Bản dịch văn bản 45/CP
Decree 45/CP
Cơ quan ban hành: Chính phủ
Ngày ban hành: 1995-07-15

DECREE No DECREE No.45-CP ON THE 15TH OF JULY 1995 OF THE GOVERNMENT TO ISSUE THE REGULATION ON SOCIAL INSURANCE FOR MILITARY OFFICERS, CAREER MILITARY PERSONNEL, NON-COMMISSIONED OFFICERS AND SOLDIERS OF THE PEOPLE'S ARMY AND PEOPLE'S UBLIC SECURITY THE GOVERNMENT Pursuant to the Law on Organization of the Government adopted on the 30th of September 1992; At the proposals of the Minister of Defense, Minister of the Interior and Minister of Labor, War Invalids and Social Affairs, DECREES: Article 1.- To issue attached to this Decree the Regulation on Social Insurance for Military Officers, Career Military Personnel, Non-Commissioned Officers and Soldiers of the People's Army and People's Public Security. Article 2.- This Decree takes effect from the date of issue. The earlier provisions which are contrary to this Decree are now annulled. The social insurance for military officers, career military personnel, non-commissioned officers and soldiers of the People's Army and People's Public Security as stipulated in the Regulation issued attached to this Decree shall apply as from the 1st of January, 1995. Article 3.- The Ministry of Defense, the Ministry of the Interior, the Ministry of Labor, War Invalids and Social Affairs, and the Ministry of Finance shall provide detailed guidance for the implementation of this Decree. Article 4.- The Ministers, the Heads of the agencies at ministerial level, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government, and the General Director of the Vietnam Social Insurance, are responsible for the implementation of this Decree. On behalf of the Government The Prime Minister VO VAN KIET REGULATION ON SOCIAL INSURANCE FOR MILITARY OFFICERS, CAREER MILITARY PERSONNEL, NON-COMMISSIONED OFFICERS AND SOLDIERS OF THE PEOPLE'S ARMY AND THE PEOPLE'S PUBLIC SECURITY (Issued attached to Decree No.45-CP on the 15th of July 1995 of the Government) Chapter I GENERAL PROVISIONS Article 1.- This Regulation provides for the social insurance for the military officers, career military personnel, non-commissioned officers and soldiers of the People's Army (military personnel for short) and for the officers, non-commissioned officers and soldiers of the People's Public Security (public security personnel for short), Article 2.- This Regulation provides for five regimes of social insurance: - Allowance for sickness. - Allowance for maternity. - Allowance for labor accident or occupational diseases. - Pension. - Death allowance. Article 3.- The regimes of social insurance stipulated in Article 2 of this Regulation shall apply as follows: 1. The military and public security personnel who are on the official payroll shall be entitled to all the five regimes. 2. The military and public security personnel who are on livelihood allowance (who do not buy social insurance) shall be entitled to two regimes, the allowance for labor accident or occupational diseases and the death allowance. The above-described personnel, who are studying, practicing, discharging duty or taking health treatment at home and abroad during which they are paid salary or livelihood allowance, are also beneficiaries of social insurance. Article 4.- The Ministry of Defense, the Ministry of the Interior and their personnel who are on official payroll shall buy social insurance as provided for. The military and public security personnel are issued social insurance cards which entitle them to social insurance provided for in this Regulation. The military and public security personnel who commit violations against law shall, depending on the seriousness of their violations, have their social insurance benefits suspended, reduced or cancelled. Article 5.- The fund for social insurance shall be formed from the social insurance purchases and assistance from the State. The fund for social insurance shall be managed uniformly and used to cover the social insurance regimes as provided for in this Regulation and the operational costs of social insurance services. Chapter II THE REGIMES OF SOCIAL INSURANCE I. ALLOWANCE FOR SICKNESS Article 6.- 1. The military and public security personnel who take sick leave due to ailments or accidents which are certified by military clinics, hospitals or medical teams of the People's Army or People's Public Security or health organizations prescribed by the Ministry of Health, are entitled to allowances for sickness. In the event the leave of absence is caused by an act of self-inflicting health, damage, alcoholism or drug abuse, no sickness allowance shall be provided. 2. A female military or public security personnel who is nursing the first or second child (including adoptive child as provided for by the Law on Marriage and the Family) who is under 7 years of age and who is sick as certified by a health organization prescribed by the Ministry of Health, shall be entitled to social insurance benefits for the following time lengths to take care of the child: - 20 days a year for a child under three years of age. - 15 days a year for a child from 3 to below 7 years of age. 3. When a military or public security personnel takes a family planning measure such as intra-uterus device, abortion, vasectomy or tying of the fallopian tube, his/her rest time shall be as provided for by the Ministry of Health, and the social insurance benefit shall be as stipulated in Article 7 of this Regulation. Article 7.