After withdrawing social insurance, can I still participate in social insurance in Vietnam?

After withdrawing social insurance, can I still participate in social insurance in Vietnam?

Pursuant to Clause 1, Article 2 of the 2014 Law on Social Insurance, subjects of application include:

1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

c/ Cadres, civil servants and public employees;

d/ Defense workers, public security workers and persons doing other jobs in cipher organizations;

dd/ Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

e/ Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;

g/ Vietnamese guest workers defined in the Law on Vietnamese Guest Workers;

h/ Salaried managers of enterprises and cooperatives;

i/ Part-time staffs in communes, wards and townships.

According to this Article, you sign an employment contract with a new company, so you are subject to compulsory social participation and have right to participate in social insurance at the new company, even though you previously participated in social insurance and withdraw social insurance once in Vietnam.

After withdrawing social insurance, can I still participate in social insurance in Vietnam? (Image from the Internet)

What is lump-sum social insurance benefit rate after participating in compulsory social insurance for 3 years in Vietnam?

According to Article 60 of the 2014 Law on Social Insurance, lump-sum social insurance is as follows:

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 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.

2. The lump-sum social insurance allowance shall be calculated based on the number of years of social insurance premium payment; for each year of payment it must equal:

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 times the average monthly salary on which social insurance premiums are based for the years of payment since 2014;

c/ For a period of social insurance premium payment of under 1 year, the social insurance allowance must equal the paid premium amount but not exceed 2 times the average monthly salary on which social insurance premiums are based.

3. The lump-sum social insurance allowance specified in Clause 2 of this Article is exclusive of the State’s monetary support for payment of voluntary social insurance premiums, except the case specified at Point c, Clause 1 of this Article.

4. The time for enjoying the lump-sum social insurance allowance is the time stated in decisions of social insurance agencies.

In addition, Article 8 of Decree 115/2020/ND-CP stipulates lump-sum social insurance as follows:

2. The lump-sum social insurance benefit is calculated based on the number of years of social insurance payment, each year is calculated as follows:

a) 1.5 months of average monthly salary paid for social insurance for years of payment before 2014;

b) 02 months of average monthly salary paid for social insurance for years of payment from 2014 onwards;

c) In case the social insurance payment period is less than one year, the social insurance benefit level is equal to the amount paid, the maximum level is equal to 02 months of the average monthly salary paid for social insurance.

Best regards!