social insurance
27/04/2011
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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 190/2007/ND-CP

Hanoi, December 28, 2007

 

DECREE

GUIDING A NUMBER OF ARTICLES OF THE LAW ON SOCIAL INSURANCE REGARDING VOLUNTARY SOCIAL INSURANCE

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Social Insurance;

At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. This Decree provides guidance on a number of articles of the Law on Social Insurance regarding applicable subjects; rights and responsibilities of parties engaged in voluntary social insurance; voluntary social insurance benefits; the voluntary social insurance fund; procedures for implementing voluntary social insurance; complaints and denunciations related to voluntary social insurance and state management of voluntary social insurance.

Article 2. Participants in voluntary social insurance prescribed in this Decree are Vietnamese citizens of working age and not governed by the law on compulsory social insurance, including:

1. Laborers working under labor contracts of a term of under 3 months.

2. Commune-level part-time cadres.

3. Persons engaged in production, business and service activities, including non-salaried members of cooperatives and unions of cooperatives.

4. Self-employed laborers.

5. Laborers working overseas for a given period who have not yet participated in compulsory social insurance or have received lump-sum social insurance benefit.

6. Other participants.

Persons defined in this Article are below generally referred to as participants in voluntary social insurance.

Article 3. Voluntary social insurance benefits

Voluntary social insurance benefits prescribed in this Decree include:

1. Retirement pension.

2. Survivorship allowance.

Article 4. Principles for voluntary social insurance under Article 5 of the Law on Social Insurance

1. Voluntary social insurance is based on participants voluntariness. Participants in voluntary social insurance may select levels of premium to pay and modes of payment suitable to their income.

2. The level of voluntary social insurance premium is calculated on the basis of the monthly income on which social insurance premiums are based but must be neither lower than the common minimum salary nor higher than 20 times the common minimum salary.

3. The level of voluntary social insurance benefit is calculated on the basis of the level and period of paying social insurance premiums and shared among participants in voluntary social insurance.

4. A person who has both a period of paying compulsory social insurance premiums and a period of paying voluntary social insurance premiums is entitled to retirement and survivorship benefits based on the total of the periods of payment of compulsory and voluntary social insurance premiums.

5. The voluntary social insurance fund is managed in a unified, democratic, public and transparent manner; and is used for proper purposes and independently cost-accounted.

6. Implementation of voluntary social insurance must be simple, convenient, timely and thorough.

Article 5. Responsibilities of state management of voluntary social insurance under Clause 2, Article 8 of the Law on Social Insurance

1. The Ministry of Labor, War Invalids and Social Affairs is responsible to the Government for performing the state management of voluntary social insurance as follows:

a/ Assuming the prime responsibility for, and coordinating with ministries, agencies and organizations in studying, drafting, and submitting to competent state agencies for promulgation, or promulgating according to its competence legal documents on voluntary social insurance;

b/ Assuming the prime responsibility for, and coordinating with ministries, branches and Peoples Committees of provinces and centrally run cities in, conducting statistics and information work; propagating and disseminating information on voluntary social insurance benefits, policies and law;

c/ Supervising the implementation of legal provisions on voluntary social insurance;

d/ Performing the function of specialized inspection of voluntary social insurance;

e/ Promoting international cooperation in the domain of voluntary social insurance in accordance with law;

f/ Organizing training in voluntary social insurance.

2. Ministries, ministerial-level agencies and government-attached agencies shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in making laws and policies related to voluntary social insurance.

3. Peoples Committees of provinces and centrally run cities (below referred to as provincial-level Peoples Committees) shall perform the state management of voluntary social insurance in their respective localities. Provincial-level Labor, War Invalids and Social Affairs shall assist provincial-level Peoples Committees in performing the function of state management of voluntary social insurance as follows:

a/ Supervising and initiating the implementation of the law on voluntary social insurance;

b/ Assuming the prime responsibility for, or coordinating with concerned agencies in, supervising and inspecting the implementation of voluntary social insurance benefits and policies;

c/ Proposing to provincial-level Peoples Committees for settlement matters related to voluntary social insurance falling within the latters competence;

d/ Annually, sending reports to the Ministry of Labor, War Invalids and Social Affairs on the implementation of the law on voluntary social insurance.