- The allowance for a sick leave caused by the adoption of family planning is equal to 100% of the salary on which the social insurance premium of the month immediately prior to the leave is based. The allowance for a leave to take care of a sick child is equivalent to 85% of the salary on which the social insurance premium is based. II. ALLOWANCE FOR MATERNITY Article 8.- Female military and public security personnel who is pregnant or gives birth to the first or second child is entitled to a maternity allowance as prescribed by Articles 9 and 10 of this Regulation. Article 9.- During the pregnancy, the personnel is entitled to a leave of absence for three pre-natal checks, each for one day. In the event the pregnant personnel is stationed far from a health clinic or is bearing a diseased or abnormal fetus, the time off for each check is two days. In the event of a miscarriage, she is entitled to a paid time-off of 20 days if the fetus is under three months old; and of 30 days if it is three months or older. Article 10.- 1. The leave of absence before and after birth: - Five months for female military and public security personnel in general; - Six months for female military and public security personnel who work in area with an area allowance rate of 1, and for female military and public security personnel who work in special profession or duty as prescribed in the list issued by the Ministry of Labor, War Invalids and Social Affairs. 2. For twin or multiple births, the mother is entitled to an extra 30 days for each child from the second. In the event the child dies before 60 days of age (including still birth), the mother is entitled to 75 days off from the date of the birth; if the child is dead at 60 days or more of age, the mother is entitled to 15 days off from the date of the death of the child, but not exceeding the time length provided for in Item 1 of this Article. 3. In the event of special duty requirement, the commander of the unit may mobilize the subject female military or public security personnel to report to work before the expiration of the maternity leave as provided for in<%-1> Item 1 of this Article, if the personnel has spent 60 days off from the date of the birth and if she has the certificate of a health clinic that going to work is not harmful to her health. In this case, apart from her salary, she is still entitled to the maternity allowance until the expiration of her provided leave of absence. Article 11.- Military and public security personnel who take leave of absence to nurse new-born infants in accordance with the provisions of the Law on Marriage and the Family are entitled to the allowance till the infants are four months of age. Article 12.- The maternity allowance for the leave as provided for in Articles 9, 10 and 11 of this Regulation is equal to 100% of the salary on which the insurance premium of the month prior to the leave is based. Besides, the personnel is entitled a lump-sum allowance equal to one month of the salary which is base of the insurance premium at the point of the birth. III. ALLOWANCE FOR LABOR ACCIDENT OR OCCUPATIONAL DISEASES Article 13.- Military and public security personnel who suffer from accidents during military training, study, operation, production and construction (including during overtime at the request of the unit commander), or while on the way to and from work, are entitled to allowances for labor accidents. Article 14.- The Ministry of Defense and the Ministry of the Interior are responsible for paying all the medical and salary expenses from first aid and emergency care to medical treatment of the injuries caused to military and public security personnel by labor accidents. After their health condition has been stabilized, the personnel shall be recommended for an evaluation of their labor ability by a Council of Medical Evaluation as designated by the Ministry of Defense or the Ministry of the Interior. Article 15.- The military and public security personnel who suffer from labor accidents shall be provided with an allowance which is contingent on the loss of their labor ability and the minimum wage set by the Government. The allowance shall be as follows: 1. For loss from 5% to 30% of the labor ability, a lump-sum allowance is given as follows: PRIVATE Loss of labor ability Lump-sum allowance From 5% to 10% From 11% to 20% From 21% to 30%4 months of minimum wage 8 months of minimum wage 12 months of minimum wage 2. For loss from 31% or more of the labor ability, a monthly allowance is given from the date of hospital check-out as follows: PRIVATE Loss of labor abilityMonthly allowanceFrom 31% to 40% From 41% to 50% From 51% to 60% From 61% to 70% From 71% to 80% From 81% to 90% From 91% to 100%,0.4 monthly minimum wage 0.6 monthly minimum wage 0.8 monthly minimum wage 1.0 monthly minimum wage 1.2 monthly minimum wage 1.4 monthly minimum wage 1.6 monthly minimum wage Article 16.- The military and public security personnel who are benefiting from the monthly allowance for labor accident and who retire from service without being eligible for pension, shall benefit from the health insurance provided by the fund for social insurance. Article 17.