Highlight of the Most Notable Documents of the Past Week

In the past week (from July 23, 2018, to July 28, 2018), Thu Ky Luat has updated numerous new documents, prominently in the fields of insurance and social policies as follows:

  1. Amendment of Forms and Appendices on Social Insurance, Health Insurance

On July 16, 2018, Vietnam Social Security signed Decision 888/QD-BHXH amending and supplementing Decision 595/QD BHXH on procedures for collecting Social Insurance (SI), Health Insurance (HI), Unemployment Insurance (UI), Occupational Accident and Occupational Disease Insurance (OAODI), and managing SI books, HI cards.

The contents of the related forms and appendices have some adjustments as follows:

- Appendix 01 on types of documents as a basis for issuing, recording, and adjusting SI books:- Abolish the regulation on the dossier for calculating the SI benefits for freelance workers who are sent for cooperative labor and continue to participate in compulsory SI after returning to Vietnam;- Add regulations on the dossier for calculating SI benefits, including the continuity of the service period for team leaders, interpreters, and regional staff paid by foreign countries;- Amend and supplement the dossier for confirming the time of SI contributions as prescribed in Clause 2, Article 23 of Decree 115/2015/ND-CP.- Appendix 03 on types of documents as a basis for reissuing, recording, and adjusting HI cards:- Adjust HI benefits to higher levels, recorded on the HI card;- Adjust the name, middle name, date of birth, gender; add the code of the resident location on the HI card for those who only participate in HI.- Form TK1-TS on participating and adjusting information on SI, HI.

Details are available in Decision 888/QD-BHXH effective from July 1, 2018.

  1. Formula for Calculating Pensions and Allowances for Commune Officials from July 1, 2018

Commune, ward, and commune-level town officials subject to the regulations in Decree 92/2009/ND-CP, Decree 121/2003/ND-CP, and Decree 09/1998/ND-CP who are receiving pensions and monthly allowances before July 1, 2018, will have their pensions increased by 6.92% from July 1, 2018, according to the following formula:

Pension, Allowance = Pension, Allowance of June 2018 x 1.0692

This formula also applies to other beneficiaries of pensions and allowances before July 1, 2018, including:

- Civil servants, public employees, and workers (including those who have participated in voluntary SI, retired from the farmer’s SI fund of Nghe An province according to Decision 41/2009/QD-TTg; soldiers, public security officers, and those working in cipher units receiving monthly pensions);- Persons receiving monthly loss of working capacity allowances; persons receiving monthly allowances according to Decision 91/2000/QD-TTg, Decision 613/QD-TTg; rubber workers receiving monthly allowances;- Persons receiving OAODI allowances.

These provisions are stipulated in Circular 05/2018/TT-BLDTBXH effective from August 15, 2018.

  1. Dossier for Benefitting Policies for Revolutionary Contributors Abroad

From September 5, 2018, Vietnamese citizens who have contributed to the revolution, participated in resistance wars, defended the fatherland, and performed international duties while residing abroad are officially entitled to state support and allowances according to Decree 102/2018/ND-CP.

The entities of revolutionary contributors entitled to monthly allowance and preference policies (including family members of martyrs) residing abroad but whose allowances were suspended due to national border demarcation shall prepare the following documents:

- 01 declaration form;- Original documents or related documents proving that the person is a revolutionary contributor or a martyr’s family member who received monthly allowance and preferences but was suspended;- A copy of the passport or personal identification document of the beneficiary;

For deceased beneficiaries, additional documents include: Death certificate or a document proving that the person is deceased.

  1. Clarifications on Policies for Recuperation and Rehabilitation After Sickness

On July 17, 2018, the Ministry of Labor, Invalids, and Social Affairs (MOLISA) issued Official Dispatch 2856/LDTBXH-BHXH addressing issues related to recuperation and rehabilitation policies after illness for laborers.

According to that:

- Laborers who have taken sick leave for 30 consecutive days or more in a year and whose health has not yet recovered within the first 30 days upon returning to work are entitled to take recuperation and rehabilitation leave.- The maximum number of recuperation and rehabilitation days per year is as follows:- 10 days for laborers whose health has not yet recovered after long-term treatment illnesses.- 07 days for laborers whose health has not recovered after undergoing surgery.- 05 days for other cases.

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