If I lose my social insurance book, can I get a pension in Vietnam? Can a social insurance book which is lost be re-issued?
If I lose my social insurance book, can I get a pension?
Article 108 of the 2014 Law on Social Insurance of Vietnam stipulates that the dossier for pension enjoyment is as follows:
Dossier for pension enjoyment
1. A dossier for pension enjoyment for employees covered by compulsory social insurance must comprise:
a/ The social insurance book;
b/ The decision permitting an employee to stop working under the retirement benefits or the document terminating a labor contract with an employee for enjoying the retirement benefits;
c/ The written record of assessment of the working capacity decrease, made by the Medical Assessment Council, for employees who retire under Article 55 of this Law, or the certificate of health insuranceV/AIDS infection due to occupational risks, for the employees defined in Article 54 of this Law.
2. A dossier for pension enjoyment for employees covered by voluntary social insurance or employees having their period of social insurance premium payment reserved, including those who are serving imprisonment sentences, must comprise:
a/ The social insurance book;
b/ The application for pension enjoyment;
c/ The written authorization for carrying out procedures for settlement of the retirement benefits and enjoyment of pension, for those who are serving imprisonment sentences;
d/ A competent state agency’s document permitting an illegal emigrant to legally repatriate and settle in the country;
dd/ The court’s legally effective decision annulling the decision on declaration to be missing, for missing people who reappear.
Thus, according to the above provisions, the social insurance book is one of the components that must be included in the dossier for pension enjoyment, so when the social insurance book is lost, the employee will not be able to carry out the procedures for receiving a pension.
If I lose my social insurance book, can I get a pension in Vietnam? Can a social insurance book which is lost be re-issued? (Image from the Internet)
Can a social insurance book which is lost be re-issued?
In Article 27 of Decision 595/QD-BHXH in 2017 as amended by Clause 31, Article 1 of Decision 505/QD-BHXH in 2020, there is a provision on reissuance of social insurance books due to loss, damage, or combination of social insurance books as follows:
Reissuance, replacement of social insurance books and health insurance cards and adjustments to contents thereof
1. Reissuing social insurance books due to loss, damage or combination
1.1. An application package is composed of:
a) In case of application for reissuance of social insurance books due to loss or damage: Declaration form for social insurance, health insurance participation or adjustment of social insurance or health insurance information (Form No. TK1-TS).
b) Combination of social insurance books:
- Declaration form for social insurance, health insurance participation or adjustment of social insurance or health insurance information (Form No. TK1-TS).
- Social insurance books of which combination is demanded (if any).
1.2. Quantity of application: 01 set.
…
Article 29 of Decision 595/QD-BHXH in 2017 provides for the issuance of social insurance books as follows:
Issuance of social insurance books
1. If a participant in compulsory or voluntary social insurance submits an application for a social insurance book, his/her application shall be processed within 5 days from the day on which it is received in accordance with regulations of law.
2. In case of application for reissuance of social insurance books due to changes in family names, names, middle names; date of birth; gender, ethnic group, nationality or due to loss or damage; application for adding payment period but not required to pay social insurance contributions or consolidation of social insurances, the application shall be processed within 10 days from the day on which it is received in accordance with regulations of law. If the verification of payment process of social insurance in other provinces or multiple employers which the employee working for, the period of application processing shall not exceed 45 days and a written notification shall be sent to the employee.
3. In case of application for adjustment to contents of a social insurance book, the application shall be processed within 5 days from the day on which it is received in accordance with regulations of law.
4. In case of application for confirmation of a social insurance book, the application shall be processed within 5 days from the day on which it is received in accordance with regulations of law.
Thus, when losing the social insurance book, the employee will be re-issued the lost social insurance book within 10 days from the date of receiving the complete dossier as prescribed above.
If I lose my social insurance book, am I entitled to lump sum social insurance allowance in Vietnam?
Article 109 of the 2014 Law on Social Insurance of Vietnam stipulates that the dossier for enjoyment of lump sum social insurance allowance is as follows:
Dossier for enjoyment of lump sum social insurance allowance in Vietnam
1. The social insurance book.
2. The employee’s application for enjoyment of lump-sum social insurance allowance.
3. For persons who settle abroad, a copy of the competent agency’s written certification of renunciation of Vietnamese nationality, or a certified or notarized Vietnamese translation of one of the following papers:
a/ Passport issued by a foreign country;
b/ Visa issued by a competent foreign agency, certifying such country’s permission for entry for overseas residence;
c/ Paper certifying such person is carrying out procedures for naturalization in a foreign country; paper certifying residence or permanent residence card or residence card of a term of 5 years or more, issued by a competent foreign agency.
4. Extract of the medical record, in the case specified at Point c, Clause 1, Article 60, or Point c, Clause 1, Article 77, of this Law.
5. For employees defined in Article 65, and Clause 5, Article 77, of this Law, a dossier for enjoyment of lump-sum social insurance allowance must comply with Clauses 2 and 3 of this Article.
Thus, employees who lose their social insurance books will not be entitled to lump-sum social insurance because the social insurance book is one of the components that must be included in the dossier for lump-sum social insurance allowance.
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