Under what cases are employees entitled to lump sum social insurance allowance in Vietnam? What is the dossier for enjoyment of lump-sum social insurance allowance?
4 cases where employees are entitled to lump sum social insurance?
Article 60 of the 2014 Law on Social Insurance of Vietnam provides for lump sum social insurance as follows:
Lump-sum social insurance allowance
1. Employees defined in Clause 1, Article 2 of this Law are entitled to a lump-sum social insurance allowance upon their request when falling in one of the following cases:
a/ They have reached the retirement age specified in Clause 1, 2 or 4, Article 54 of this Law but have paid social insurance premiums for under full 20 years, or the age specified in Clause 3, Article 54 of this Law but have paid social insurance premiums for under full 15 years and do not continue paying voluntary social insurance premiums;
b/ They settle abroad;
c/ They get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health;
d/ Employees defined at Points dd and e, Clause 1, Article 2 of this Law who are demobilized or cease working without being eligible for pension.
2. The lump-sum social insurance allowance shall be calculated based on the number of years of social insurance premium payment; for each year of payment it must equal:
a/ 1.5 times the average monthly salary on which social insurance premiums are based, for the years of payment prior to 2014;
b/ 2 times the average monthly salary on which social insurance premiums are based for the years of payment since 2014;
c/ For a period of social insurance premium payment of under 1 year, the social insurance allowance must equal the paid premium amount but not exceed 2 times the average monthly salary on which social insurance premiums are based.
3. The lump-sum social insurance allowance specified in Clause 2 of this Article is exclusive of the State’s monetary support for payment of voluntary social insurance premiums, except the case specified at Point c, Clause 1 of this Article.
4. The time for enjoying the lump-sum social insurance allowance is the time stated in decisions of social insurance agencies.
Thus, there are 4 cases where employees are entitled to lump sum social insurance:
- They have reached the retirement age but have paid social insurance premiums for under full 20 years;
- They settle abroad;
- They get a fatal disease;
- Employees who are demobilized or cease working without being eligible for pension.
Under what cases are employees entitled to lump sum social insurance allowance in Vietnam? What is the dossier for enjoyment of lump-sum social insurance allowance? (Image from the Internet)
What is the dossier for enjoyment of lump sum social insurance allowance in Vietnam?
Article 109 of the 2014 Law on Social Insurance of Vietnam stipulating that the dossier for enjoyment of lump sum social insurance allowance includes the following documents:
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.
Order and procedures for enjoying pension or lump sum social insurance allowance in Vietnam?
Article 110 of the 2014 Law on Social Insurance in Vietnam provides for the settlement of lump sum pension and social insurance allowance as follows:
Settlement of pension or lump sum social insurance allowance in Vietnam
1. Within 30 days by the time an employee enjoys pension, the employer shall submit a dossier specified in Clause 1, Article 108 of this Law to the social insurance agency.
2. Within 30 days by the time an employee enjoys pension, employees having their period of social insurance premium payment reserved or employees covered by voluntary social insurance shall submit a dossier specified in Clause 2, Article 108 of this Law to the social insurance agency.
3. Within 30 days by the time an employee becomes eligible and requests payment of lump-sum social insurance allowance, he/she shall submit a dossier specified in Article 109 of this Law to the social insurance agency.
4. Within 20 days after receiving a complete and valid dossier, for to-be- pensioners, or within 10 days after receiving a complete and valid dossier, for persons to enjoy a lump-sum social insurance allowance, the social insurance agency shall settle the enjoyment of pension or lump-sum allowance and make payment to employees; or issue a written reply clearly stating the reason for its refusal to settle such enjoyment.
Thus, the settlement of the social insurance allowance will be carried out according to the order and procedures as prescribed above.
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