- The military and public security personnel who suffer from labor accident and lose 81% or more of their labor ability which involves either a paralysis of the spinal cord, total blindness, loss of two limbs or serious mental ailment, shall be entitled to a monthly allowance for helper's service equal to 80% of the minimum wage. Article 18.- The military and public security personnel who suffer from labor accident which affects the use of their legs, arms, ears, eyes, teeth, spine..., shall be provided annually with facilities to assist them in their daily life with compensation corresponding to their functional losses. Article 19.- The military and public security personnel who suffer from labor accident and who are benefiting from lump-sum or monthly allowance, when their injuries recur, shall be recommended by their social insurance agencies for medical treatment and re-evaluation of the loss of their labor ability as a result of the injuries. Article 20.- For military and public security personnel who die of labor accident (including during the first treatment), their families shall benefit from a lump-sum allowance of 24 months of minimum wage and a death allowance as provided for in Section V of this Regulation. Article 21.- The military and public security personnel who are benefiting from lump-sum or monthly allowances for labor accident, if meeting the conditions stipulated in Section IV of this Regulation, shall also benefit from the pension regime. Article 22.- The military and public security personnel who suffer from occupational diseases as specified in the list of occupational diseases issued by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs and are certified by the Council of Medical Evaluation of Occupational Diseases, shall benefit from an allowance for occupational diseases similar to those for military and public security personnel who suffer from labor accident provided for in Articles 14, 15, 16, 17, 18, 19, 20 and 21 of this Regulation. IV. PENSION REGIME Article 23.- The military and public security personnel, after retirement from service, shall benefit from a monthly pension if they meet the following conditions: 1. Men of full 55 years of age and women of full 50 years of age who have purchased social insurance for full 20 years or more. 2. Men of full 50 years of age and women of full 45 years of age who have purchased social insurance for full 20 years or more, 20 years of which being in one of the following cases: - Having a full 15 years in profession or on duty of hard and hazardous jobs. - Having a full 15 years working in areas with an area allowance rate of 0.7 or more. - Having a full 10 years serving in Battlefront B prior to the 30th of April, 1975. - Having a full 10 years serving in Battlefront C or K, or discharging international duties (except for the periods of study and serving on diplomatic status). 3. Men of 50 years of age with 30 or more years under arms, and women of 45 years of age with 25 years or more under arms who have purchased social insurance as required. 4. Meeting all conditions stipulated in Article 42 of the Law on Officers of the Vietnam People's Army (also applied to career servicemen); Article 23 of the Ordinance on the Security Force; and Article 33 of the Ordinance on the People's Police. Article 24.- The military and public security personnel after retirement from service shall benefit from a monthly pension at a level lower than those who benefit from the pension provided for in Article 23 of this Regulation when they meet one of the following conditions: 1. Being men of full 50 years of age, or women of full 45 years of age, having purchased social insurance for a full 20 years or more, and losing 61% or more of their labor ability. 2. Having purchased social insurance for a full 20 years or more, including a full 15 years performing specially heavy or hazardous duties which have caused a loss of 61% or more of their labor ability (not contingent on age). 3. Being men of full 60 years of age, or women of full 55 years of age, and having purchased social insurance for a full 15 years to below 20 years. Article 25.- The military and public security personnel who are on monthly pension are entitled to the following benefits: 1. The monthly pension which is contingent on the number of years of purchasing social insurance and the average monthly salary used as base for social insurance premium: a full 15 years is for 45% of the average monthly salary which is used as base for social insurance premium, to be increased by 2% for each of the subsequent years of payment of insurance premium. The maximum monthly pension is equal to 75% of the monthly salary which is used as base for social insurance premium. 2. For military and public security personnel who retire under Items 1 and 2, Article 24, of this Regulation, their pension is calculated in accordance with the provision of Item 1 of this Article, but for each year of pension before the set pension age as provided for in Items 1, 2 and 3, Article 23 of this Regulation, a deduction of 2% of the average monthly salary, which is used as base for social insurance purchase, is applied. 3. Apart from their monthly pension, for military and public security personnel who have purchased social insurance for over 30 years, at the time of their retirement, shall receive a one-time allowance which is calculated as follows: for each year (12 full months) from the 31st year on social insurance, an allowance equal to half a month of average monthly salary which is used as base for social insurance premium is added, but the total shall not exceed 5 months of the average monthly salary. 