Questions and answers about social insurance

(Baonghean) - * Ms. Ho Thi Tuyet (born in 1957), former Principal of Tan Son Kindergarten, joined the industry in 1976, became principal in 1976 continuously until December 2012 and had a seniority of 34 years and 3 months. Ms. Nguyen Thi Xuan (born in 1957), former Principal of Quynh Ngoc Kindergarten, Quynh Luu, joined the industry in 1975, was promoted to principal from 1976 to 2012, seniority of the industry is calculated as 35 years and 3 months, asked: We both have Establishment Decision No. 2181/TCCB-QD dated November 16, 1985 issued by the Organization Committee of Nghe Tinh Provincial Government. We have decided to retire, Quynh Luu district Social Insurance and Nghe An province Social Insurance calculated the benefits for the two of us as 27 years and 1 month and seniority in the industry is also calculated as 27 years and 1 month, is that correct?

Regarding the content of the two women's question, in discussion with the Social Insurance agency of Nghe An province, it is known that: According to Decision No. 133/HDBT dated August 17, 1982 of the Council of Ministers on a number of preferential regimes for teachers and teaching staff. Section 6 clearly states "Principals of kindergartens in rural areas who meet the standards and have been trained are recruited into the state payroll".

In order to implement the regime for employees in accordance with the provisions of the Law on Social Insurance, the Director of Nghe An Social Insurance also issued Official Dispatch No. 1165/BHXH-PT on handling errors in the Social Insurance book. Accordingly, the Social Insurance directors of districts, cities and towns are required to implement a number of contents. In which the third content clearly states: "The Social Insurance book has been issued to kindergarten teachers in rural areas, calculating the tenure from the date of joining the industry according to the Decision of the Organization Committee of the Government of Nghe Tinh province (1985), the District Social Insurance guides employees to provide documents related to the working process before 1995, transferred to Nghe An Social Insurance to readjust the working time to calculate the Social Insurance from the date of becoming the principal of a kindergarten in rural areas according to Decision No. 133/HDBT dated August 17, 1982 of the Chairman of the Council of Ministers on recruiting kindergarten principals in rural areas into the State payroll".

These women are preschool teachers in rural areas recruited into the State payroll according to the Decision of the Nghe Tinh Provincial Government Organization Committee. Therefore, their time to enjoy social insurance benefits is calculated from the date of appointment to the position of principal. And in fact, according to the records kept at the provincial Social Insurance, the two women were appointed as principals in November 1985, not 1976. Therefore, the calculation method as of Quynh Luu District Social Insurance and Nghe An Provincial Social Insurance is correct.

* Ms. Nguyen Thi Huong, residing in Block 8, Ben Thuy Ward, Vinh City, asked: We are workers of Hoang Thi Loan Textile Joint Stock Company, who were arranged by the company to live in a dormitory from the year 2000 onwards. In 2006, the company sold the dormitory at a discounted price. Since then, we have renovated our houses to stabilize our lives. Now the city has a policy to renovate old dormitories. In our case, will we be given land? What conditions are required?

Answer: Regarding the above issue, after working with the Vinh City People's Committee, I would like to answer: According to Decision No. 109/2007/QQD - UBND dated September 21, 2007 of the Nghe An Provincial People's Committee on approving the project to resolve old collective housing in Vinh City, all old collective housing areas in Vinh City formed before 2005 will be eliminated. Along with that, households will be considered for new land allocation. For old collective housing areas that were sold at a discounted price before July 1, 2004, they will be considered for allocation to households that have purchased houses and are living on that land, and at the same time, households must meet the following conditions:

Being a Vietnamese citizen with full civil capacity; having purchased a collective house (purchased from an agency, organization or received a transfer from another person); currently living in a collective area; having a permanent residence registration in the locality where the collective area is located; documents on liquidation and valuation of housing attached to residential land of agencies and organizations; having documents proving that financial obligations to the State have been fulfilled; having been confirmed by the People's Committee of the ward or commune that the land used is not in dispute; the land has not had a decision to be recovered by competent state agencies.

Land allocation can be on-site if the area is suitable for planning, or land allocation for resettlement in a new location if the area is not suitable for residential land use planning. Particularly for households who bought houses at a discount after July 1, 2004 (since the 2003 Land Law took effect), if they meet all conditions, they will also be allocated land but will not enjoy preferential land area according to the existing house area, but must pay the entire land use area according to current regulations.

Quang An - My Ha