Which can draw a one-time social insurance in Vietnam benefit immediately after resignation?
What is the one who receives the one-time social insurance in Vietnam right after leaving the job?
Pursuant to Clause 1 Article 2 of the Decree No. 143/2018/ND-CP, the following entities are required to participate in the compulsory social insurance in Vietnam:
- The employees who are foreign nationals working in Vietnam are subject to the compulsory social insurance upon having work permit or practice certificate or practice permit issued by the competent authorities of Vietnam.
- He/she enters into an indefinite term employment contract or a definite term employment contract with a Vietnamese employer for at least one year.
In addition, pursuant to Clause 6 Article 9 of the Decree No. 143/2018/ND-CP, regulations on cases eligible for lump-sum social insurance payout shall be elaborated as follows:
Cases eligible for lump-sum social insurance:
The employees specified in Clause 1, Article 2 of this Decree are entitled to the one-time social insurance in Vietnam if they are subject to one of the following cases:
- They have reached the retirement age specified in Clause 1 of this Article while having paid social insurance premiums for less than 20 years;
- Those who are suffering from one of the life-threatening diseases 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;
- Employees who are eligible for retirement pension as prescribed in Clause 1 of this Article but do not continue residing in Vietnam;
- The worker is not allowed to apply for an extension when the labor contract is terminated or the labor permit, practicing certificate or practicing certificate expires.
Thus, the cases eligible for lump-sum social insurance are prescribed above. In addition, the employees who are foreign nationals working in Vietnam upon termination of labor contract shall receive the one-time social insurance in Vietnam.
Which can draw a one-time social insurance in Vietnam benefit immediately after resignation?
What diseases are covered by social insurance?
Pursuant to Article 4 of the Circular No. 56/2017/TT-BYT, the diseases eligible for lump-sum social insurance payout are specified as follows:
"Article 4. Patients eligible for lump-sum social insurance payout
The diseases enjoyed lump-sum social insurance regime include:
1. The cancer, poliomyelitis, ascites, leprosy, serious tuberculosis, HIV infection progressed to AIDS, simultaneously not self-control, or not able to conduct the travel, clothes, personal hygiene, and other daily life needs needs.
2. Diseases and diseases other than those mentioned in Clause 1 of this Article suffer from work incapacity or the impairment level of 81% or more, and are not self-controlled, or are not able to work-on, move, clothes, personal hygiene and other tasks necessary for personal daily activities."
Thus, in case of serious tuberculosis and precise diagnosis by doctors, they will belong to subjects enjoyed lump-sum social insurance.
What is the level of entitlement to one-time social insurance in Vietnam?
Pursuant to Clauses 2, 3 and 4, Article 60 of the Law on Social Insurance 2014, the lump-sum social insurance allowance level is calculated as follows:
"Article 60. One-time social insurance
...
2. The rate of entitlement to one-time social insurance is calculated by the number of years of social insurance payment.
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 months of average monthly salary on which social insurance premiums are based, for the years of payment since 2014;
c/ In case the period of paying social insurance premiums is under one year, the social insurance allowance must equal the paid premium amount but must not exceed 2 times the average monthly salary on which social insurance premiums are based.
3. The rate of entitlement to one-time social insurance complies with the provisions in Clause 2 of this Article excluding the State's assistance of payment of voluntary social insurance premium, except for the case of regulation conformity specified at Point c, Clause 1 of this Article.
4. The time to calculate the entitlement to one-time social insurance is the time specified in the social insurance body's decision."
Thus, the rate of entitlement to one-time social insurance in Vietnam is calculated by the number of years of payment of social insurance specified above.
Accordingly, the foreigner who is working in Vietnam and eligible for lump-sum social insurance payout and has sufficient period of social insurance payout shall receive a lump-sum social insurance payout as prescribed.
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