Vietnam: In case social insurance agencies have paid funeral allowance, will the relatives of the deceased person receive funeral support for people with meritorious services to the revolution?
- What is funeral allowance in Vietnam?
- Who is eligible for receiving funeral allowance in Vietnam?
- What is the funeral allowance level in Vietnam?
- In case social insurance agencies in Vietnam have paid funeral allowance, will the relatives of the deceased person receive funeral support for people with meritorious services to the revolution?
What is funeral allowance in Vietnam?
Funeral allowance is one of the types of support expenses for the deceased person who has the period of paying social insurance premiums under the survivorship benefits prescribed by law and his/her relatives. Accordingly, in the provisions of law, if a person paying social insurance premiums dies, the funeral attendant is entitled to receive a lump-sum funeral allowance.
Who is eligible for receiving funeral allowance in Vietnam?
Pursuant to the provisions of Article 80 of the Law on Social Insurance 2014 as follows:
Funeral allowance
1. When the following persons die, the persons who take charge of their funeral are entitled to a lump-sum funeral allowance:
a/ 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;
b/ Employees who die of a occupational accident or an occupational disease or die during treatment due to a occupational accident or an occupational disease;
c/ Persons who are on pension or monthly occupational accident or occupational disease allowance and have ceased working.
2. The funeral allowance must equal 10 times the statutory pay rate of the month when the persons defined in Clause 1 of this Article die.
3. 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.
Thus, the funeral attendant of the subjects in the cases specified in Clause 1, Article 80 of the Law on Social Insurance 2014 above will receive a funeral allowance.
What is the funeral allowance level in Vietnam?
Currently, the funeral allowance level in 2023 for employees participating in compulsory social insurance:
Pursuant to Clause 2, Article 80 of the Law on Social Insurance 2014, the funeral allowance must equal 10 times the statutory pay rate of the month in which the persons who are paying social insurance premiums die. Thus, the funeral allowance level in Vietnam is:
- Funeral allowance level from January 1, 2023 to June 30, 2023
+ Current statutory pay rate is 1,490,000 VND/month (according to Decree 38/2019/ND-CP)
+ Thus, the funeral allowance level from January 1, 2023 to June 30, 2023 is VND 14,900,000.
- Funeral allowance level from July 1, 2023
+ According to Decree 24/2023/ND-CP, the statutory pay rate will be 1,800,000 VND/month from July 1, 2023.
+ Thus, the funeral allowance level from July 1, 2023 is VND 18,000,000.
* The funeral allowance level in 2023 for employees participating in voluntary social insurance
In Clause 2, Article 80 of the Law on Social Insurance 2014, the funeral allowance must equal 10 times the statutory pay rate of the month in which the persons who are paying voluntary social insurance premiums die:
- The funeral allowance level from January 1, 2023 to June 30, 2023 is VND 14,900,000.
- The funeral allowance level from July 1, 2023 is VND 18,000,000.
In case social insurance agencies in Vietnam have paid funeral allowance, will the relatives of the deceased person receive funeral support for people with meritorious services to the revolution?
According to Article 6 of the Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution in 2020 as follows:
Principles of implementation of policies and preferential benefits for people with meritorious services to the revolution and their relatives
1. Taking care of the health, material and spiritual life of people with meritorious services to the revolution and their relatives shall be the responsibility of the State and society. The State encourages organizations and individuals to pay attention to, assist and implement policies and preferential regimes for people with meritorious contributions to the revolution.
2. Preferential benefits for people with meritorious services to the revolution and their relatives must be determined and adjusted in conformity with the country's socio-economic conditions in each period; ensure that the standard of living of persons who have contributed to the revolution is equal to or higher than the average of the community in which they reside.
3. People with meritorious services to the revolution belonging to many subjects shall be entitled to subsidies and allowances of many subjects; for servant allowances and preferential regimes specified in Clause 2, Article 5 of this Ordinance, only the highest level of a preferential regime shall be enjoyed.
4. If people with meritorious services to the revolution and their relatives specified in Clause 12, Article 16 and Clause 1, Article 31 of this Ordinance dies, the person or organization conducting the funeral is entitled to funeral allowances as prescribed by the law on social insurance; In case of multiple subjects, only one funeral allowance is allowed.
In case the subjects specified in this Clause are simultaneously beneficiaries of funeral allowances in accordance with the law on social insurance, they shall be entitled to funeral allowances in accordance with the law on social insurance; In case they are simultaneously entitled to the funeral benefit guaranteed by the State budget in accordance with other legal documents, they shall be entitled to a funeral benefit with the highest level.
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Thus, based on Clause 4, Article 6 of the Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution 2020, if people with meritorious services to the revolution die, the person or organization conducting the funeral is entitled to funeral allowances as prescribed by the law on social insurance;...
In case the subjects specified in this Clause are simultaneously beneficiaries of funeral allowances in accordance with the law on social insurance, they shall be entitled to funeral allowances in accordance with the law on social insurance.
Thus, in case people with meritorious services to the revolution who are on retirement benefits die, benefits shall comply with the law on social insurance.
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