To: Vietnam Social Security

Replying to Official Dispatch No. 386/BHXH-CSXH dated February 16, 2023 and Official Dispatch No. 75/BHXH-CSXH dated January 11, 2023 of Vietnam Social Security on payout of social insurance benefits to employees, the Ministry of Labor, Invalids and Social Affairs proposes:

1. First and foremost, it is necessary to come to an agreement with the proposal for granting social insurance benefits to employees stated in Sections 1, 2 and 3 of Circular No. 386/BHXH-CSXH dated February 16, 2023 of Vietnam Social Security.

Regarding contents in Point 1.2c Section 1, a worker may receive the lump-sum social insurance payout after one year from the date of termination of employment as prescribed in Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly on one-time payout of social insurance benefits to employees, Section 2 of Official Dispatch No. 2591/LDTBXH-BHXH dated August 09, 2021 of the Ministry of Labor, War Invalids and Social Affairs shall be applied.

As for contents at Point 1.3, Section 1, if employees have actually paid social insurance premiums for from full 10 years to under 20 years, the contents at Point 1.1b Section 1 shall be applied.

As for contents at Point 2.4 of Section 2, Vietnam Social Security shall review, consolidate data and propose solutions in case employees’ difficulties are sent to the Ministry of Labor, War Invalids and Social Affairs.

2. As for payout of sickness benefits to employees who resign due to diseases under the list of diseases requiring long-term treatments, Vietnam Social Security shall comply with regulations in Clause 2 Article 26 of the Law on Social Insurance in 2014 and guidance in Clause 3 Article 4 of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs.

3. As for payout of retirement benefits to employees who are suspended from execution of the sentence of imprisonment (For the case of Ms. Thach Ngoc Cam).

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Vietnam Social Security shall, based on regulations of law on social insurance and the application of Ms. Thach Ngoc Cam, consider and handle this case as prescribed.

4. Procedures for granting social insurance benefits to persons without legal representatives.

According to Clause 7 Article 34 of the Labor Code, an employment contract shall be terminated in case where the employer that is not a natural person ceases to operate, or a business registration authority affiliated to the People’s Committee of the province issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations. According to Clause 2 Article 45 of the Labor Code, in case the provincial business registration authority issues a notice that the employer does not have a legal representative or a person authorized to exercise the legal representative’s rights and obligations, the date of termination of the employment contract is the same date of the notice.

Therefore, Vietnam Social Security shall direct social insurance authorities of provinces and central-affiliated cities to cooperate with functional agencies in their provinces and cities in determining expiry dates of employment contracts forming the basic for consideration and handling of social insurance benefits for employees.

Vietnam Social Security shall direct social insurance authorities of provinces and central-affiliated cities to come to an agreement in implementation, consideration and handling of social insurance benefits for employees or their relatives./.

PP. MINISTER
DEPUTY MINISTER




Nguyen Ba Hoan