Who is eligible for monthly survivorship allowance when the beneficiary dies? How much is the monthly survivorship allowance in Vietnam?
Who is eligible for monthly survivorship allowance when the beneficiary dies?
Pursuant to Article 67 of the 2014 Law on Social Insurance in Vietnam stipulating as follows:
Cases eligible for monthly survivorship allowance
1. When the persons defined in Clauses 1 and 3, Article 66 of this Law, who fall in one of the following cases, die, their relatives are entitled to a monthly survivorship allowance:
a/ They have paid social insurance premiums for at least full 15 years but have not yet received a lump-sum social insurance allowance;
b/ They are on pension;
c/ They die of a occupational accident or an occupational disease;
d/ They are on monthly occupational accident or occupational disease allowance for their working capacity decrease of 61% or more.
2. Relatives of the persons defined in Clause 1 of this Article who are entitled to a monthly survivorship allowance include:
a/ Children aged under 18 years; children aged full 18 years or older who suffer a working capacity decrease of 81% or more; or children whose father died while they are in the womb.
b/ Wives aged full 55 years or older or husbands aged full 60 years or older; wives aged under 55 years or husbands aged under 60 years who suffer a working capacity decrease of 81% or more;
c/ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are full 60 years or older, for men, or full 55 years or older, for women;
d/ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are under 60 years old, for men, or under 55 years old, for women, and suffer a working capacity decrease of 81% or more.
3. To enjoy a monthly survivorship allowance, relatives defined at Points b, c and d, Clause 2 of this Article must have no income or have monthly income lower than the statutory pay rate. Incomes referred to in this Law are exclusive of allowances provided under the law on preferential treatment for people with meritorious services to the country.
Thus, the subjects who are entitled to a monthly survivorship allowance when the social insurance beneficiary dies include:
- Children aged under 18 years; children aged full 18 years or older who suffer a working capacity decrease of 81% or more; or children whose father died while they are in the womb.
- Relatives must have no income or have monthly income lower than the statutory pay rate:
+ Wives aged full 55 years or older or husbands aged full 60 years or older; wives aged under 55 years or husbands aged under 60 years who suffer a working capacity decrease of 81% or more;
+ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are full 60 years or older, for men, or full 55 years or older, for women;
+ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are under 60 years old, for men, or under 55 years old, for women, and suffer a working capacity decrease of 81% or more.
Note: Incomes referred to in this Law are exclusive of allowances provided under the law on preferential treatment for people with meritorious services to the country.
Who is eligible for monthly survivorship allowance when the beneficiary dies? How much is the monthly survivorship allowance in Vietnam?
What is the time limit for requesting an assessment of working capacity decrease for enjoyment of a monthly survivorship allowance?
Pursuant to Clause 4, Article 67 of the 2014 Law on Social Insurance in Vietnam as follows:
Cases eligible for monthly survivorship allowance
…
4. The time limit for requesting an assessment of working capacity decrease for enjoyment of a monthly survivorship allowance is specified as follows:
a/ Within 4 months from the insured's death, his/her relative shall file a written request;
b/ Within 4 months before or after the expiration of the time limit for the relative defined at Point a, Clause 2 of this Article to enjoy allowance under regulations, he/she shall file a written request.
Thus, within 4 months from the insured's death, his/her relative shall file a written request for an assessment of working capacity decrease for enjoyment of a monthly survivorship allowance.
Within 4 months before or after the expiration of the time limit for the relative specified as above to enjoy allowance under regulations, he/she shall file a written request.
How much is the monthly survivorship allowance in Vietnam?
Pursuant to Article 68 of the 2014 Law on Social Insurance in Vietnam stipulating as follows:
Levels of monthly survivorship allowance
1. The monthly survivorship allowance for each relative must equal 50% of the statutory pay rate, or 70% of the statutory pay rate for relatives who have no direct fosterer.
2. For a dead person defined in Clause 1, Article 67 of this Law, the number of relatives entitled to monthly survivorship allowance must not exceed 4; for 2 or more dead persons, their relatives are entitled to 2 times the allowance level specified in Clause 1 of this Article.
3. The time for enjoying monthly survivorship allowance must start from the month following the month the person defined in Clause 1 or 3, Article 66 of this Law dies. For a child whose the father died while he/she is in the womb, the monthly survivorship allowance shall be paid from the month the child is born.
According to the above regulations, the monthly survivorship allowance for each relative must equal 50% of the statutory pay rate, or 70% of the statutory pay rate for relatives who have no direct fosterer.
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