Vietnam: What is the death benefit level for militia and self-defense officers who fail to pay social insurance premiums? How long does it take to settle death benefits for militia and self-defense officers who fail to pay social insurance premiums?

Main Content

• What is the death benefit level for militia and self-defense officers who fail to pay social insurance premiums?
• What does the application for enjoying death benefits for militia and self-defense officers who fail to pay social insurance premiums in Vietnam include?
• How long does it take to settle death benefits for militia and self-defense officers who fail to pay social insurance premiums in Vietnam?

What is the death benefit level for militia and self-defense officers who fail to pay social insurance premiums?

Pursuant to the provisions of Point b, Clause 1, Article 35 of the Law on Militia Self-Defense 2019, Clause 1, Article 15 of Decree 72/2020/ND-CP and Subsection k, Section 1, Part II of Administrative procedures promulgated together with Decision 2910/QD-BQP in 2020 as follows:

Militia and self-defense officers who fail to pay social insurance premiums are entitled to death benefits in the following cases:

- Perform tasks assigned by competent authorities;

- Be on the route to and from the place of residence to the place of duty within a reasonable time and route.

- Militia and self-defense officers who fail to pay social insurance premiums are not entitled to death benefits in the following cases:

+ Deliberately destroy one's own health;

+ Accidents caused by one's own conflict with the person causing the accident that is not related to the performance of duties;

+ Accidents caused by the use of alcohol, beer, use of narcotics, drug precursors, or other addictive substances as prescribed by law.

- Suffer an illness that leads to death

Accordingly, the death benefit level is determined according to Clause 3 Article 15 of Decree 72/2020/ND-CP as follows:

Conditions, benefit level, order and procedures, and offices ensuring funding, regimes, and policies for militia and self-defense officers failing to pay social insurance premiums if they suffer an accident or die

...

3. Benefit Level

a/ In case of an accident: During the period of accident treatment, the accident is entitled as prescribed in Clause 2, Article 14 of this Decree, including cases where the wound recurs until discharge. If the accident impairs the working capacity by 5%, it is entitled to VND 7,450,000; after that, for every decrease of 1%, you will be entitled to an additional 745,000 VND;

b) In case of an accident resulting in death: Relatives are entitled to a death allowance equal to VND 53,640,000; funeral caregivers are entitled to receive funeral fees equal to VND 14,900,000;

c) In case of illness leading to death: Relatives are entitled to a death allowance equal to VND 7,450,000; The funeral attendant is entitled to receive a funeral fee equal to VND 14,900,000.

Thus, the death benefit level for militia and self-defense officers who fail to pay social insurance premiums is:

- In case of an accident resulting in death: Relatives are entitled to a death allowance equal to VND 53,640,000; funeral caregivers are entitled to receive funeral fees equal to VND 14,900,000;

- In case of illness leading to death: Relatives are entitled to a death allowance equal to VND 7,450,000; The funeral attendant is entitled to receive a funeral fee equal to VND 14,900,000.

What does the application for enjoying death benefits for militia and self-defense officers who fail to pay social insurance premiums in Vietnam include?

Based on the contents specified at Point b, Clause 5, Article 15 of Decree 72/2020/ND-CP, Subsection c, Section 2, Part II, Administrative procedures promulgated together with Decision 2910/QD-BQP in 2020, the application for enjoying death benefits for militia and self-defense officers who fail to pay social insurance premiums in Vietnam includes:

- Application form for enjoying death benefits;

- Discharge paper or copy of medical records after accident treatment for inpatient treatment,

- A copy of the death certificate or an extract of the death certificate;

- In case of a traffic accident resulting in death, there shall be an additional investigation report of the police authority or the criminal investigation agency under the Ministry of Defense.

The above application must be made into 01 set, relatives of militia and self-defense officers shall submit the application for enjoying death benefits at the local military office. Militia and self-defense officers of any level shall submit the application form to the local military office of that level in the following ways:

- In-person;

- By post;

- Though Internet.

How long does it take to settle death benefits for militia and self-defense officers who fail to pay social insurance premiums in Vietnam?

Pursuant to Subsection d Section 2 Part II of the Administrative Procedures promulgated together with Decision 2910/QD-BQP in 2020, the duration for settling death benefits for militia and self-defense officers who fail to pay social insurance premiums in Vietnam is 25 working days from the date of receipt of the valid application as prescribed.

Where:

- 10 working days for provincial-level local military offices or district- and commune-level local military offices. Commander of Hanoi Capital Command, Commander of Ho Chi Minh City Command, Commander of Provincial Military Command, Commander of District Military Command Board, Commander of Commune-level Military Command Board, Chairman of District-level People's Committee, Chairman of the commune-level People's Committee;

- 05 working days for Presidents of provincial People's Committees;

- 10 working days for commune-level People's Committees; where there are no commune-level administrative units paid for by the district-level military command.

For cases of ineligibility, invalid invoices or documents as prescribed, within 03 working days from the date of receipt of the application, the provincial-level local military office or the district-level or commune-level local military office must issue written instructions to the applicant for supplementation, and completion.