Guidelines on Procedures and Documentation for Monthly Pensions and Allowances for Commune Officials

Decision 777/QD-BHXH on the announcement of administrative procedures for social insurance benefits and unemployment insurance that are replaced and abolished, effective from June 24, 2020.

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 Pension and Monthly Allowance Claim Forms for Commune Officials

This Decision provides detailed guidance on the procedures and documentation for claiming pensions and monthly allowances for commune officials as follows:

1. Procedure

Step 1: Submitting the Application

- For employees currently contributing to social insurance: The employer's unit shall compile and submit the application dossier in accordance with regulations to the social insurance agency where the unit is paying social insurance contributions.

In case of electronic transactions: The employer's unit shall compile the application using the declaration software of Vietnam Social Security or the I-VAN organization; Digital signatures shall be sent to the Vietnam Social Security Electronic Portal or through the I-VAN organization, and in case the paper application is not converted to electronic format, the paper application shall be sent to the social insurance agency via public postal services.

- For voluntary social insurance participants, those preserving the mandatory social insurance contribution period, and individuals self-contributing to mandatory social insurance, those awaiting eligibility for pension or monthly allowance as per Decree 09/1998/ND-CP: They shall submit their application in accordance with regulations to the district or provincial social insurance agency where they reside.

In case of electronic transactions: Employees register to receive the verification code and send the electronic application to the Vietnam Social Security Electronic Portal or through the I-VAN organization, and in case the paper application is not converted to electronic format, the paper application shall be sent to the social insurance agency via public postal services.

Step 2: Receiving and Processing the Application

- The provincial/district social insurance agency shall receive the full application dossier from the employer’s unit or the employee; verify it against the originals for components that are copies without notarization and return the originals to the employee or the employer's unit.

- Process and return the resolution results to the employer's unit and employee as per the method registered by the employer's unit and employee; disburse the pension, monthly allowances to the employees as per the registered method.

Step 3: Receiving the Resolution Results

The employee shall directly receive the resolution results; in cases where the employee cannot directly receive them, the authorized person must have a Power of Attorney *(Form No. 13-HSB)*or a legally authorized contract to receive the resolution results for social insurance.

2. Method of Implementation

The employer’s unit and employees can choose to submit and receive the application by one of the following methods:

- Through electronic transactions (with or without accompanying paper application);

- Through public postal service;

- Directly at the social insurance agency.

Employees shall receive pension, allowances by one of the following methods:

- Through public postal service;

- Through the employee's bank account.

3. Components of the Application

* For those currently participating in mandatory social insurance at the employer’s unit:

- The original Social Insurance Book;

- The original Decision on Retirement for pension as per the form issued with Decree 46/2010/ND-CP or the Decision on Retirement for pension *(Form No. 12-HSB)*or the original document on terminating the labor contract for pension.

- The original Medical Assessment Certificate of the reduction in working capacity issued by the Medical Assessment Council (if the employee already has a Medical Assessment Certificate for other policies that meet the conditions for pension, a copy can be submitted) for those retiring due to a reduction in working capacity or a copy of the HIV/AIDS infection certificate due to occupational accident (equivalent to a 61% reduction in working capacity) for those infected with HIV/AIDS due to occupational accident.

- The original personal declaration on the duration and location of military service with area allowances (Form No. 04B-HBKV issued with Circular 181/2016/TT-BQP) for those with military service prior to January 1, 2007, in areas with area allowances not fully recorded in the Social Insurance Book.

* For voluntary social insurance participants, preserving the participation period (including those serving prison sentences, those returning after illegal exit, those with annulled missing person declarations by a court):

- The original Social Insurance Book;

- The original application form (Form No. 14-HSB);

- The original Medical Assessment Certificate of the reduction in working capacity issued by the Medical Assessment Council (if the employee already has a Medical Assessment Certificate for other policies that meet the conditions for pension, a copy can be submitted) for those retiring due to a reduction in working capacity or a copy of the HIV/AIDS infection certificate due to occupational accident (equivalent to a 61% reduction in working capacity) for those infected with HIV/AIDS due to occupational accident.

- For those serving prison sentences from January 1, 2016, an additional original Power of Attorney (Form No. 13-HSB).

- For those who completed their prison sentence from January 1, 1995, to before January 1, 2016, an additional copy of one of the following: Certificate of completion of prison sentence, Decision on special amnesty, Decision to suspend or temporarily suspend the execution of the prison sentence.

- For those returning after illegal exit: an additional copy of the document from competent state authorities confirming the legal return for settlement.

- For those returned after being declared missing: an additional copy of the legally effective court decision annulling the missing person declaration.

- The original personal declaration on the duration and location of military service with area allowances (Form No. 04B-HBKV) issued with Circular 181/2016/TT-BQP for those with military service before January 1, 2007, in areas with area allowances not fully recorded in the Social Insurance Book.

- The original invoice and fee receipt from the medical assessment facility along with a list of the assessed contents (if claiming reimbursement for medical assessment fees).

* For individuals with a Decision or Certificate awaiting age eligibility for a pension or monthly allowance as per Decree 09/1998/ND-CP:

- The original Decision or the original Certificate awaiting age eligibility for a pension or awaiting monthly allowance as per Decree 09/1998/ND-CP; in case of loss of the above documents, an additional original application form *(Form No. 14-HSB)*stating the reason for the loss.

- The application dossier as per specific cases mentioned in items 3, 4, 5, 6, 7, 8, 9 of the voluntary social insurance participation and preservation period (including those serving prison sentences, those returning after illegal exit, those with annulment of missing person declaration by a court).

4. Number of Application Sets: 01 set (applicable for direct transactions and electronic transactions without conversion of paper application to electronic form).

5. Resolution Time

Maximum 12 working days from the date of receiving a complete application as per regulations.

Nguyen Trinh

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