4. The military and public security personnel on monthly pension are provided with health insurance covered by the fund for social insurance. 5. When the military and public security personnel on monthly pension die, their families are entitled to a death allowance as provided in Section V of this Regulation. Article 26.- The method for calculating the average monthly salary which is used as base for social insurance premium to serve as base for determining the monthly pension or the lump-sum allowance at retirement as stipulated in Article 25 of this Regulation is: the weighted average of the monthly salaries which are used as base for social insurance premium in the five years prior to the retirement. Article 27.- The military and public security personnel who retire from service after having purchased social insurance for 20 years or more, but having not met the age requirement as stipulated in Items 1, 2 and 3 of Article 23 of this Regulation to be eligible for a monthly pension, and who volunteer not to take demobilization payment, shall be entitled to the monthly pension when they reach the required age. Article 28.- The military and public security personnel on pension who are residing overseas legally, may delegate their relatives in the country to receive their monthly pension (the mandate document is valid for six months and must be endorsed by the Embassy of the Socialist Republic of Vietnam in the country where they are residing). V. DEATH ALLOWANCE Article 29.- For the military and public security personnel who die in service; or while being processed for pension; or while on pension or monthly allowance for labor accident or occupational disease, the persons who take care of their burial shall receive a burial allowance equal to eight months of minimum salary. Article 30.- For the military and public security personnel who die in service (including those already demobilized but still awaiting a pension as stipulated in Article 27) due to disease or accident and who have purchased social insurance for a full 15 years or more; or due to labor accident or occupational disease; and the military and public security personnel who die while on pension or monthly allowance for labor accident or occupational disease, their direct dependents as prescribed below shall benefit from their monthly death allowance: 1. Children under 15 years of age (including biological children, legally adopted children, legally recognized out-of-wedlock children, and biological children being conceived by the wives at the time of the husbands' death). If the children are going to school, they shall benefit from the monthly death allowance until they reach a full 18 years of age. 2. The parents (both biological and in-law); the spouse; the lawful tutor(s) who are past labor age (full 60 years or more for men, and full 55 years or more women). Article 31.- 1. The monthly death allowance for each of the dependents as stipulated in Items 1 and 2, Article 30 of this Regulation is equal to 40% of the minimum salary. In the event the dependent has no next-of-kin to take direct care of him/her or no other source of income, this monthly death allowance is equal to 70% of the minimum wage. 2. The number of dependents who benefit from the monthly death allowance shall not exceed four persons and the benefit shall start from the date of the death of the military or public security personnel. All special cases shall be considered and decided by the Ministry of Labor, War Invalids and Social Affairs. Article 32.- For the military and public security personnel who die in service (including those awaiting pension as stipulated in Article 27), or while on pension or monthly allowance for labor accident or occupational disease and who have no dependent who meets the conditions required for monthly death allowance; and the military and public security personnel who die without having a full 15 years of purchase of social insurance, their families shall receive a lump-sum death allowance. Article 33.- 1. The one-time death allowance for the family of the military or public security personnel who dies in service (including while awaiting pension as stipulated in Article 27) is contingent on the time during which the personnel purchases social insurance, each year being for one half (1/2) of the weighted average monthly salary which is used as base for social insurance premium in the five years prior to his/her death as described in Article 26 of this Regulation, but not exceeding 12 months of this monthly salary. For the military and public security personnel who are on livelihood allowance (non-salaried) and die, the salary to be used as base for calculation of their benefits shall amount to two times the minimum salary, and their minimum allowance shall be equal to at least six months of the minimum salary. 2. The one-time death allowance for the family of the military or public security personnel who dies while on pension or monthly allowance for labor accident or occupational disease, the period of time he/she spends on pension or allowance is the base: if he/she dies in the first year, it shall be equal to 12 months of the pension or allowance he/she is benefiting; if the death occurs in the second year or after that, a deduction of one month of benefit shall apply for each year, but the total death allowance shall be equal to at least three months of the pension or allowance. Chapter III THE FUND FOR SOCIAL INSURANCE, THE LEVEL OF AND RESPONSIBILITY FOR PURCHASING SOCIAL INSURANCE Article 34.