Article 6. Prohibited acts under Article 14 of the Law on Social Insurance

1. Making false declaration and forging dossiers in the implementation of voluntary social insurance, including:

a/ Making false declaration or modifications or erasures to distort contents related to payment of voluntary social insurance premiums or enjoyment of voluntary social insurance benefits;

b/ Forging and inserting documents in dossiers for enjoyment of voluntary social insurance benefits.

2. Using the voluntary social insurance fund for wrong purposes or in violation of policies and regulations.

3. Troubling, obstructing or harming rights and lawful interests of participants in voluntary social insurance, including:

a/ Causing difficulties to, obstructing, and delaying the payment of voluntary social insurance premiums or enjoyment of voluntary social insurance benefits by participants in voluntary social insurance;

b/ Failing to issue social insurance books to participants in voluntary social insurance according to regulations.

4. Reporting untruthful information and supplying distorted information and data on voluntary social insurance.

Article 7. Rights and responsibilities of participants in voluntary social insurance under Articles 15 and 16 of the Law on Social Insurance

1. Participants in voluntary social insurance have the following rights:

a/ To be issued the social insurance book;

b/ To receive full retirement pensions or voluntary social insurance allowances in a timely and convenient manner under the provisions of this Decree;

c/ To enjoy health insurance while enjoying retirement pensions;

d/ To request social insurance organizations to provide information on payment of social insurance premiums, the right to enjoy social insurance benefits, and procedures for implementing social insurance;

e/ To file complaints and denunciations with competent state agencies or individuals when their lawful interests are infringed upon or when organizations or individuals implementing voluntary social insurance commit acts in violation of the law on voluntary social insurance;

f/ To authorize other persons to receive their retirement pensions and voluntary social insurance allowances.

2. Participants in voluntary social insurance have the following responsibilities:

a/ To pay voluntary social insurance premiums by the mode and at the level prescribed in Article 26 of this Decree;

b/ To comply with regulations on compilation of voluntary social insurance dossiers;

c/ To preserve the social insurance book according to regulations.

Article 8. Rights and responsibilities of social insurance organizations under Article 19 and Article 20 of the Law on Social Insurance

1. Social insurance organizations have the following rights:

a/ To organize personnel, financial and asset management in accordance with law;

b/ To decline requests for payment of voluntary social insurance benefits which are made not in accordance with law;

c/ To check the payment of voluntary social insurance premiums and benefits;

d/ To propose competent state agencies to formulate, amend and supplement regimes, policies and law concerning voluntary social insurance and management of the voluntary social insurance fund;

e/ To propose competent state agencies to handle violations of the law on voluntary social insurance;

f/ Other rights as prescribed by law.

2. Social insurance organizations have the following responsibilities:

a/ To propagate and disseminate information on regimes, policies and law concerning voluntary social insurance; provide guidance on professional matters and procedures for implementing voluntary social insurance;

b/ To organize the collection of social insurance premiums from participants in voluntary social insurance;

c/ To issue social insurance books to participants in voluntary social insurance;

d/ To receive dossiers of voluntary social insurance and settle social insurance benefits; to pay retirement pensions and voluntary social insurance benefits, and pay health insurance premiums for pensioners in full, conveniently and on time;

e/ To manage and preserve dossiers of participants in voluntary social insurance;

f/ To manage and use the voluntary social insurance fund according to legal provisions on finance, accounting and statistics;

g/ To take measures for preserving and developing the voluntary social insurance fund;

h/ Biannually, to report to the management council on the implementation of voluntary social insurance. Annually, to report to the Government, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance on the management and use of the voluntary social insurance fund;

i/ To provide sufficient and timely information on the payment of voluntary social insurance premiums, the right to enjoy voluntary social insurance benefits, and procedures for implementing voluntary social insurance at the request of participants in voluntary social insurance;

j/ To organize statistics and accounting work for voluntary social insurance; to supply relevant documents and information at the request of competent state agencies;

k/ To promptly settle complaints and denunciations related to the implementation of voluntary social insurance;

l/ To promote international cooperation in voluntary social insurance.

