How long does it take to settle the survivorship allowance benefits in case the employee has not fully paid the social insurance premiums in Vietnam?
- What is the guidance on settlement of receiving lump-sum survivorship allowance in case the employee has not fully paid social insurance premiums?
- What is the dossier for enjoyment of survivorship allowance in case the employee has not fully paid social insurance premiums?
- How long does it take to settle the survivorship allowance benefits in case the employee has not fully paid the social insurance premiums in Vietnam?
What is the guidance on settlement of receiving lump-sum survivorship allowance in case the employee has not fully paid social insurance premiums?
On June 21, 2023, Vietnam Social Security issued Official Dispatch No. 1880/BHXH-CSXH in 2023 to guide the implementation of social insurance benefits for employees at units that have not fully paid social insurance premiums.
According to that, at Point 3.3, Clause 3, Section III of Official Dispatch No. 1880/BHXH-CSXH in 2023 guiding the settlement of lump-sum survivorship allowance in the following cases:
- The employee has not had enough 15 years of paying compulsory social insurance according to the provisions of Clause 1, Article 69 of the 2014 Law on Social Insurance in Vietnam (including the time of not having paid the social insurance premiums).
- Employees who have actually paid compulsory social insurance premiums for 15 years or more (excluding the time when social insurance premiums have not been paid) and their relatives who are eligible for monthly survivorship allowance wish to enjoy a lump-sum survivorship allowance as prescribed in Clause 3, Article 69 of the 2014 Law on Social Insurance in Vietnam.
- Employees who have paid compulsory social insurance premiums for full 15 years or more (including the time when social insurance premiums have not been paid) and their relatives who are eligible for the monthly survivorship allowance wish to receive a lump-sum survivorship allowance as prescribed in Clause 3 Article 69 of the 2014 Law on Social Insurance in Vietnam.
- Employees who have paid compulsory social insurance premiums for 15 years or more (including the time they have not paid social insurance premiums) and have no relatives eligible for monthly survivorship allowance as prescribed in Clause 2, Article 67 of the 2014 Law on Social Insurance in Vietnam.
- Employees who have paid compulsory social insurance for full 15 years or more (excluding the time when social insurance premiums have not been paid) and have no relatives eligible for monthly survivorship allowance as prescribed in Clause 2, Article 67 of the 2014 Law on Social Insurance in Vietnam.
When the unpaid social insurance premium is compensated by the unit or another financial source, the additional lump-sum survivorship allowance shall be handled similarly to the case of lump-sum social insurance benefits mentioned in Paragraph dd, Point 2.2, Clause 2 of Official Dispatch No. 1880/BHXH-CSXH in 2023.
How long does it take to settle the survivorship allowance benefits in case the employee has not fully paid the social insurance premiums in Vietnam?(Image from the Internet)
What is the dossier for enjoyment of survivorship allowance in case the employee has not fully paid social insurance premiums?
At Point 4.3, Clause 4, Section III of Official Dispatch No. 1880/BHXH-CSXH in 2023, guiding the dossier for the survivorship allowance in case the employee has not fully paid social insurance, including the following procedures:
- Dossier and procedures for settlement of survivorship allowance in case the employee has not fully paid social insurance premiums shall be the same as for those who reserve their time to participate in social insurance.
- According to that, based on Clause 1, Article 111 of the 2014 Law on Social Insurance in Vietnam stipulating the dossiers for enjoyment of the survivorship regime for people currently paying social insurance premiums and those who reserve the time of social insurance payment as follows:
Dossier for enjoyment of the survivorship allowance benefits in Vietnam
1. For persons paying social insurance premiums or persons having their period of social insurance premium payment reserved, a dossier for enjoyment of the survivorship allowance benefits must comprise:
a/ The social insurance book;
b/ A copy of the death certificate or death notice or a copy of the court's legally effective decision on the death declaration;
c/ The dead person’s relatives’ declaration and the minutes of their meeting, for those eligible for monthly allowance but choosing a lump-sum allowance;
d/ The investigation record of the occupational accident; for persons getting a traffic accident identified as a occupational accident, a record of the traffic accident or a record of the scene examination and the accident scene plan as specified in Clause 2, Article 104 of this Law are required; or a copy of the medical record of occupational disease treatment, for persons who die of an occupational disease;
dd/ A written record of assessment of the working capacity decrease, for relatives who suffer a working capacity decrease of 81% or more.
According to the above provisions, the dossier for settlement of survivorship allowance in case the employee has not fully paid social insurance premiums needs to be prepared, including:
- The social insurance book;
- A copy of the death certificate or death notice or a copy of the court's legally effective decision on the death declaration;
- The dead person’s relatives’ declaration and the minutes of their meeting, for those eligible for monthly allowance but choosing a lump-sum allowance;
- The investigation record of the occupational accident; for persons getting a traffic accident identified as a occupational accident, a record of the traffic accident or a record of the scene examination and the accident scene plan as specified in Clause 2, Article 104 of the 2014 Law on Social Insurance in Vietnam are required; or a copy of the medical record of occupational disease treatment, for persons who die of an occupational disease;
- A written record of assessment of the working capacity decrease, for relatives who suffer a working capacity decrease of 81% or more.
How long does it take to settle the survivorship allowance benefits in case the employee has not fully paid the social insurance premiums in Vietnam?
The time for settlement of survivorship allowance in case the employee has not fully paid social insurance premiums is specified in Clause 1, Article 112 of the 2014 Law on Social Insurance in Vietnam:
Settlement of the survivorship allowance benefits in Vietnam
1. Within 90 days after the death of a person having his/her period of social insurance premium payment reserved, a person covered by voluntary social insurance or a person on pension or monthly occupational accident or occupational disease allowance, his/her relative shall submit the dossier specified in Article 111 of this Law to the social insurance agency.
Within 90 days after the death of a person currently paying compulsory social insurance premiums, his/her relative shall submit the dossier specified in Clause 1, Article 111 of this Law to the employer.
2. Within 30 days after receiving a complete dossier from the employee’s relative, the employer shall submit the dossier specified in Clause 1, Article 111 of this Law to the social insurance agency.
3. Within 15 days after receiving a complete dossier, the social insurance agency shall settle the survivorship allowance benefits and make payment to the employee’s relative; or issue a written reply stating the reason for its refusal to settle the benefits.
Thus, within 90 days after the death of a person currently paying compulsory social insurance premiums, his/her relative shall submit the dossier specified in Clause 1, Article 111 of the 2014 Law on Social Insurance in Vietnam to the employer.
- Within 30 days after receiving a complete dossier from the employee’s relative, the employer shall submit the dossier to the social insurance agency.
- Within 15 days after receiving a complete dossier, the social insurance agency shall settle the survivorship allowance benefits and make payment to the employee’s relative; or issue a written reply stating the reason for its refusal to settle the benefits.
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