Implementation instructions on compulsory social insurance for military and police personnel

(Baonghean) - On May 10, 2016, Prime Minister Nguyen Xuan Phuc signed and issued Decree 33/2016/ND-CP detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance for military personnel, public security officers and people working in key positions receiving salaries similar to those of military personnel, which has just been issued by the Government.

Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance for military personnel, people's police and people working in key positions receiving salaries as military personnel.

About the applicable subjects:The Decree stipulates that it applies to: Employees who are entitled to receive salaries participating in compulsory social insurance, including: Officers and professional soldiers of the People's Army; Officers, professional non-commissioned officers and officers, technical non-commissioned officers of the People's Public Security; People doing secret work receiving salaries as soldiers (hereinafter referred to as people doing secret work).

The current military service age for soldiers is only up to 50 years old. (illustrative photo)

Employees who are entitled to military rank allowance or living allowance participating in compulsory social insurance as prescribed in Point e, Clause 1, Article 2 of the Law on Social Insurance, including: Non-commissioned officers and soldiers of the People's Army; Non-commissioned officers and soldiers on duty in the People's Public Security; People's Public Security students currently studying are entitled to living allowance; Cryptography students currently studying are entitled to living allowance.

Persons enjoying the spouse or husband regime at Vietnamese representative agencies abroad as prescribed in Clause 4, Article 123 of the Law on Social Insurance.

Employees specified in Clause 1 and Clause 2, Article 2 of this Decree, during the time of studying, practicing, working, researching, or receiving medical treatment abroad, but still receiving salary or military rank allowance or living expenses in the country and paying social insurance according to regulations, shall enjoy the social insurance regimes specified in this Decree.

District social insurance officers receive people and implement policies for people.

Employers participating in compulsory social insurance as prescribed in Clause 3, Article 2 of the Law on Social Insurance include: Agencies and units under the Ministry of National Defense and the Ministry of Public Security; Agencies and organizations employing people in key positions; Enterprises and public service units under the Ministry of National Defense and the Ministry of Public Security.

Regarding compulsory social insurance regimes:The Decree stipulates compulsory social insurance regimes in Clause 1, Article 4 of the Law on Social Insurance, including: Sickness; maternity; work accidents, occupational diseases; retirement and death.

In which, Employees who are entitled to receive salary and participate in compulsory social insurance include: Officers and professional soldiers of the People's Army; Officers, professional non-commissioned officers and officers, technical non-commissioned officers of the People's Public Security; People working in key positions are entitled to all 5 compulsory social insurance regimes.

Employees who are entitled to military rank allowance or living allowance participating in compulsory social insurance are entitled to occupational accident and disease benefits; retirement and death benefits.

Persons receiving spouse or husband benefits at Vietnamese representative agencies abroad as prescribed in Clause 4, Article 123 of the Law on Social Insurance shall be entitled to retirement and death benefits.

Regarding the state management of social insurance in the Ministry of National Defense and the Ministry of Public Security according to the provisions of Articles 7 and 8 of the Law on Social Insurance:The Ministry of National Defense and the Ministry of Public Security shall perform state management of social insurance. The Ministry of National Defense and the Ministry of Public Security shall have the following tasks and powers: To preside over and coordinate with the Ministry of Labor, War Invalids and Social Affairs and relevant ministries and branches in researching and developing and submitting to the Government and the Prime Minister for promulgation or promulgating under their authority legal documents on social insurance for military personnel, public security officers and people working in key positions; To organize the implementation of social insurance policies and laws in the Ministry of National Defense and the Ministry of Public Security; To carry out statistics, information, propaganda and dissemination of social insurance policies and laws in the Ministry of National Defense and the Ministry of Public Security; To organize the apparatus for implementing social insurance; to train and coach human resources working in social insurance in the Ministry of National Defense and the Ministry of Public Security; To manage social insurance collection and expenditure in the Ministry of National Defense and the Ministry of Public Security; To inspect and examine the implementation of social insurance laws; to resolve complaints and denunciations and handle violations of social insurance laws within their authority.

(illustrative photo)

The Decree takes effect from June 26, 2016. The regimes and policies prescribed in this Decree shall be implemented from January 1, 2016. The Decree stipulates that the Minister of National Defense shall preside over and coordinate with the Minister of Public Security and the Minister of Labor, War Invalids and Social Affairs to guide the implementation; Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairmen of People's Committees of provinces and centrally run cities shall be responsible for implementing this Decree./.

Thanh Thuy

(synthetic)