Chapter II

VOLUNTARY SOCIAL INSURANCE BENEFITS

Section 1. RETIREMENT PENSION

Article 9. Conditions for participants in voluntary social insurance to enjoy retirement pension

1. Being full 60 years or older, for men, or being full 55 years or older, for women, and having paid social insurance premiums for 20 years or more.

A participant in voluntary social insurance who has paid compulsory social insurance for a total period of full 20 years or more, including full 15 years of performing a heavy, hazardous or dangerous occupation or job or full 15 years of working in a place where he/she was entitled to a region-based allowance coefficient of 0.7 or higher, is entitled to retirement pension under Clause 2, Article 26 of Decree No. 152/2006/ND-CP of December 22, 2006, or under Clause 2, Article 29 of Decree No. 68/2007/ND-CP of April 19, 2007.

A participant in voluntary social insurance who has paid compulsory social insurance premiums for a total period of full 20 years or more and suffers a working ability loss of 61% or more is entitled to retirement pension at a lower level when he/she falls into one of cases specified in Article 27 of Decree No. 152/2006/ND-CP of December 22, 2006, or in Article 30 of Decree No. 68/2007/ND-CP of April 19, 2007.

2. For those who are full 60 years old, for men, or full 55 years old, for women, and have paid social insurance premiums for a period which is not more than 5 years less than the period specified in Clause 1 of this Article, including those having paid compulsory social insurance for full 15 years or more and not yet received lump-sum social insurance benefit, they may, if wishing to participate in voluntary social insurance, continue to pay premiums under Article 26 of this Decree till reaching full 20 years.

Article 10. Level of monthly retirement pension under Clause 1, Article 71 of the Law on Social Insurance

1. The level of monthly retirement pension of a person eligible for retirement pension specified in Clauses 1, 2 and 3, Article 9 of this Decree is equal to 45% of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree or the average monthly salary, remuneration or income on which social insurance premiums are based as stipulated in Article 17 of this Decree, corresponding to 15 years of payment of social insurance premiums; for each additional year of payment of social insurance premium, this percentage will be increased 2%, for men, or 3%, for women; and the maximum rate is 75%.

2. The level of monthly retirement pension of a person eligible for retirement pension specified in Clause 4, Article 9 of this Decree is calculated according to Clause 1 of this Article. For each year of early retirement compared to the provisions of Clause 1 and Clause 3. Article 9 of this Decree, it will be reduced 1%.

3. If the level of monthly retirement pension calculated for a person having paid compulsory social insurance premiums for full 20 years or more is lower than the common minimum salary applicable at the time of enjoying the pension, this level will be increased to be equal to the common minimum wage.

4. When calculating the level of monthly pension under Clause 1 or Clause 2 of this Article and the lump-sum retirement allowance stipulated in Article 11 of this Decree, if the period of paying social insurance premiums has an odd number of under 3 months, these months will not be counted, has an odd number of between 3 and 6 months, these months will be counted as half a year; or has an odd number of between more than 6 months and 12 full months, these months will be counted as one year.

Article 11. Lump-sum retirement allowance under Article 72 of the Law on Social Insurance

1. Upon retirement, persons eligible for retirement pension under Article 9 of this Decree who have paid social insurance premiums for more than 30 years, for men, or more than 25 years, for women are entitled to a lump-sum retirement allowance in addition to retirement pension.

2. The level of lump-sum allowance is calculated according to the number of years of paying social insurance premiums from the 31st year, for men, or from the 26th year, for women; for each year of paying social insurance premiums, the insured is entitled to half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree or the average monthly wage, remuneration or income on which social insurance premiums are based as stipulated in Article 17 of this Decree.

