Law No.71/2006/QH11 dated July 12, 2006 of the National Assembly on Social Insurance
THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, June 29, 2006
ON SOCIAL INSURANCE
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for social insurance.
Article 1.- Regulation scope
1. This Law provides for social insurance regimes and policies; the rights and responsibilities of insured laborers, agencies, organizations and individuals; social insurance organizations; social insurance funds; procedures for implementation of social insurance and state management of social insurance.
2. This Law does not apply to health insurance, deposit insurance and types of business insurance.
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Article 2.- Subjects of application
1. Laborers entitled to participate in compulsory social insurance are Vietnamese citizens, including:
a/ Persons working under contracts of indefinite term or contracts of a term of full three months or longer;
b/ Cadres, officials, public servants;
c/ Defense workers, police workers;
d/ Officers and professional personnel of the people's army; professional officers and non-commissioned officers, technical officers and non-commissioned officers of the people's police; persons engaged in cipher work and enjoying salaries like armymen or policemen;
e/ Non-commissioned officers and soldiers of the people's army and non-commissioned officers and combatants of the people's police on term services;
f/ Persons working overseas for a definite term who previously paid compulsory social insurance premiums.
2. Employers entitled to participate in compulsory social insurance include state agencies, non-business units, people's armed force units; political organizations, socio-political organizations, socio-professional-political organizations, socio-professional organizations, other social organizations; foreign agencies and organizations, international organizations operating in the Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, other organizations and individuals hiring, employing and paying wages to laborers.
3. Laborers entitled to participate in unemployment insurance include Vietnamese citizens working under labor contracts or working contracts of indefinite term or a term of between full twelve months and thirty six months for employers specified in Clause 4 of this Article.
4. Employers entitled to participate in unemployment insurance are employers specified in Clause 2 of this Article who employ ten or more laborers.
5. Persons entitled to participate in voluntary social insurance are working-age Vietnamese citizens who are not specified in Clause 1 of this Article.
6. Agencies, organizations and individuals related to social insurance.
Laborers participating in compulsory social insurance, laborers participating in unemployment insurance and persons participating in voluntary social insurance are hereinafter collectively referred to as laborers.
Article 3.- Interpretation of terms
In this Law, the terms below are construed as follows:
1. Social insurance means the guarantee to fully or partially offset a laborer's income that is lost or reduced due to his/her sickness, maternity, labor accident, occupational disease, unemployment, retirement or death, on the basis of his/her contributions to the social insurance fund.
2. Compulsory social insurance means a form of social insurance in which laborer and employer must participate.
3. Voluntary social insurance means a form of social insurance in which a laborer voluntarily participates, may select premium rates and modes of premium payment suitable to his/her income in order to enjoy social insurance coverage.
4. Unemployed person means a person who had paid unemployment insurance premiums then has lost his/her job or terminated his/her labor or working contract and has not yet found a job.
5. Duration of social insurance premium payment means a duration counting from the time a laborer starts paying social insurance premiums to the time he/she stops the payment thereof. When a laborer pays social insurance premiums in interrupted durations, the duration of social insurance premium payment is the total time of social insurance premium payment.
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