Vietnam: In which cases are employees entitled to lump-sum social insurance? What does a lump-sum social insurance application for when suffering from a life-threatening illness include?
- In which cases are employees entitled to lump-sum social insurance in Vietnam?
- If an employee stays at a commune health station, is granted a Certificate of leave from work to enjoy social insurance, what principle is the service price applied in Vietnam?
- What does a lump-sum social insurance application for when suffering from a life-threatening illness in Vietnam include?
In which cases are employees entitled to lump-sum social insurance in Vietnam?
Pursuant to the provisions of Clause 1, Article 60 of the Law on Social Insurance 2014 stipulates as follows:
Article 60. 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 Vietnam 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.
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According to the above regulations, the cases in which employees are entitled to lump-sum social insurance are as follows:
- Having reached the prescribed pension age but not yet 20 years of paying social insurance (or less than 15 years of paying social insurance for female employees who are full-time or non-full-time workers in communes, wards or townships) and do not continue to participate in voluntary social insurance.
- Employees who participate in compulsory social insurance after one year of quitting their jobs, who join voluntary social insurance after one year do not continue to pay social insurance but have not yet paid 20 years of social insurance.
- Going abroad to settle.
- People who are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection has turned into AIDS and other diseases as prescribed by the Vietnam Ministry of Health.
- The employee falls into one of the following cases when serving, discharged or quitting without being eligible for pension:
+ Professional officers and soldiers of the People's Army; professional officers, non-commissioned officers, officers and non-commissioned officers of technical expertise of the people's police; persons doing basic work shall receive the same salary as military personnel;
+ Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Police serving for a definite period; Military, police and basic cadets who are studying are entitled to living expenses.
Vietnam: In which cases are employees entitled to lump-sum social insurance? What does a lump-sum social insurance application for when suffering from a life-threatening illness include?
If an employee stays at a commune health station, is granted a Certificate of leave from work to enjoy social insurance, what principle is the service price applied in Vietnam?
Pursuant to the provisions of Section 2 of Official Dispatch 376/BHXH-CSXH in 2023 stipulates as follows:
2. In case an employee stays at a commune health station, is granted a Certificate of leave from work to enjoy social insurance or provincial social insurance pursuant to the provisions of Point b, Clause 5, Article 4 of Circular No. 39/2018/TT-BYT dated 30/11/2018 of the Vietnam Ministry of Health for implementation.
Accordingly, in case the employee stays at the commune health station, is granted a Certificate of leave from work to enjoy social insurance or provincial social insurance based on Point b, Clause 5, Article 4 of Circular 39/2018/TT-BYT as follows:
For health stations decided by the Department of Health to have beds: a rate equal to 50% of the daily rate of class 3 internal medicine beds of class IV hospitals shall be applied.
The maximum number of paid days is 03 days/person/course of treatment. Do not pay for medical examination in case of payment for beds at commune health stations.
What does a lump-sum social insurance application for when suffering from a life-threatening illness in Vietnam include?
On February 16, 2023, Vietnam Social Insurance (Social Insurance) issued Official Dispatch 376/BHXH-CSXH in 2023 guiding the implementation of Circular 18/2022/TT-BYT amending Circular 56/2017/TT-BYT guiding the Law on Social Insurance and the Law on Occupational Safety and Health in the field of health.
Accordingly, in Official Dispatch 376/BHXH-CSXH in 2023, there are instructions for lump-sum social insurance applications for cases of life-threatening diseases as follows:
1. A dossier of lump-sum social insurance benefits for cases of life-threatening diseases specified at Point c, Clause 1, Article 60 of the Law on Social Insurance guided in Section a4, Point 1.2.3, Clause 1, Article 6 of Decision No. 166/QD-BHXH is adjusted as follows:
In case you are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection has progressed to AIDS: The dossier is the original or a valid copy of the discharge paper or a summary of the medical record showing the above-mentioned disease.
In case of other diseases entitled to lump-sum social insurance: The dossier is a medical assessment record that must clearly conclude the contents of diseases and diseases with a working capacity impairment of 81% or more and do not self-control or cannot self-perform activities to serve the needs of daily personal activities that need to be monitored, help, complete care.
Accordingly, the dossier of lump-sum social insurance benefits for cases of life-threatening diseases includes: People who are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has turned into AIDS stage and other diseases as prescribed by the Vietnam Ministry of Health are adjusted as follows:
- In case you are suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection has progressed to AIDS: The dossier contains the original or a valid copy of the discharge paper or a summary of the medical record showing the above-mentioned disease.
- In case of suffering from other diseases entitled to lump-sum social insurance, the dossier is a medical assessment record that must clearly conclude the contents of diseases and diseases with a working capacity impairment of 81% or more and cannot self-control or perform activities to serve the needs of daily personal activities that need to be monitored, help, complete care.
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