• DETAIL
Name Settlement for continued entitlement to monthly pension or social insurance allowance for persons who have completed imprisonment sentence, persons who had leaved the country illegally and now return home for lawful residence and persons who have his/her missing declaration annulled by court
Type Social Insurance
Fields Implementation of social insurance policies
Implementing Agency Provincial-level social insurance agencies
Public date
Step by step

1. Step 1: The employee makes a dossier comprising the documents prescribed below and submits it to the provincial- or district-level social insurance agency from which he/she used to receive monthly pension or social insurance allowance before serving imprisonment sentence, leaving the country or missing.

2. Step 2:

- The district-level social insurance agency receives the dossier from the employee and forwards it to the concerned provincial-level social insurance agency; receives the processed dossier from the provincial-level social insurance agency and returns it back to the employee.

- The provincial-level social insurance agency receives the dossier from the employee or the district-level social insurance agency; processes and returns the processed dossier to the employee or district-level social insurance agency (for return to the employee).

- Upon receiving the dossier from the employee, the provincial- or district-level social insurance agency compares uncertified copies included in the dossier against their originals and returns the originals to the employee. 

Process

Direct submission at the single-window section of the district-level social insurance agency or administrative procedure receipt and result return division of provincial-level social insurance agency

Profile component

1. An application, made according to Form No. 14-HSB (the original);

2. A certificate of completion of imprisonment sentence or certificate of ahead-of-schedule release from prison or a competent authority’s decision on exemption or suspension from serving imprisonment sentence, for those who started serving imprisonment sentence at a time between January 1, 1995, and December 31, 2015;

3.  A competent agency’s documents on returning for lawful residence in the country, for those who had leaved the country illegally;

4. A legally valid decision annulling the missing declaration decision, for those who are declared missing and now return.

Note: If not required to submit the originals, applicants may submit the originals, copies enclosed with the originals for comparison, certified copies or copies made with information extracted from original books. 

Number of records 01
Term of settlement

15 days after receiving a complete dossier under regulations

Unit Individuals
Fee No
Form

Form No. 14-HSB, Application


Requirements

Being sentenced to imprisonment at a time between January 1, 1995, and December 31, 2015, illegally leaving the country or being declared missing while on monthly pension or social insurance allowance and now having just completed imprisonment sentence, returning home for lawful residence, or having their missing declaration decisions annulled by court, respectively. 

Legal

- November 20, 2014 Law No. 58/2014/QH13 on Social Insurance;

- Decree No. 115/2015/ND-CP of November 11, 2015, detailing a number of articles of the Law on Social Insurance regarding compulsory social insurance;

- Decree No 134/2015/ND-CP of December 29, 2015, detailing a number of articles of the Law on Social Insurance regarding voluntary social insurance;

- Circular No. 59/2015/TT-BLDTBXH of December 29, 2015, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding compulsory social insurance;

- Circular No. 01/2016/TT-BLDTBXH of February 18, 2016, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance;

- Decision No. 636/QD-BHXH of April 22, 2016, prescribing dossiers and settlement for entitlement to social insurance regimes;

- Decision No. 828/QD-BHXH of May 27, 2016, of the Vietnam Social Security.

More information