If persons who are on pension, will their family members receive funeral allowance in Vietnam?

If persons who are on pension, will their family members receive funeral allowance in Vietnam?

My father was retired and was receiving his pension due to illness so he passed away. So can relatives receive funeral allowances? My father receives 3 million in pension every month. Now my family is having a hard time, so I ask my brothers and sisters for support.

Reply:

According to Article 66 of the 2014 Social Insurance Law, there are provisions as follows:

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.

In Article 80 of the 2014 Social Insurance Law, it is stipulated:

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.

In Decree 38/2019/ND-CP, from July 1, 2019, the base salary is 1,490,000 VND.

Thus, the level of funeral allowance for those participating in social insurance who died is: 1,490,000 * 10 = 14,900,000 VND

In addition, when your father passes away while receiving a pension, the family can also receive death benefits. You can see the regulations in Articles 67 to 70 of this Law for more information in Vietnam.

If persons who are on pension, will their family members receive funeral allowance in Vietnam? (Image from the Internet)

Can an employee who dies at the hospital receive a lump-sum funeral allowance?

If an employee works under a contract for 36 months and pays full social insurance, when he has an accident and has to be taken to the hospital for treatment, if this person does not survive, will he or she receive a lump-sum funeral allowance?

Reply:

According to Article 66 of the 2014 Social Insurance Law, regulations on funeral allowances are as follows:

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.

Thus, based on the case you mentioned, when this employee has a work accident but does not survive the hospital while being treated for the accident, he will receive a lump-sum funeral allowance according to the above regulations in Vietnam. 

If I don't pay social insurance, can I get funeral allowances in Vietnam?

I participated in social insurance for 2 years, but in 2019, I no longer participated in social insurance until now. My brother just passed away in an accident, will his relatives receive funeral allowances?

Reply:

Point a, Clause 1, Article 66 of the 2014 Social Insurance Law stipulates:

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;

...

Thus, according to this regulation in Vietnam, it is not required to be participating in social insurance to receive funeral allowances. As long as when the person dies, he or she has paid 12 months of social insurance, the person taking care of the funeral will receive a funeral allowance. Therefore, in case you ask, when this person died, he had paid 2 years of social insurance (24 months), so he was eligible for his relatives (the person taking care of the funeral) to receive funeral allowances according to regulations.

Best regards!