If my wife dies, will I be entitled to funeral allowance in Vietnam? Does funeral allowance belong to persons who take charge of their funeral when employees die in Vietnam?
If my wife dies, will I be entitled to funeral allowance in Vietnam? Does funeral allowance belong to persons who take charge of their funeral when employees die in Vietnam? How much is funeral allowance for a person receiving occupational accident benefits dies in Vietnam?
If my wife dies, will I be entitled to funeral allowance in Vietnam?
My wife is a retired teacher, she just passed away due to a serious illness. Let me ask, am I entitled to monthly funeral and survivorship allowance when my wife dies?
Look forward to your feedback soon!
Reply:
Article 66 of the Law on Social Insurance 2014 stipulates funeral allowance as follows:
1. When the following persons die, the persons who take charge of their funeral are entitled to a funeral allowance:
a/ Employees who have paid social insurance premiums for at least full 60 months;
b/ Pensioners.
2. The funeral allowance must equal 10 times the statutory pay rate of the month in which the persons defined in Clause 1 of this Article die.
3. When the persons defined in Clause 1 of this Article are declared dead by the court, their relatives are entitled to the allowance specified in Clause 2 of this Article.
Thus, because your wife is receiving a pension, when she dies, you will receive a funeral allowance equal to 10 times the base salary in the month in which she died. For monthly survivorship allowance in Vietnam, according to the provisions of Article 67 of the 2014 Law on Social Insurance, you will receive them when you are 60 years old or older or under 60 years old if your working capacity is reduced by 81% or more.
If my wife dies, will I be entitled to funeral allowance in Vietnam? Does funeral allowance belong to persons who take charge of their funeral when employees die in Vietnam? (Image from the Internet)
Does funeral allowance belong to persons who take charge of their funeral when employees die in Vietnam?
My uncle worked in the business for 14 years, and participated in social insurance for 10 years. Now my uncle has passed away. Am I entitled to a funeral allowance? My uncle has no relatives left, and I am the one taking care of the funeral?
Reply:
Pursuant to Clause 1, Article 80 of the 2014 Law on Social Insurance, regulations on funeral allowance are as follows:
1. When the following persons die, the persons who take charge of their funeral are entitled to a funeral allowance:
a/ Employees who have paid social insurance premiums for at least full 60 months;
b/ Pensioners.
2. The funeral allowance must equal 10 times the statutory pay rate of the month in which the persons defined in Clause 1 of this Article die.
3. When the persons defined in Clause 1 of this Article are declared dead by the court, their relatives are entitled to the allowance specified in Clause 2 of this Article.
So, in your case, when the employee dies, meaning your uncle has paid social insurance for 10 years, you, the one who takes charge of funeral, will be entitled to this funeral allowance in Vietnam.
How much is funeral allowance for a person receiving occupational accident benefits dies in Vietnam?
How much is funeral allowance for a person receiving occupational accident benefits dies in Vietnam? Hello. My brother had an accident at work and receives a benefit of 4,050,000 VND/month. Recently, my brother passed away, and my family received a funeral allowance fee of 13,000,000 VND. I wonder if the insurance agency's calculation is correct with my brother's allowance as above? I hope you can advise me. Sincerely thank! My email is: anhquan***@gmail.com.
Reply:
Thank you for sending us your question. Regarding your questions, we would like to advise as follows:
The issue of funeral costs is regulated in Article 66 of the Law on Social Insurance 2014, guided by Article 24 of Circular 59/2015/TT-BLDTBXH. Accordingly:
1. When the following persons die, the persons who take charge of their funeral are entitled to a lump-sum funeral allowance:
a/ Employees defined in Clause 1, Article 2 of this Law who are paying social insurance premiums or employees who have their period of social insurance premium payment reserved and have paid social insurance premium payment for at least full 12 months;
b/ Employees who die of a occupational accident or an occupational disease or die during treatment due to a occupational accident or an occupational disease;
c/ Persons who are on pension or monthly occupational accident or occupational disease allowance and have ceased working.
2. The funeral allowance must equal 10 times the statutory pay rate of the month when the persons defined in Clause 1 of this Article die.
3. When the persons defined in Clause 1 of this Article are declared dead by the court, their relatives are entitled to the funeral allowance specified in Clause 2 of this Article.
Based on the provisions in Point c, Clause 1, Article 66 above, comparing with your brother's case, we find that your brother receives a occupational accident allowance of 4,050,000 VND/month.
However, the funeral allowance is calculated at 10 times the base salary in the month your brother died, not based on the allowance your brother is entitled to.
According to Clause 10, Article 2 of Resolution 27/2016/QH14 on the 2017 state budget estimate issued by the National Assembly, the base salary applied from July 1, 2017 is 1,300,000 VND
Therefore, the funeral organizer is entitled to the following funeral fees:
1,300,000 × 10 = 13,000,000,000 (VND)
Thus, the funeral payment for your brother's case is completely in accordance with current legal regulations in Vietnam.
Above is advice on issue of funeral costs that you have questions about. To understand this issue in more detail, please refer to the Social Insurance Law 2014 and Resolution 27/2016/QH14.
Best regards!
