Innovative contents of social insurance policies in the Decree 43/CP

26/11/2019 03:45 PM


Decree 43/CP is considered to create a new breakthrough in the design of social insurance policies, with provisions on contribution obligations and entitlements; expand social insurance participants; separate social insurance from social benefits.

The contents of innovation in each social insurance regime are specified as follows:

- Sickness allowance regime: The rate of uniform sickness benefit allowance is equal to 75% of the salary during the period of annual sick leave allowance for each subject based on working time. In case of illness requiring prolonged treatment, the maximum leave time is 180 days. Past that time limit, if they are on the list of diseases subject to long-term treatment according to the Health Ministry's regulations, they are entitled to 70% of the minimum wage.

- Maternity allowance regime: stipulating the maternity leave period of female employees is 04 months, entitled to 100% of salary and 1-month average allowance is equivalent to 02 months of minimum wage. In case of heavy, hazardous jobs, twins, triplets, etc., they are entitled to additional breaks according to regulations. Maternity allowances are calculated for all female employees who miscarry and carry out family planning measures.

- Allowance for labor accidents and occupational diseases: During the time the employee treats injuries caused by a labor accident or an occupational disease, the employer must pay 100% of his salary. After stable treatment, depending on the rate of working capacity decline as determined by the health agency, the employee will be entitled to a lump sum or monthly social insurance allowance, specifically: Decreasing from 5% - 60% of labor force will be entitled to a lump-sum allowance of 4 to 24 months of minimum wage; Reduction of 61% - 100% of labor force will be entitled to a monthly allowance of from 01 to 1.6 months of minimum wage per month.

- Retirement regime: Men aged full 60 years and women aged full 55 years with full 20 years of work are entitled to retirement entitlement. People participating in the resistance war against the French, who have 10 years on the battlefield, and do heavy and toxic jobs with working time of 20 years or more are entitled to a maximum reduction of 5 years of age at retirement (men aged 55 years; women aged 50). Subjects eligible for payroll reduction (under Decision 176 or 111) are also entitled to a maximum of 5 years of age. If the subjects who are reduced payroll are at the same time subject to the age reduction due to the above-mentioned professional characteristics, the maximum reduction period is 10 years of age (men aged 50 years and women aged 45 years).

The time to calculate the entitlement to social insurance benefits is the actual time of participation in social insurance. For public employees who have worked for a period of time before December 31, 1994, this period is also counted as the time to participate in social insurance to calculate the entitlement. In particular, the time to calculate the social insurance entitlement under Decree 43 / CP does not require continuous but the process of participation in social insurance payment may be interrupted, as long as the total number of working years and payment of social insurance is full 20 years as prescribed.

The salary calculated for social insurance benefits is the average salary paid to social insurance in the last 10 years for state employees. Laborers working in joint ventures with foreign countries shall calculate the average salary throughout the process of payment of social insurance.

The level of pension entitlement is calculated by 55% of the average salary for the full period of 20 years of payment of social insurance premium, from the 21st year to the 30th year, each year of payment of social insurance premium is added with 2%, maximum of not more than 75% of the average salary. Those who have over 30 years of social insurance participation, from the 31st year are entitled to a lump-sum benefit, not exceeding 3-month salary. Along with the correlation prescribed in Article 5 of Decree No. 27 / CP on May 23rd, 1993 of the Government; The retirement pensions for the subjects who are entitled to leave according to Decree 236 / HDBT shall be not more than 5% for holders of positions and the level of dedication.

In case of joining social insurance for a period of time but not old enough as prescribed, if for any reason, there is no income by salary or wages or they are unable to continue paying social insurance, when they reach the prescribed age, they are also entitled to a monthly pension or lump-sum allowance, depending on the number of years they have participated in social insurance. For one-time benefits: each year participating in social insurance is entitled to an average of 1 month's average salary, including cases of health impairment due to prolonged illness, which is concluded by the Medical Assessment Council labor from 61% or more.

Those who are enjoying the retirement regime, working capacity loss allowance, labor accident allowance, occupational disease and survivorship allowance before December 31, 1993 are covered by the state budget.

In addition to the monthly pension, the pensioner is also covered by the Social Insurance Fund.

- Death allowance: Including funeral allowances equal to 07 months of minimum wage; monthly survivorship allowance, for each person participating in social insurance, the allowance is from 01 to 04 interest rates, depending on the number of employees who are still living to nurture. 01 relative may enjoy the survivorship allowance regime of 02 fosterers who die in social insurance. If there is no monthly survivor allowance, the relatives of the participants of the social insurance body who die are entitled to a lump-sum benefit, each year of participation in the social insurance allowance is provided for ½ month's salary, maximum is equal to 12 months' salary; For pensioners, each year he / she has enjoyed pension minus 1 month of pension, at least the allowance is equivalent to 03 months of pension.

VSS