Công văn 481/BHXH-CSXH

Pursuant to the Circular No. 23/2012/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as the Circular No. 23/2012/TT-BLDTBXH) dated October 18, 2012 providing for amendments to several contents of the Circular No. 19/2008/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs dated September 23, 2008, and with the objective of seeking to agree on certain regulations on implementation of social insurance programs, the Social Security Administration of Vietnam shall, after taking into account opinions contributed by the Ministry of Labor, War Invalids and Social Affairs in the Official Dispatch No. 4810/LDTBXH-BHXH dated December 20, 2012, provide the following instructions regarding:

I. Implementation of the Circular No. 23/2012/TT-BLDTBXH

1. Where insured employees or their children under seven years old use healthcare services abroad, applications submitted to claim for sickness benefits covered by the social insurance scheme must include social insurance booklets, medical records issued by overseas healthcare providers and the List of employees qualifying for sickness benefits compiled in the given format by employers.      

2. Where employees’ social insurance contribution periods, which were recorded before, have been subject to any interruption (including permitted intermission), and these employees, however, suffer from illnesses, accidents at work or occupational diseases in the month when their work and social insurance contribution payment resume, the base pay rate used for calculation of insurance benefits covered by the insurance scheme for such illnesses, accidents at work or occupational diseases shall be the base pay rate used for calculation of social insurance contributions paid in that month.  

3. Payment of claims for retirement pensions

3.1. Determination of the due date of retirement pension payment: Employees qualifying for retirement pension payments as referred to in Point 9a, 9b Clause 6 of the Circular No. 19/2008/TT-BLDTBXH dated September 23, 2008, which has been amended by Clause 4 Article 1 of the Circular No. 23/2012/TT-BLDTBXH shall be entitled to retirement pension payments made upon the due dates thereof specified in employment termination decisions granted by employers or written requests submitted by employees.  Where the due dates upon which employees qualify for retirement pension payments as specified in employment termination decisions or in written requests submitted before these due dates (even when such written requests do not provide the specified dates of retirement pension payments), the due dates of retirement pension payments shall be the dates upon which employees are eligible to be paid retirement pensions in accordance with relevant laws and regulations.

Example 1: Mrs. K, born on January 21, 1958, has paid social insurance contributions for 27 years which enable her to be eligible for retirement pension payment in accordance with relevant laws and regulations from February 1, 2013. If the due date specified in Mrs. K’s employment termination decision (or written request) is May 1, 2013, the due date of her retirement pension payment is May 1, 2013. If the due date specified in Mrs. K’s employment termination decision (or written request) is January 1, 2013, the due date of her retirement pension payment is February 1, 2013. In the event that the claim for retirement pension payment is submitted before the due date of retirement pension payment that was not specified in Mrs. K's written request, payment of Mrs. K's claim for retirement pensions shall be made from February 1, 2013.

With respect to persons who completed their jail sentence, illegal immigrants who return for legal residence, persons previously declared missing by a Court who finally turn up alive, all of whom are eligible for stipulated retirement pension payments, the periods of time during which they served their jail sentence, were declared missing by the Court or illegally immigrated shall be taken away from the retirement pension payment period.      

Example 2: Mr. H, born on April 15, 1952, has paid social insurance contributions for 27 years which enable him to be eligible for statutory retirement pension payment scheme from May 1, 2012; the due date of retirement pension payment specified in his written request is May 1, 2012; Mr. H submits his claim for payment of his retirement benefits on June 24, 2013 because of serving his jail sentence. If Mr. H has to serve his jail sentence from April 20, 2012 to April 19, 2013, the due date of his retirement pension payment would be May 1, 2013. If Mr. H has to serve his jail sentence from July 20, 2012 to April 19, 2013, the due date of his retirement pension payment would be May 1, 2012 (the time span ranging from August 2012 to April 2013 shall be deducted from the total stipulated period of his retirement pension payment).  