- The fund for social insurance is formed from the following sources: 1. The Ministry of Defense and the Ministry of the Interior shall purchase at the level of 15% of the total salary fund for their respective salaried personnel; in which 10% shall be for pension and death allowance and 5% for regimes for ailment, maternity, labor accident and occupational diseases; and another purchase at 2% of the minimum salary measured by the total number of personnel on livelihood allowance for expenses under the two regimes of labor accident or occupational diseases and death allowance. 2. The salaried military and public security personnel shall purchase it at 5% of their monthly salaries to cover pension regimes and death allowances. 3. The Ministry of Finance shall deduct from the State budget and transfer to Vietnam Social Insurance Fund a sum adequate for coverage of expenses on pension and allowances for labor accident, occupational diseases, death and health insurance for the military and public security personnel who are benefiting from social insurance prior to the effective date of this Regulation, and for supporting the payment of pension for the military and public security personnel who retire as from the effective date of this Regulation. Article 35.- Every month, the Finance Departments of the People's Army and the People's Public Security shall have to purchase the social insurance as stipulated in Item 1 of Article 34, and to make the deduction of the salary of their personnel as stipulated in Item 2 of Article 34, of this Regulation to contribute once to the social insurance fund. The monthly salary which is used as base for this social insurance premium is composed of the salaries contingent on ranks, positions and the allowances for seniority, area, responsibility, dearness and reserved difference ratios (if any). Chapter IV IMPLEMENTATION OF SOCIAL INSURANCE Article 36.- The Government performs uniform State management over social insurance. The Ministry of Labor, War Invalids and Social Affairs is the Government agency which performs the function of State management over social insurance. The Ministry of Defense and the Ministry of the Interior, in consultation with the Ministry of Labor, War Invalids and Social Affairs, shall design and submit for promulgation the legal documents on social insurance for the military and public security personnel; and guide, monitor and inspect the implementation of social insurance within the army and public security. Article 37.- The social insurance regimes for the military and public security personnel shall be managed and implemented as follows: 1. The Ministry of Defense and the Ministry of the Interior are responsible for organizing the control and determination of the rights to social insurance of their personnel; implementing the social insurance regimes for the beneficiaries in service; making direct payment of the lump-sum allowances for the pensioners and the victims of labor accident and occupational diseases; the burial fee and lump-sum allowance for the next-of-kin of the dead; and ensuring the completion of the legal procedure for the military and public security personnel who are beneficiaries of the above-said social insurance before their retirement from service. Every year, the Ministry of Defense and the Ministry of the Interior shall coordinate their plans for social insurance payment with the Ministry of Finance and the Vietnam Social Insurance. On the basis of those plans, when they make their year-end financial statements, they shall report to the Ministry of Finance of the unspent money for permission to carry it over to the ensuing fiscal year of the Vietnam Social Insurance. 2. The Vietnam Social Insurance is responsible for undertaking the implementation of social insurance regimes for the retired military and public security personnel. Chapter V POWERS AND RESPONSIBILITIES OF THE PARTIES TO SOCIAL INSURANCE Article 38.- 1. The military and public security personnel have the rights: - To be issued social insurance cards as proofs of their right to social insurance; - To be paid with prompt and full pension or allowance when conditions allow. - To complain to the authorized agency when their units or social insurance organizations commit acts of violation of the Regulation on Social Insurance. 2. The military and public security personnel have the responsibilities: - To purchase social insurance as required; - To implement properly all regulations on the filing of dossiers to be eligible for social insurance; to preserve and use the social insurance cards and dossiers as regulated. Article 39.- 1. The commander of the unit of military or public security personnel has the rights: - To refuse to meet requests which are not in line with the provisions of the Regulation on Social Insurance; - To recommend to the authorized agency when the social insurance organization commits acts of violation of the Regulation on Social Insurance. 