Changes in the Regulations on Compulsory Social Insurance

The Ministry of Labor, Invalids and Social Affairs is currently seeking public opinion on the Draft Circular amending certain provisions of Circular 59/2015/TT-BLDTBXH guiding the implementation of several articles of the Law on Social Insurance regarding compulsory social insurance. Below are the points revised regarding general regulations, sickness and maternity social insurance policies.

1. Adding applicable subjects.

Non-specialized workers in communes, wards, commune-level towns who concurrently enter into labor contracts shall participate in compulsory social insurance as prescribed at Points a and b, Clause 1, Article 2 of Decree 115/2015/ND-CP.

2. Amending the formula for calculating sick leave benefits for odd days not forming a whole month.

Sick leave benefits for long-term treatment illnesses for odd days not forming a whole month = Monthly salary used to pay social insurance contributions of the preceding month before leaving work/24 days x Sick leave benefit rate (%) x Number of leave days entitled to sick leave benefits

3. Adding the method for determining sick leave benefits for workers taking leave to care for a sick child under 7 years old.

4. Amending and supplementing regulations on convalescence and health rehabilitation after illness.

5. Adding regulations allowing the father to receive a one-time maternity allowance when the mother does not meet the conditions.

6. Adding regulations: Maternity benefits are not applicable during the period the employee is on annual leave, personal leave, or unpaid leave.

7. Amending regulations on female workers whose newborns die or are stillborn.

8. Adding regulations on the period of leave for male employees entitled to maternity benefits.

9. Adding regulations on determining social insurance contribution time when female employees who give birth take maternity leave before and after the birth for 6 months, but the starting leave date is not the 1st of the month.

10. Adding regulations: No settlement of convalescence and health rehabilitation benefits during the time female workers return to work before the end of their maternity leave.

11. Adding regulations on: Dossiers and settlement of maternity benefits.

Additionally, the Draft Circular also amends and supplements several other provisions on retirement and survivor benefits:

12. Conditions for pension entitlement.

13. Monthly pension amount.

14. One-time social insurance payment for pensions.

15. The average monthly salary used to calculate pensions and lump-sum benefits.

16. Social insurance regime for individuals receiving pensions or monthly social insurance benefits when they emigrate.

17. Cases eligible for monthly survivor benefits.

18. One-time survivor benefit amount.

19. Regional allowance for social insurance beneficiaries.

20. Calculation of working time for workers participating in labor cooperation before January 1, 1995.

21. Regime for workers who have a decision to retire pending the settlement of pensions and monthly allowances.

More details can be found at Draft Circular, amending and supplementing certain articles of Circular 59/2015/TT-BLDTBXH.

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