3.2. Payment of late submitted claims for retirement pension payments

- Where claims for retirement pension payments are submitted after the stated deadlines, explanations should be given in writing by employers (applicable to employees who are paying compulsory social insurance contributions) or employees (applicable to persons who pay compulsory social insurance contributions on their own account, are allowed to take permitted intermission for their social insurance contribution, and are participating in voluntary social insurance scheme).       Such explanations should clearly define where employees resided during late submission period, or whether they were jailed, illegally immigrated or declared missing by the Court, and should also provide the commitment to take legal responsibility for given information; 

- Where late submission results from employees’ serving their jail sentence or illegal immigration or being declared missing by the Court, amendments to their claims must be further submitted, as referred to in Clause 2, Article 22 of the Regulation on submission and processes for payment of claims for benefits covered by the social insurance scheme as an attachment to the Decision No. 777/QD-BHXH of the Social Security Administration of Vietnam dated May 17, 2010, as a basis for determination of the due dates of retirement pension payment; 

- Retirement pensions which have not been paid to employees during their late submission period shall be accrued and received by these employees at the rate specified in the social insurance scheme over periods without any interest to be included.

With regard to payment of late-submitted retirement pension claims are made from December 1, 2012, employers and employees should be guided to provide further explanations on reasons for such late submission as valid grounds for payment of their benefits.  Where employees make late submission of their claims for retirement pension payments which exceeds at least 6 months compared with the due dates of retirement pension payment, the Social Security agency at the provincial or district level (with reference to delegation of powers to process such claims) must verify whether  claim-submitting employees were jailed, illegally immigrated or were declared missing by a Court as a basis for payment of retirement benefit claims in accordance with relevant laws and regulations (except when such claims have included the certificate of jail sentence completion, statement of homeland return for legal residence or determination of the Court on return of a missing person).  

II. Several contents of which general agreements on implementation are required

1. Social insurance schemes and benefits

1.1. Where both fathers and mothers participating in social insurance scheme have, at the same time, a minimum of their 2 children suffering sickness and both of them have to take leave from work to provide care to their ill children, and medical records are signed by either fathers or mothers who have to take leave to provide care to their children, employees whose names are signed in their respective children's medical records shall qualify for payment of sickness benefits under Article 24 of the Law on Social Insurance. 

1.2. With regard to female employees undergoing miscarriage, curettage, suction abortion and stillbirth, and those using contraceptive methods, periods used for calculation of retirement pension payment are the actual number of these employees’ days-off, but are restricted to the statutory number of paid leaves under the Law on Social Insurance.  

1.3. With regard to employees giving birth, adopting children, taking pregnancy tests, undergoing miscarriage, curettage, suction abortion or stillbirth, or using contraceptive methods from the 15^th day onwards of a month when social insurance contributions are paid, the average wage or salary in a social insurance contribution month used for calculation of maternity benefit payment shall include the wage or salary used for paying social insurance contributions in that month. 

1.4. Periods for calculation of maternity benefits paid to employees giving birth or adopting children begin from the date on which these employees take leave from work to give birth under the provisions of the Labor Code or from the date on which they adopt their children. In the event that employees give birth or adopt their children after employment termination, periods for calculation thereof shall begin from the dates of child birth and adoption).      

1.5. Where days off for health recovery at the end of previous year are brought forward to the beginning of following year, such days off shall be included in the year when employees qualify for health recovery leaves.

1.6. With regard to non-commissioned officers or servicemen paid living costs from January 1995 to December 2006, their social insurance contribution periods shall be calculated only for payment of occupational accident, disease and death benefits. If they have changed to become salary payees and have paid contributions for 5 social insurance schemes during the periods when they serve as non-commissioned officers or servicemen, these periods shall be calculated to qualify them for access to 5 compulsory social insurance schemes.

1.7. During military service periods of the insured governed under Point a, Clause 6, Article 8 of the Joint Circular No. 03/2010/TTLT-BNV-BTC-BLDTB&XH dated May 27, 2010, if social insurance benefits are revoked by competent authorities under the Decision No. 142/2008/QD-TTg dated October 27, 2008 and the Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Prime Minister, military service periods shall be progressively added to term of office as provided by the Decree No. 09/1998/ND-CP for the purpose of calculation of social insurance benefit payments (in accordance with regulations laid down in the Official Dispatch No. 2773/BQP-CT of the Ministry of National Defence dated October 11, 2011).  

