GOVERNMENT
------- SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
Number: 115/2015 / ND-CP Noi, November 11, 2015 DECREE OF SOME PROVISIONS ARTICLE DETAILS OF THE SOCIAL INSURANCE LAW ON SOCIAL INSURANCE REQUIRED Pursuant to the Government Organization Act December 25, 2001; Pursuant to the Social Insurance Law Assembly November 20, 2014; Pursuant to Resolution No. 93/2015 / QH13 June 22, 2015 of the National Assembly on the implementation of policies and social insurance benefits once for the workers of the proposal The Minister of Labour - Invalids and Social Affairs, the Government issued a decree detailing a number of articles of the Law on Social Insurance on compulsory social insurance. TABLE OF CONTENTS CHAPTER I. GENERAL PROVISIONS 2 Article 1. Scope 2 2. Subject to Article 2 of Chapter II. SOME SOCIAL INSURANCE REGIME OF COMPULSORY 4 Article 3. Maternity policy for female workers surrogacy 5 Article 4 of the maternity regime through surrogate mothers 6 Article 5. Procedure entitlement maternity for women employees surrogacy and surrogacy mothers through 7 Article 6 Conditions on pension 9 Article 7 The level of pension every October Article 8. Social Insurance once 11 Article 9. Rates the average monthly wage of social insurance contributions for calculating pensions, subsidies once 12 Article 10 Amendment salaries social insurance contribution 13 Article 11. The pension benefits for people who previously have paid Voluntary social insurance 15 Article 12. Death allowance for relatives of the dead workers that previously have paid voluntary social insurance 16 Article 13. Death allowance for earners pension, labor incapacity allowances, allowances for labor accidents and occupational diseases monthly, monthly survivorship allowance 18 Article 14 Settlement of monthly survivorship allowance for other relatives are members and survivors' benefits once 19 Chapter III. SOCIAL INSURANCE FUND 19 Article 15 Levels and modes of payment of entitlement wife or husband in Vietnam representative offices abroad 19 Article 16. Suspension of social insurance contributions compulsory 20 Article 17. The monthly wage of social insurance contributions compulsory 22 Article 18 retrospectively collected plays salary paid compulsory social insurance 22 Article 19. Investment activities from social insurance funds 23 Chapter IV. 23 TRANSITIONAL PROVISIONS Article 20. Transitional provisions for pensioners, labor incapacity allowances, allowances for labor accidents and occupational diseases and monthly allowances before 01 May 2016 01 23 Article 21. Allowance area for those who enjoy social insurance 23 Article 22.- Regimes for people receiving sickness benefit due to a disease requiring long-term treatment before 01 May 2016 01 25 Article 23. As of the time worked before 01 May 01, 1995 in order to enjoy social security 25 Article 24.- Regimes for people receiving monthly allowances previously have paid social insurance are not entitled to social insurance 28 Article 25.- Regimes for laborers had decided to leave pending retirement scheme, a monthly allowance of 28 Article 26 Regulation salary conversion of foreign currency into Vietnam dong for insurance premiums Social 29 Article 27 Regulation of the State budget transfer from one budget to the social insurance fund 29 Article 28. Rules for qualified workers and enjoy social insurance benefits before 01 01 May 2016 30 Chapter V. Implementing Provisions 30 Article 29 Enforcement 30 Article 30. Responsibility for organizing the execution of 31 CHAPTER I. GENERAL PROVISIONS Article 1. Scope of the provisions of this Decree Details of some articles of the Law on Social Insurance on compulsory social insurance for public employees and servants and laborers Vietnam working under labor contracts. Article 2. Subject to 1 . Workers who are nationals Vietnam social insurance mandatory under the provisions of this Decree, include: a) Persons working under a labor contract with indefinite term labor contract indefinite term contract or seasonal workers in a specific job with a term of 03 months to less than 12 full months, including labor contracts are signed between the employer with legal representatives of people under 15 as stipulated by labor legislation; b) Persons working under labor contracts with a term of 01 months to less than 03 full months; c) Officials and public servants stipulated law on cadres and civil servants and employees; d) Workers of defense and police workers, other workers in the organization cipher; e) The corporate management, executive manager of Cooperatives may receive wages; e) The activity in communes, wards and towns; g) Recipients of the husband or wife in Vietnam representative offices abroad as stipulated in Paragraph 4, Article 123 of the Social Insurance Law. 2. People going to work abroad under contracts stipulated in the Law on Vietnam Employees working abroad under contracts of social insurance mandatory under the provisions of this Decree shall be applicable to the case copper follows: a) contracts laborers working overseas operations now offers workers who go to work abroad, non-profit organizations are allowed to send laborers to work overseas apart; b) contracts laborers working abroad with the winning business, contractor or organizations and individuals investing abroad may send laborers to work overseas; c) Co contract laborers brought to work abroad in the form of skill improvement internship now put laborers to work in the form of skill improvement internship; d) the individual contract. The object specified in paragraph 1 and paragraph 2 of this Article hereinafter referred to as workers. 3. Laborers specified in this Decree to fully implement the regime of compulsory social insurance. Particularly employees specified at Points f and g, Clause 1 and Points a, c and d, Clause 2 of this article made only mode and survivorship pension. 4. Laborers specified at Points a and b of paragraph 1 of this Article as family helpers and laborers defined in Paragraph 1 of this Article that are on pension, social insurance benefits and pension monthly basis the following month, the participants are not subject to compulsory social insurance: a) Persons who are entitled to a monthly pension; b) Persons who are entitled to a monthly allowance as stipulated in Decree No. 09/1998 / ND-CP 23 May 01, 1998 amending and supplementing Decree No. 50 / CP of July 26, 1995 of the Government on subsistence regime to officials of communes, wards and towns; c) Persons disablement allowance monthly labor; d) Persons who are entitled to a monthly allowance as stipulated in Decision No 91/2000 / QD-TTg dated August 4, 2000 by the Prime Minister on the benefits for the the working age person at the time of stop-loss allowances monthly labor force (hereinafter referred to as Decision No. 91/2000 / QD-TTg); Decision No. 613 / QD-TTg dated May 6, 2010 by the Prime Minister on the monthly benefits to people with full 15 years and under 20 years of practice has expired disablement allowance employees (hereinafter referred to as Decision No. 613 / QD-TTg); e) The military and public security, workers are entitled cipher monthly allowances stipulated in 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 was demobilized, demobilized on site methods; Decision 38/2010 / QD-TTg of May 6, 2010 by the Prime Minister on the amendment and supplement to 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 was demobilized, demobilized in the locality; Decision No 53/2010 / QD-TTg of August 20, 2010 by the Prime Minister regulations on regimes for cadres and soldiers of the People's Police to join the resistance against the US have less than 20 years of experience in People's Police had stopped working, the local demobilization; Decision No 62/2011 / QD-TTg of November 9, 2011 by the Prime Minister on the regime, policies towards war participants national defense, international missions in Cambodia, pu- chi-a, help Laos after April 30, 1975 was demobilized, demobilization, severance. 5. The employer specified in paragraph 3 of Article 2 of the Social Insurance Law. 6. Agencies and organizations
đang được dịch, vui lòng đợi..
