Vietnam: Can relatives of the deceased persons in Vietnam receive the entire remaining pension? What does the application for receiving survivorship allowances for relatives of the retired officials include?
Can relatives of the deceased persons in Vietnam receive the entire remaining pension?
According to the information provided by you, your father is eligible for the pension. However, your father is not eligible for the pension when he dies, the survivorship allowance regime shall be applied. To be specific:
(1) Funeral allowance: the monthly survivorship allowance shall be 10 times the statutory pay rate of the month when your father dies
According to the provisions of Article 66 of the Law on Social Insurance 2014 as follows:
- When the following persons die, the persons who take charge of their funeral are entitled to a lump-sum funeral allowance:
+ Employees defined in Clause 1, Article 2 of this Law who are paying social insurance premiums or employees who have their period of social insurance premium payment reserved and have paid social insurance premium payment for at least full 12 months;
+ Employees who die of a labor accident or an occupational disease or die during treatment due to a labor accident or an occupational disease;
+ Persons who are on pension or monthly labor accident or occupational disease allowance and have ceased working.
-The funeral allowance must equal 10 times the basic salary of the month when the persons defined in Clause 1 of this Article die.
- When the persons defined in Clause 1 of this Article are declared dead by the court, their relatives are entitled to the funeral allowance specified in Clause 2 of this Article.
(2) Monthly survivorship allowance:
According to the provisions of Article 67 of the Law on Social Insurance 2014 as follows:
- 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:
+ They have paid social insurance premiums for at least full 15 years but have not yet received a lump-sum social insurance allowance;
+ They are on pension;
+ They die of a labor accident or an occupational disease;
+ They are on a monthly labor accident or occupational disease allowance for their working capacity decrease of 61% or more.
- Relatives of the persons defined in Clause 1 of this Article who are entitled to a monthly survivorship allowance 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.
+ 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.
- 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 basic salary. 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.
- The time limit for requesting an assessment of working capacity decrease for enjoyment of a monthly survivorship allowance is specified as follows:
+ Within 4 months from the insured's death, his/her relative shall file a written request;
+ 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, your family will receive the funeral allowance from the social insurance agency, and the monthly survivorship allowance (after the death of your father, if your family only has your brother, you and your mother) will be divided into the following case:
+ If you and your brother are under 18 years old and your mother is 55 years old or older without personal income, the family will have 03 people receiving monthly survivorship allowances.
+ If you are 18 years old, and do not have a working capacity decline of 81% or more; your brother is under 18 years old; your mother is 55 years old or older without personal income, only your brother and your mother can receive monthly survivorship allowances.
+ If you and your brother are 18 years old and do not have a working capacity decline of 81% or more; Your mother is 55 years old or older without personal income, only your mother can receive monthly survivorship allowance.
What are the levels of monthly survivorship allowance in Vietnam?
According to the provisions of Article 68 of the Law on Social Insurance 2014 as follows:
- The monthly survivorship allowance for each relative must equal 50% of the basic salary, or 70% of the basic salary for relatives who have no direct foster care.
- 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.
- 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 father died while he/she is in the womb, the monthly survivorship allowance shall be paid from the month the child is born.
Pursuant to Clause 2, Article 3 of Decree 38/2019/ND-CP stipulating as follows:
2. From July 1, 2019, the statutory pay rate is VND 1,490,000 per month.
Thus, in case you are 18 years old and do not have a working capacity reduction of 81% or more, the levels of monthly survivorship allowance of your mother and your brother (if he is under 18 years old) shall be:
- Your brother receives a monthly survivorship allowance equal to 50% of the equivalent statutory pay rate: 745,000 VND/month
- Your mother receives a monthly survivorship allowance equal to 70% of the equivalent statutory pay rate: 1,043,000 VND / month until your brother turns 18 years old, she shall receive a monthly allowance equal to 50% of the statutory pay rate.
In case you are under 18 years old or have a working capacity reduction of 81% or more, you will receive a monthly survivorship allowance equal to 50% of the equivalent statutory pay rate: 745,000 VND / month, the allowance of your mother and brother shall be the above levels.
What does the application for receiving survivorship allowances in Vietnam include?
Pursuant to Article 6 of procedures for processing of applications for social insurance benefits and payment of social insurance and unemployment insurance benefits issued together with Decision 166/QD-BHXH 2019 stipulating the application for receiving survivorship allowances in Vietnam (amended by Clause 3, Section I of Official Dispatch 3194/BHXH-CSXH 2020) includes:
For relatives eligible for the survivorship allowance regime: The application prescribed in Clause 1, Article 111 of the Law on Social Insurance; Clause 1 Article 15 of Decree No. 143/2018/ND-CP; Article 6 of Decree No. 88/2020/ND-CP; Form No. 04C-HBKV (issued together with Circular No. 181/2016/TT-BQP for persons who have served in the military before January 1, 2007 in areas eligible for regional allowances for which the social insurance book does not show sufficient information as a basis for calculating regional allowances); Clause 4 Article 25 of Circular No. 59/2015/TT-BLDTBXH includes:
- In case a person who is paying social insurance or has social insurance payment period preserved dies, the application includes:
+ Social insurance book.
+ The copy of death certificate or death notice or extract of death certificate or the court's declaration of death.
+ The declaration form 09-HSB.
+ The original report on assessment of work capacity reduction of the dead person’s relative whose work capacity reduced by 81% or more severe (if the original report has been submitted for other type of social insurance benefits, the copy thereof may be used), or the copy of certificate of extremely severe physical disability (equivalent to the work capacity reduction level of 81% or more severe) as regulated in Circular No. 01/2019/TT-BLDTBXH in case of application for monthly survivor benefit.
+ The record of occupational accident investigation or the medical record for treatment of occupational disease if a person died from occupational accident or occupational disease.
+ Invoices/payment receipts and list of medically assessed contents given by the health facility in case of payment of medical assessment charges.
+ The Statement Form No. 04C-HBKV (promulgated together with the Circular No. 181/2016/TT-BQP) of the person who served in the army before January 01, 2007 in an area where region-base benefit is granted.
- In case a person who is receiving or is suspended from monthly pension or social insurance benefit dies, the application includes: The documents prescribed in a2, a3, a4, a6 of this paragraph.
So, your family must prepare the above-mentioned documents and submits them to the agency where your father previously worked, the agency will be responsible for submitting the application for receiving survivorship allowances to the Social Insurance Agency for settlement.
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