If an employee has registered to receive lump-sum social insurance but finds a job, will the social insurance agency in Vietnam payout the allowance?
- If an employee has registered to receive lump-sum social insurance but finds a job, will the social insurance agency in Vietnam payout the allowance?
- How much is the employee's lump-sum social insurance allowance in Vietnam?
- What are the procedures for receiving lump-sum social insurance in Vietnam?
If an employee has registered to receive lump-sum social insurance but finds a job, will the social insurance agency in Vietnam payout the allowance?
Pursuant to Point b, Clause 1, Article 8 of Decree 115/2015/ND-CP stipulates as follows:
Lump-sum social insurance payout
1. Each employee defined in Clause 1 and Clause 2 Article 2 of this Decree is entitled to a lump-sum social insurance payout upon request if they fall in any of the following cases:
a) He/she reaches the statutory retirement age specified Clauses 1, 2 and 4 Article 54 of the Law on Social insurance but has paid social insurance for under 20 years or he/she reaches the statutory retirement age specified Clause 3 Article 54 of the Law on Social insurance but has paid social insurance for under 15 years and does not continue paying voluntary social insurance;
b) He/she has not paid social insurance for under 20 years and does not continue paying social insurance after 1-year work ceasing.
c) He/she settles abroad;
d) He/she suffers a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health;
2. The lump-sum social insurance payout shall be calculated based on the number of years of social insurance payment; for each year of payment they are entitled to:
a) 1.5-month average monthly salary as the basis for social insurance payment, for the years of payment prior to 2014;
b) 2-month average monthly salary as the basis for social insurance payment, for the years of payment since 2014;
c) In case the period of social insurance payment (hereinafter referred to as payment period) is under 1 year, the social insurance benefit must equal the paid amount but must not exceed 2-month average monthly salary as the basis for social insurance payment.
3. The lump-sum social insurance payout prescribed in Clause 2 of this Article is exclusive of the State’s monetary support for payment of voluntary social insurance, except the case specified at Point d, Clause 1 of this Article.
4. The time for claiming the lump-sum payout is the time stated in decisions of social security agencies.
5. The claim for lump-sum social insurance payout shall be prescribed in Article 109 and Clauses 3 and 4 Article 110 of the Law on Social insurance.
Thus, according to the above provisions, if the employee has already registered to receive lump-sum social insurance but finds a job, the social insurance agency may accept the social insurance regime when the employee does not continue to participate in social insurance.
Download the latest lump-sum social insurance application form 2023: Here
If an employee has registered to receive lump-sum social insurance but finds a job, will the social insurance agency in Vietnam payout the allowance? (Image from the Internet)
How much is the employee's lump-sum social insurance allowance in Vietnam?
Pursuant to Clauses 2 and 3, Article 19 of Circular 59/2015/TT-BLDTBXH as follows:
Lump-sum social insurance
1. The lump-sum social insurance is done under the provisions in Article 60 of the Law on social insurance, the Resolution No. 93/2015/QH13 dated 22/06/2015 of the National Assembly on implementing the policy on entitlement to lump-sum social insurance for the employees and Article 8 of Decree No. 115/2015/ND-CP.
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2. The rate of entitlement to lump-sum social insurance of the employees having the time of social insurance payment of under 01 year is equal to 22% of the rates of monthly salary of social insurance payment, the maximum rate is equal to 02 months of the average monthly salary of social insurance payment.
3. The rate of entitlement to lump-sum social insurance for the employees who have both time of voluntary social insurance and time of compulsory social insurance payment excluding the amount of money financed by the State to pay the voluntary social insurance of each period, except for the case specified under Point d, Clause 1, Article 8 of Decree No. 115/2015/ND-CP . The calculation of lump-sum social insurance is done as the employees are not financed by the state for social insurance payment, then minus the amount financed by the state for compulsory social insurance payment.
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4. When calculating the rate of entitlement to lump-sum social insurance in case the time of social insurance payment has the odd months, then from 01 to 06 months is calculated as a half year; from 07 to 11 months is calculated as 01 year.
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5. The time to calculate the entitlement to lump-sum social insurance is the time specified in decision of the social insurance body. The adjustment of salary paid for social insurance to calculate the entitlement to lump-sum social insurance is based on the time specified in the decision of the social insurance body.
Thus, according to the above regulations, the employee's lump-sum social insurance allowance is as follows:
- The rate of entitlement to lump-sum social insurance of the employees having the time of social insurance payment of under 01 year is equal to 22% of the rates of monthly salary of social insurance payment, the maximum rate is equal to 02 months of the average monthly salary of social insurance payment.
- The rate of entitlement to lump-sum social insurance for the employees who have both time of voluntary social insurance and time of compulsory social insurance payment excluding the amount of money financed by the State to pay the voluntary social insurance of each period, except for the case specified under Point d, Clause 1, Article 8 of Decree No. 115/2015/ND-CP.
The calculation of lump-sum social insurance is done as the employees are not financed by the state for social insurance payment, then minus the amount financed by the state for compulsory social insurance payment.
What are the procedures for receiving lump-sum social insurance in Vietnam?
Pursuant to the 9th real number, Part B, Procedures promulgated together with Decision 222/QD-BHXH in 2021 stipulates the order of settlement for receiving lump-sum social insurance as follows:
Step 1: Employees make dossiers according to regulations and submit to the insurance agency of the place of residence.
Step 2: The social insurance agency receives the dossier and settles it according to regulations.
Step 3: Employees receive settlement results, including:
- Decide on lump-sum social insurance enjoyment.
- A copy of the social insurance payment process.
- Subsidy.
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