Công văn 1856/BHXH-CSXH

Pursuant to Official Dispatch No. 3617 / LĐTBXH-BHXH dated September 30, 2014, No.3926 / LĐTBXH-BHXH dated October 21, 2014, No. 98 / LĐTBXH-BHXH dated January 09, 2015 of the Ministry of Labor, War Invalids and Social Affairs on implementation of social insurance policy for employees, Vietnam Social Insurance provides guidance on a number of contents for Social Insurance in central-affiliated cities and provinces ( hereinafter referred to as provincial Social Insurance), Social insurance of the Ministry of National Defense, Social insurance of  People’s Public Security forces for uniform implementation as follows:

1. Regarding additional seniority allowance in calculating pensions for retirees before January 01, 1995

For a pensioner who retired before January 1, 1995 but his seniority allowance has not been added to his pension which is a basis for pension calculation, if such pensioner satisfies conditions for seniority allowance (a seniority allowance is stated in his pension record or original dossier) and wishes to receive his seniority allowance, the provincial social insurance shall make an adjustment of his pension under the provisions of Point b, Clause 1, Section B or Clause 1, Section C, Part of pension of Circular No. 48 / TBXH dated September 30, 1985 of the Ministry of Labor, War Invalids and Social Affairs providing guidance on the implementation of the Council of Ministers' Decree No. 236-HDBT dated September 18, 1985 on supplementation and amendment of a number of policies on war invalids and social affairs; the new pension shall take effects from the date it is recorded in the decision on receipt of pension, seniority allowance under the provisions of the policy of each period (not including interest), the provincial social insurance sends a written notification and provide a clear explanation of the reason for employees before issuing the decision.

If the worker does not satisfy the conditions for seniority allowance (seniority allowance is not stated in pension record and he fails to present other original record in which seniority allowance is stated), the provincial social insurance shall send a written notification to him.

2. Regarding calculation of working time in the army and time of holding titles under the Government’s Decree No. 09/1998 / ND-CP dated January 23, 1998

If a worker used to work in the army but then was assigned to go abroad for labor cooperation, when returning to Vietnam, he was demobilized by competent agencies, then he worked in communes ( holding titles) and participated in social insurance as stipulated in the Government’s Decree No. 09/1998 / ND-CP dated January 23, 1998 amending and supplementing the Government’s Decree No. 50 / CP dated July 26, 1995 on regulations of livelihood allowance for officers of communes, wards and towns, but he that has not received a lump-sum allowance under the Decision No. 92/2005 / QD-TTg dated April 29, 2005, No. 290/2005 / QD TTg dated November 8, 2005 and No. 142/2008 / QD-TTg dated October 27, 2008 of the Prime Minister, his working time in the army is plus his working time in communes ( holding titles) under Decree No. 09 / 1998 / ND-CP for calculation of social insurance benefit under the guidance in the Government's Decree No. 92/2009 / ND-CP dated October 22, 2009 on the title, quantity, some policies for officers in communes, wards, towns and part-time staff at commune level and Joint Circular No. 03/2010 / TTLT BNV-BTC-BLDTBXH dated May 27, 2010 of Ministry of Home Affairs, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs providing guidance on the implementation of Decree No. 92/2009 / ND-CP.

Regulation of calculation of working time before January 1, 1995 for social insurance benefit for the worker shall comply with the regulations issued before January 1, 1995, with an attention to compliance with regulations for cases where the worker  quits his job without permission, is dismissed, is detained, or his working time is discontinued ... before January 1, 1995 (Point 18, Paragraph 9, Article 1 of Circular No. 41/2009 / TT- BLĐTBXH dated December 30, 2009 of the Ministry of Labor, War Invalids and Social Affairs providing guidance on the amendments and supplements to Circular No. 03/2007 / TT-BLĐTBXH dated January 30, 2007 on guidance on the implementation of a number of articles of the Government’s Decree No. 152/2006 / ND-CP dated December 22, 2006 providing guidance on a number of articles of the Law on Social Insurance regarding compulsory social insurance).

The provincial social insurance shall base on worker’s record and above contents to consider and settle social insurance benefit for eligible workers from the date on which Decree No. 92/2009 / ND-CP takes effect (01/01/2010), supplement their working time in the military in social insurance books as prescribed as a basis of settlement of enjoyment of social insurance benefit. If the communal officer has received pension, monthly allowance or lump-sum allowance before January 1, 2010, provisions of Joint Circular No. 03/2010 / TTLT-BNV-BTC-BLĐTBXH shall not be applied to further settlement.

3. Regarding military seniority allowance in pension in accordance with the Law on Social Insurance

The calculation of military seniority allowance in pensions for soldiers, public security forces, cipher workers who are transferred to work on the payroll at regulatory agencies, political organizations, socio-political organizations and are paid by the state budget before their retirement is stipulated in the Government’s Decree No. 68/2007 / ND-CP dated April 19, 2007 providing instructions on the implementation of a number of articles of the Law on Social Insurance regarding compulsory social insurance for soldiers, public security forces, cipher workers that is amended and supplemented by the Government’s Decree No. 153 / 2013 / ND-CP dated November 8, 2013.

For a worker who has working time in the army, then he was assigned to go abroad for labor cooperation, when returning to Vietnam, he stopped working for a time without participating in social insurance, then he was transferred to work in state agencies and units and he is eligible for seniority allowance added to his pension in accordance with the above provisions, the level of military seniority allowance is calculated based on the salary of officers, professional soldiers of people’s army forces at the time before the foreign labor cooperation, which is converted under the salary policy stipulated at the time of his retirement as a basis for calculating pensions.

For the worker who has received pension from the date on which the Law on Social Insurance takes effect (from 01/01/2007), but his seniority allowance has not been included in his pensions under the above provision and he provides an original record in which his working time as prescribed above is stated, provincial social insurance, social insurance of the Ministry of National Defense, social insurance of public security force shall consider for settlement( if the record is satisfactory); the new salary takes effect from the date of enjoyment of pension benefit. If the record is unsatisfactory, the provincial social insurance shall make a reply to the worker

Any problems arising in the course of implementation should be reported to Vietnam Social Insurance for guidance. /.