Article 12. Retirement pensions shall be adjusted on the basis of the increase level of the cost-of-living index and economic growth. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, studying and submitting the level of adjustment in each period to the Government for stipulation.

Article 13. Lump-sum social insurance benefit for persons ineligible for monthly retirement pension under Article 73 of the Law on Social Insurance

Participants in voluntary social insurance are entitled to lump-sum social insurance benefit when they fall into one of the following cases:

1. Being full 60 years or older, for men, or full 55 years or older, for women, and having paid social insurance premiums for less than 15 years.

2. Being full 60 years or older, for men, or full 55 years or older, for women, and having paid social insurance premiums for between 15 full years and less than 20 years and discontinued paying social insurance premiums.

3. Having paid social insurance premiums for less than 20 years, discontinued paying social insurance premiums and requested to receive lump-sum social insurance benefit.

4. Settling abroad.

Article 14. Level of lump-sum social insurance benefit under Article 74 of the Law on Social Insurance

1. The level of lump-sum social insurance benefit is calculated on the basis of the number of years of payment of social insurance premiums; for each year (full 12 months), the insured is entitled to one month and a half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree or the average monthly salary, remuneration and income as stipulated in Article 17 of this Decree.

2. When calculating the level of lump-sum social insurance benefit as stipulated in Clause 1 of this Article, if the period of paying social insurance premiums has an odd number of months, these months will be counted according to Clause 4, Article 10 of this Decree.

3. If a participant in voluntary social insurance has paid social insurance premiums for less than one year, he/she is entitled to social insurance benefit equal to the paid amount of premium; the maximum level is equal to one month and a half of the average monthly income on which social insurance premiums are based as stipulated in Article 16 of this Decree.

4. For those who have both a period of paying compulsory social insurance premiums and a period of participating in voluntary social insurance, the conditions for enjoying lump-sum social insurance benefit are as stipulated at Point c, Clause 1, Article 30 of the Governments Decree No. 152/2006/ND-CP of December 22, 2006.

Article 15. Reservation of periods of paying social insurance premiums under Article 75 of the Law on Social Insurance

Participants in voluntary social insurance who discontinue paying social insurance premiums while still ineligible for retirement pension as stipulated in Article 9 or having not yet received lump-sum social insurance benefit under Articles 13 and 14 of this Decree, are entitled to reserve their period of paying social insurance premiums.

Article 16. Average monthly income on which voluntary social insurance premiums are based under Article 76 of the Law on Social Insurance

The average monthly income on which voluntary social insurance premiums are based is calculated according to the following formula:

Average monthly income on which voluntary social insurance premiums are based

=

Total of monthly incomes on which voluntary social insurance premiums are based

Total number of months in which voluntary social insurance premiums are paid

Article 17. Average monthly salary, remuneration or income on which social insurance premiums are based under Article 79 of the Law on Social Insurance

The average monthly salary, remuneration or income on which social insurance premiums are based is calculated according to the following formula:

Average monthly salary, remuneration or income on which social insurance premiums are based = (Average monthly salary or remuneration on which compulsory social insurance premiums are based x Total number of months of paying compulsory social insurance premiums) + Total of monthly incomes on which voluntary social insurance premiums are based / (Total number of months in which compulsory social insurance premiums are paid + Total number of months in which voluntary social insurance premiums are paid)

In which:

The average monthly salary or remuneration on which compulsory social insurance premiums are based is calculated under Article 31 of the Governments Decree No. 152/2006/ND-CP of December 22, 2006, guiding a number of articles of the Law on Social Insurance regarding compulsory social insurance or Article 34 of Decree No. 68/2007/ND-CP of April 19, 2007, detailing and guiding the implementation of a number of articles of the Law on Social Insurance toward armymen, policemen and cipher employees who are salaried like armymen and policemen.

Article 18. Monthly incomes on which voluntary social insurance premiums are based used as a basis for calculating the average monthly inco

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