Article 22.- Regimes for people receiving sickness benefit due to a disease requiring long-term treatment before 01 May 01 2016
Workers sick leave due to illness on the list of long-term treatment required by the Ministry of Health issued are entitled to sickness before 01 May 01, 2016 and from 01 January 01 2016 are still entitled to sickness benefit shall continue to perform the sickness regime under the provisions before 01 months 01 years 2016.
Article 23. As the working time before 01 June 1995 to 01 social insurance benefits
1. Workers have the time to work in the public sector before 01 March 01 1995 which are counted as working time continuous but unresolved severance allowance or lump sum allowance, social insurance once the period of time that is calculated as social insurance contribution. Specifically:
a) Employees working in the public sector continuously work 01 to 01 May 1995 that unresolved severance allowance or lump sum allowance, social insurance once the time working before 01 March 01 1995 will be counted as time social insurance contribution;
b) Workers have interrupted working time or who have retired before 01 May 01 1995, the determination period worked for calculating social insurance benefits shall comply with the provisions previously written about the working period before 01 May 1995 to 01 social insurance benefits, except as stipulated in Article 3 of the Decree No. 66 / CP of September 30, 1993 of the Government providing temporary social insurance system for the armed forces; Article 3 of Decree 43 / CP of June 22, 1993 of the Government providing temporary social insurance regime; Article 54 of the Statute on Social Insurance issued with Decree 12 / CP dated 26 May 01 1995 by the Government; Article 49 of the Statute on Social Insurance for officers, professional soldiers, non-commissioned officers and soldiers of the People's Army and the People's Police, issued together with Decree No. 45 / CP of July 15, 1995 of Government and Paragraph 4 of Article 139 of the Social Insurance Law of 2006.
c) The beneficiaries sick soldiers, then have time to participate in work and social insurance contributions, apart from sick soldiers regime also enjoy social insurance regime. Time for calculation of social insurance is paid time social insurance, working time calculated entitlement to sick soldiers are not entitled to social insurance.
2. The military and public security personnel demobilization, demobilization, severance before December 15, 1993, then moved to have participated in compulsory social insurance in the agencies, units and enterprises of economic sectors (including health workers in communes, wards and towns, preschool teachers or who hold titles in communes, wards and towns before 01 March 01 1995 was calculated as the time Spent social insurance contributions) and individuals who hire or employers without pension entitlement under the following provisions shall be added connecting the working time in the army, police earlier with time Working with social insurance contributions later for calculating social insurance benefits:
a) Decision No. 47/2002 / QD-TTg dated April 11, 2002 by the Prime Minister on the regime for military and public Defence personnel participated in the resistance against the French were demobilized (demobilization, severance) from December 31, 1960 onwards;
b) Point a Paragraph 1 of Article 1 of Decision No. 290/2005 / QD-TTg November 8, 2005 by the Prime Minister on regimes and policies for some subjects directly involved in the resistance against American but not yet entitled to the policies of the Party and the State;
c) Decision No 92/2005 / QD-TTg dated April 29, 2005 by the Prime Minister on the implementation of the military regime against ethnic minorities under the Military Zone 7, Military Zone 9, join the resistance against America, on the local front 01 on 10 May 1982;
d) Decision No. 142/2008 / QD-TTg of October 27, 2008 by the Prime Minister on the implementation of the military regime to join the resistance against American has less than 20 years in the army was demobilized, the local demobilization;
e) Decision No. 38/2010 / QD-TTg dated May 6, 2010 by the Prime Minister on the amendment, Additional Decision No 142/2008 / QD-TTg of October 27, 2008 by the Prime Minister on the implementation of the military regime to join the resistance against American with less than 20 years in the army had demobilized, demobilized on local;
e) Decision No. 53/2010 / QD-TTg of August 20, 2010 by the Prime Minister on the regime for officials and men of the security personnel who participated in the resistance American war less than 20 years working in public security has stopped working, the local demobilization;
g) Decision No. 62/2011 / QD-TTg of November 9, 2011 by the Prime Minister on regime policies for war participants national defense, international missions in Cambodia chi-a, help Laos after April 30, 1975 was demobilized, demobilization, severance.
Where military and public security personnel who demobilized, demobilization, severance from December 15 1993 to December 31, 1994 that pending severance allowance or allowance once, demobilization allowances, demobilization, social insurance once they join the military time, the people's police are entitled to social security.
3. Laborers working in the area of the state, waiting to leave from 1 November 1987 to 01 before 01 May 1995 by enterprises, agencies or organizations not classified, arranged a job, not a solution decided allowances or social insurance allowance once, until December 31, 1994 are still included in the list of unit employees shall be counted working time before retirement to wait for calculating the effects social insurance.
4. The employee on the payroll of state agencies, political organizations, political organizations - social, now state, armed forces units are agencies and units assigned to work or study , time-limited work has been lawfully made abroad, was home but not in time or return home on time, but the old unit can not be arranged, arranged employment and social labor object was sent labor cooperation go after the country continued participation in social insurance contributions compulsory, be considered, resolved as follows:
a) Time worked in the country before going to work, study or work in Foreign and time abroad in the period allowed before 01 March 01 1995 if unresolved severance allowance or lump-sum allowances, allowances for members, demobilization or social insurance once the period is calculated pension entitlement, death.
The calculation of working time before 01 June 1995 to 01 social insurance benefits follow provisions of Paragraph 1, 2 and 3 of this Article ;
b) The working time from 01 January 01 1995 onwards, if the social insurance contribution under the provisions of social insurance legislation that has not received social security benefits or benefits once demobilized , demobilized they are entitled to social insurance.
5. Subjects are social workers were dispatched labor cooperation after the country continued participation in social insurance contributions compulsory, the working time calculation of social insurance is carried out in accordance with paragraph 4 of article this.
Where vocational students turn to labor cooperation under the Agreement the Government, apprenticeship does not count as working time social insurance benefits.
6. Do not apply the provisions in paragraphs 4 and 5 of this Article for violations of foreign law being deported or being forced to return home discipline or imprisoned before 01 May 01, 1995 .
7. For cases where no original documents showing the work of 01 before 01 May 1995, the management agency employees explaining the reasons for lost, confirmed the process of work, wage developments, not received the severance allowance, allowance once report to the Ministry, the central department or the People's Committees of provinces and cities under central authority for certification and have written to the Ministry of Labour - Invalids and Social Affairs for consideration and decision.
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