2. The commander of the unit of military or public security personnel has the responsibility: - To purchase social insurance as required; - To produce the required documents and dossiers and provide the related information to the authorized agency which is controlling and inspecting social insurance. Article 40.- 1. The bodies of the Ministry of Defense and the Ministry of the Interior which are assigned with the duty to administer social insurance to their personnel have the right: - To organize and manage the fund for social insurance in accordance with the provisions of the Regulation in order to ensure the implementation of social insurance regimes for the military and public security personnel; - To refuse social insurance payments to beneficiaries whose violations of law have been certified by the authorized agency. 2. The agencies of the Ministry of Defense and the Ministry of the Interior which are assigned with the duty to administer social insurance to their personnel have the responsibility: - To administer promptly and fully the social insurance regimes for the beneficiaries as provided for in this Regulation; - To settle the complaints about social insurance within their jurisdiction; - To make periodical reports and financial statements as required by the State for the administration of social insurance for military and public security personnel for submission to the authorized agencies. Chapter VI SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS OF SOCIAL INSURANCE Article 41.- When disputes occur between military or public security personnel or commanders of military or public security units and social insurance organizations, they shall be settled in accordance with the Regulation on Social Insurance. Article 42.- The right to social insurance of the military and public security personnel shall be suspended when they serve prison terms; after their prison terms, the military and public security personnel shall resume their social insurance benefits; in the event the Court wrongly convict them, they shall be refunded with the social insurance which are suspended while they are serving their prison terms. Article 43.- The right to social insurance of the military and public security personnel shall be revoked if they desert, and may be reduced if they forge documents in order to be eligible for social insurance benefits; of if they illegally travel or stay abroad. Apart from the said reduction or revocation of social insurance, the forgers of documents shall have to repay all the social insurance they have benefited and shall, depending on the seriousness of their violations, be disciplined and sanctioned administratively or examined for penal liability. Article 44.- The commander of the unit of the subject personnel of violation of social insurance shall, depending on the extent of his/her mistakes, be disciplined and pay compensations for the losses. Article 45.- The employees of the social insurance agencies who commit violations of provisions on social insurance shall, depending on the extent of their violations, be disciplined or sanctioned administratively, or examined for penal liability. Chapter VII GENERAL PROVISIONS Article 46.- This Regulation takes effect from the First of January, 1995; the earlier provisions on social insurance for the military and public security personnel which are contrary to this Regulation are now annulled. Article 47.- The military and public security personnel who have been on pension or monthly allowance for labor accident or occupational disease or death allowance prior to the effective date of this Regulation, shall continue to enjoy the previously provided-for benefits which shall be adjusted in accordance with the provision of the Government. All expenses incurred by the provision of social insurance for people of this group shall be covered by the State budget. Article 48.- The military and public security personnel who are on pension or allowance for labor accident or occupational disease which have resulted in a loss of 31% or more of the labor ability prior to the effective date of this Regulation shall, upon their death, be entitled to death allowances as provided for in Part V of this Regulation. Article 49.- The military and public security personnel who at one time served under arms; or as military employees prior to the effective date of this Regulation, if they have not enjoyed demobilization allowance or work-severance payment, shall have that period of time accounted for when their social insurance is calculated. Article 50.- Military and public security employees shall benefit from social insurance regimes provided in the Regulation on Social Insurance issued attached to Decree No.12-CP on the 26th of January 1995 of the Government. Article 51.- 1. The military and public security personnel who are working in coding sections are entitled to the social insurance regimes provided for in this Regulation. With regard to employees who are in coding work who are enjoying salaries set on scales for the armed forces, but who are not military or public security personnel, they are entitled to the social insurance regime provided for in this Regulation. 2. The personnel who are not stipulated in Item 1 of this Article but who work in coding work are entitled to the social insurance provided for in the Regulation for Social Insurance issued attached to Decree No.12-CP on the 26th of January 1995 of the Government. On behalf of the Government The Prime Minister VO VAN KIET