Based on Article 88 Social Insurance Law 2024, the cases of eligibility for lump-sum survivorship allowance include:
(1) The following individuals, upon death or being declared dead by the court, will have their relatives considered for a lump-sum survivorship allowance:
- Individuals currently participating in social insurance or preserving social insurance contribution periods;
- Individuals currently receiving or temporarily suspending the receipt of pension benefits; individuals currently receiving or temporarily suspending the receipt of monthly labor accident and occupational disease benefits after having stopped working.
(2) The individuals specified in Clause 1, Article 88 Social Insurance Law 2024 upon death will have their relatives considered for a lump-sum survivorship allowance in the following cases:
- Not meeting the conditions stipulated in Point a, Clause 1, Article 86 Social Insurance Law 2024;
- Belonging to one of the cases stipulated in Clause 1, Article 86 Social Insurance Law 2024 but having no relatives eligible for monthly death benefits as stipulated in Clause 2, Article 86 Social Insurance Law 2024;
- Relatives eligible for monthly death benefits according to Clause 2, Article 86 Social Insurance Law 2024 may opt for a lump-sum survivorship allowance;
- In the absence of relatives defined in Clause 7, Article 3 Social Insurance Law 2024, the lump-sum survivorship allowance is to be executed in accordance with inheritance laws.
According to Article 89 Social Insurance Law 2024, the lump-sum survivorship allowance amount is prescribed as follows:
(1) The lump-sum survivorship allowance for relatives of individuals stipulated in Point a, Clause 1, Article 88 Social Insurance Law 2024 is calculated by multiplying the social insurance contribution years by the average monthly salary used as a basis for social insurance contributions but not less than 3 months of the average monthly salary.
The average monthly salary used as a basis for social insurance contributions for calculating the lump-sum survivorship allowance is implemented according to Article 72 Social Insurance Law 2024 up to the point of contribution cessation. The lump-sum survivorship allowance for each social insurance contribution year is stipulated as follows:
- Equal to 1.5 months of the average monthly salary used as a basis for social insurance contributions for the years prior to 2014.
If the social insurance contribution period includes both pre-2014 and post-2014 periods with fractional months, those fractional months will be converted to post-2014.
- Equal to 2 months of the average monthly salary used as a basis for social insurance contributions for the years from 2014 onward.
(2) The lump-sum survivorship allowance for relatives of individuals receiving or temporarily suspending pensions at the time of death is calculated based on the duration of pension receipt as follows:
- In the case of death within the first 2 months, the lump-sum survivorship allowance equals 48 months of the current monthly pension.
- In the case of death from the third month onward, each additional month reduces the lump-sum survivorship allowance by 0.5 months of the current monthly pension from the amount stipulated at Point a, Clause 2, Article 89 Social Insurance Law 2024, but not less than 3 months of the current monthly pension.
(3) The lump-sum survivorship allowance for relatives of individuals receiving monthly labor accident and occupational disease benefits who have ceased employment and received social insurance before death equals 3 months of the current monthly labor accident and occupational disease benefits at the time of death.
(4) The reference amount used to calculate the lump-sum survivorship allowance is the reference amount in the month the individual stipulated in Point a, Clause 1, Article 88 Social Insurance Law 2024 dies.
(5) The Government of Vietnam stipulates the policies for resolving death benefits for cases of individuals receiving monthly labor accident and occupational disease benefits who have not ceased employment or are preserving social insurance contribution periods and individuals receiving monthly labor accident and occupational disease benefits concurrently with receiving pensions.
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