1.8. If the insured who are currently paid monthly pensions or retirement pensions along with locality allowances are subject to the temporary suspension of social insurance benefits because of serving their jail sentence or being declared missing by a Court, or illegally immigrating and then coming back to their registered permanent residence to continue to be paid monthly retirements pensions or social insurance benefits within the localities where their social insurance benefit payments were temporarily suspended earlier and which are still listed as localities where the insured are paid locality allowances, they shall be eligible to continue to be paid monthly retirement pensions, social insurance benefits along with stipulated locality allowances.

2. Application procedures

2.1. If employees have to take leave from work to provide care to their ill children, competent healthcare service establishments shall issue the Certificate of paid leave covered by social insurance schemes (C56-HD) or medical records including details about full name of mother or father; full name, age of his or her children, necessary childcare days, these documents shall substitute for medical record books of these children as the basis for payment of sickness benefits covered by the social insurance scheme.

2.2. Where employees need to take long-term medical treatment without medical consultations conducted by healthcare service establishments in accordance with the Ministry of Health's regulation, medical consultation sheets or records of hospitals, referred to in Point b Clause 2 Article 8 of the Regulations on application and procedures for payment of social insurance benefits promulgated as an attachment to the Decision No. 777/QD-BHXH dated May 17, 2010, shall be substituted by copies of medical records that specify sicknesses in the list of sicknesses subject to long-term medical treatment and provide attestation of employees' days-off for medical treatment by healthcare service establishments where such medical treatment occurs.   

2.3. Where employees take pregnancy tests and healthcare service establishments issue certificates of paid leaves covered by the social insurance scheme (C65-HD), these certificates shall be defined as the basis for applying for payment of maternity benefits (in lieu of pregnancy test certificates).

2.4. Where employees suffering from occupational accidents have to take outpatient treatment (without hospital discharge certificates), health examination or disability treatment certificates shall serve as the basis for payment of occupational accident benefits.

2.5. If employees accidentally infected with HIV because of occupational risks are paid occupational disease benefits, applications for payment of social insurance benefits include:

a. Social insurance book;

b. Written request for payment of occupational disease benefits submitted by employers (form No. 05A-HSB);

c. Copy of statement of accidentally occupational risks (the form and issuing power referred to in the Decision No. 120/2008/QD-TTg of the Prime Minister dated August 29, 2008);

d. Copy of certificate of HIV infection resulting from accidentally occupational risks (the form and issuing power referred to in the Decision No. 120/2008/QD-TTg of the Prime Minister dated August 29, 2008);

e. Statement of evaluation of work incapacity degree issued by Medical Assessment Council.

The due dates of social insurance benefit payments made to these employees shall begin from the month of issuance of certificate of HIV infection resulting from accidentally occupational risks.

III. Implementation

With the aim of providing best practice in implementation of social insurance programs for employees participating in social insurance programs, the Social Security Administration of Vietnam requests:

1. Social Security agencies of provinces, cities, Social Security agencies of the Ministry of National Defence; Social Security agencies of the People’s Public Security; Social Security agencies of the Government Cipher Committee to refer to Social Insurance laws and regulations, regulations set out in the Circular No. 23/2012/TT-BLDTBXH and instructions provided herein to provide guidance for Social Security agencies at the district level, employers, employees, affiliations or units, where appropriate, to initiate implementation; payment of social insurance benefit claims submitted by employees in accordance with laws and regulations.

2. Communication center:

Subject to regulations set forth in social insurance programs and instructions given in this instrument, to harmonize programs for consideration of approval of social insurance benefit payments with these regulations and instructions, and provide timely guidance for such programs.

3. Other entities affiliated to the Social Security Administration of Vietnam to, subject to its assigned functions and duties, implement contents concerned as provided for in this instrument.

In the course of implementation, if any difficulty arises, the Social Security Administration of Vietnam must be duly informed for further study and guidance./.