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blue-check Addition of many new regulations on social insurance contribution and benefits

Circular No. 06/2021/TT-BLDTBXH dated July 7th, 2021 of the Ministry of Labor - Invalids and Social Affairs on amendment to Circular No. 59/2015/TT-BLDTBXHstatus2 dated December 29, 2015 of Minister of Labor - War Invalids and Social Affairs elaborating to Law on Social Insurance on compulsory social insurance
Posted: 20/7/2021 9:36:35 AM | Latest updated: 7/9/2021 1:08:30 PM (GMT+7) | LuatVietnam: 5252 | Vietlaw: 525
VietlawOnline

Many important regulations pertaining to the policy on social insurance contribution and benefits are amended, supplemented at this Circular, including:

- How to calculate sickness benefits for illnesses that required prolonged treatment in incomplete months;

- Salaries on which sickness benefits (including taking care of children under 7 years of age who are sick) are based with a leave period of 14 days or more in the month;

- Base for determination of maximum time of rest and recovery in a year;

- Conditions for receiving lump-sum payment when delivery with regard to the father (in case the mother participates in social insurance but is ineligible for postpartum benefits);

- Time of receiving postpartum benefits and lump-sum payment upon delivery in case of female workers expecting a twin who deceases upon birth or suffers from stillbirth;

- Maternity benefits for male workers when their wives give birth;

- Calculation of period of maternity benefits for cases where workers are taking annual leave or permitted leave or unpaid leave;

- Postpartum rest and recovery benefits; Dossier for settlement of maternity benefits

- Determination of period for working in taxing, toxic, hazardous occupations as the basis for processing retirement benefits;

- Eligibility for receiving pensions after losing working capacity;

- Determination of age for calculation of years of early retirement to serve as the basis for calculating reduction of pensions;

- Monthly salary serving as the basis for social insurance contribution;

....

Accordingly, from January 1, 2021, monthly salary serving as the basis for social insurance contribution shall be salaries, salary-based allowances and other payments under Point a, Sub-point b1 Point b and Sub-point c1 Point c Clause 5 Article 3 of Circular No. 10/2020/TT-BLDTBXH. Before January 1, 2021, other payments subject to social insurance contribution were determined according to point a Clause 3 Article 4 of Circular No. 47/2015/TT-BLDTBXHstatus1 .

Time of receiving postpartum benefits and lump-sum payment upon delivery shall be calculated based on total number of children, including decease upon birth or stillbirth.

When calculating period of maternity benefits for cases where workers are taking annual leave or permitted leave or unpaid leave according to labor laws, the period that overlaps with annual leave, permitted leave and unpaid leave shall not be eligible for receiving benefits.

Female workers who work before maternity leave expires shall no longer eligible for postpartum rest and recovery benefits.

This Circular takes effect from September 1st, 2021.

To abrogate clause 1 Article 15; clauses 1, 2 Article 18 of Circular No. 59/2015/TT-BLDTBXHstatus2 dated December 29th, 2015.

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Effective Date 1-Sep-2021
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Published Vietlaw's Newsletter No. 525
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Social Insurance