After receiving pension for 6 years, my father passed away, what will lump-sum survivorship allowance be calculated in Vietnam?

After receiving pension for 6 years, my father passed away, what will lump-sum survivorship allowance be calculated in Vietnam?

If I have received a pension for 6 years when I die, will my relatives receive a lump-sum survivorship allowance? My father participated in voluntary social insurance and enjoyed his pension for 6 years and 2 months before passing away. I heard that in this case my family was entitled to a lump-sum survivorship allowance. So let me ask, how is this allowance calculated?

Reply:

According to Clause 3, Article 81 of the 2014 Law on Social Insurance, there are regulations on survivorship allowance for cases of participation in voluntary social insurance:

3. The lump-sum survivorship allowance for relatives of persons who die while on pension shall be calculated based on these persons' period of pension enjoyment; if they die within the first 2 months of pension enjoyment, such allowance must equal 48 months’ current pension; if they die in subsequent months, the allowance shall be reduced by half the monthly pension for each additional month of pension enjoyment.

Based on this regulation in Vietnam, it is possible to calculate the lump-sum death benefit for your family as follows:

Lump-sum survivorship allowance = 48 - (0.5 x 6 x 12) = 12 months of current pension.

Please base on the pension your father is receiving to calculate the specific survivorship allowance in Vietnam.

After receiving pension for 6 years, my father passed away, what will lump-sum survivorship allowance be calculated in Vietnam? (Image from the Internet)

Does changing place of permanent residence require changing place of pension receipt in Vietnam?

According to current law, is a person receiving a monthly pension who changes his permanent residence required to change the place of receiving his pension?

Reply:

According to Article 115 of the 2014 Law on Social Insurance, regulations on change of places for receiving pension or social insurance allowance are as follows:

When a person on pension or monthly social insurance allowance moves to another place of residence within the country and wishes to receive social insurance allowance at the new place of residence, he/she shall submit an application to the social insurance agency of the place where he/she currently receives the allowance.

Within 5 working days after receiving such application, the social insurance agency shall settle the receipt of pension or social insurance allowance by the employee at the new place of residence, or issue a written reply clearly stating the reason for its refusal to settle such receipt.

Thus, a person who is receiving pension and now changes his/her place of permanent residence (household registration book) is not required to change the place of pension receipt, but must only have the desire to change the place of receipt to make the change. This is not a mandatory requirement in Vietnam.

Is a wife under 55 years old entitled to monthly survivorship allowance after her husband, who is receiving pension, passes away in Vietnam?

According to regulations, are there any conditions for a wife under 55 years old to receive a monthly survivor benefit after her husband, who is receiving pension, dies? Or does she have to be over 55 years old to be accepted?

Reply:

According to Point c, Clause 1, Article 66, Point c, Clause 1, Article 67 of the 2014 Law on Social Insurance, when the following persons die, the persons who take charge of their funeral are entitled to a lump-sum funeral allowance (these persons who take charge of their funeral must be eligible under the regulations).

Relatives of the above deceased are entitled to monthly death benefits, including:

- The child is not yet 18 years old; children aged 18 or older if their working capacity is reduced by 81% or more; children are born when the father dies and the mother is pregnant;

- Wife is 55 years old or older or husband is 60 years old or older; wife under 55 years old, husband under 60 years old if their working capacity is reduced by 81% or more;

- Biological parent, parent-in-law, other family members that the social insurance participant is obliged to care for according to regulations of the law on marriage and family if 60 years or older for men, 55 years or older for women;

- Biological parent, parent-in-law, other family members that the social insurance participant is obliged to care for according to regulations of the law on marriage and family if under 60 years old for men, under 55 years old for women and have reduced working capacity of 81% or more.

Thus, in case the wife is under 55 years old, she will only be entitled to a monthly death benefit when her husband, who is receiving pension in Vietnam, dies if her working capacity is reduced by 81% or more.

Best regards!