In Vietnam: Is it permissible to enjoy lump-sum social insurance if social insurance book is lost?

In Vietnam: Is it permissible to enjoy lump-sum social insurance if social insurance book is lost?

Pursuant to Article 109 of the Law on Social Insurance in 2014 stipulating dossier for enjoyment of lump-sum social insurance allowance in Vietnam as follows:

1. The social insurance book.

2. The employee’s application for enjoyment of lump-sum social insurance allowance.

3. For persons who settle abroad, a copy of the competent agency’s written certification of renunciation of Vietnamese nationality, or a certified or notarized Vietnamese translation of one of the following papers:

a/ Passport issued by a foreign country;

b/ Visa issued by a competent foreign agency, certifying such country’s permission for entry for overseas residence;

c/ Paper certifying such person is carrying out procedures for naturalization in a foreign country; paper certifying residence or permanent residence card or residence card of a term of 5 years or more, issued by a competent foreign agency.

4. Extract of the medical record, in the case specified at Point c, Clause 1, Article 60, or Point c, Clause 1, Article 77, of this Law.

5. For employees defined in Article 65, and Clause 5, Article 77, of this Law, a dossier for enjoyment of lump-sum social insurance allowance must comply with Clauses 2 and 3 of this Article.

As regulations above, it is not permissible to enjoy lump-sum social insurance if social insurance book is lost. In you case, you should submit application for re-issuance of social insurance book at social insurance agencies.

What is the time limit for enjoyment of lump-sum social insurance allowance in Vietnam?

Pursuant to Article 110 of the Law on Social Insurance in 2014 stipulating settlement of pension or lump-sum social insurance allowance in Vietnam as follows:

1. Within 30 days by the time an employee enjoys pension, the employer shall submit a dossier specified in Clause 1, Article 108 of this Law to the social insurance agency.

2. Within 30 days by the time an employee enjoys pension, employees having their period of social insurance premium payment reserved or employees covered by voluntary social insurance shall submit a dossier specified in Clause 2, Article 108 of this Law to the social insurance agency.

3. Within 30 days by the time an employee becomes eligible and requests payment of lump-sum social insurance allowance, he/she shall submit a dossier specified in Article 109 of this Law to the social insurance agency.

4. Within 20 days after receiving a complete and valid dossier, for to-be- pensioners, or within 10 days after receiving a complete and valid dossier, for persons to enjoy a lump-sum social insurance allowance, the social insurance agency shall settle the enjoyment of pension or lump-sum allowance and make payment to employees; or issue a written reply clearly stating the reason for its refusal to settle such enjoyment.

As regulations above, the social insurance agency shall settle lump-sum social insurance allowance within 30 days by the time an employee becomes eligible and requests payment of lump-sum social insurance allowance.

Within 10 days after receiving a complete and valid dossier, the social insurance agency shall settle the enjoyment of lump-sum allowance and make payment to employees.

Does it take time for re-issuance of social insurance books in Vietnam?

Pursuant to Article 99 of the Law on Social Insurance in 2014 stipulating settlement of registration for participation in social insurance and grant of social insurance books in Vietnam as follows:

1. Registration for first-time participation in social insurance shall be settled as follows:

a/ Within 30 days after signing a labor contract or working contract with an employee or after recruiting an employee, the employer shall submit a dossier specified in Clause 1, Article 97 of this Law to the social insurance agency.

b/ An employee to be covered by voluntary social insurance shall submit a dossier specified at Point b, Clause 1, Article 97 of this Law to the social insurance agency.

2. An employee shall submit a dossier for re-grant of a social insurance book as specified in Clause 2, Article 97 of this Law to the social insurance agency.

3. The social insurance agency shall grant a social insurance book within:

a/ 20 days after receiving a complete and valid dossier, for persons who participate for the first time in compulsory social insurance;

b/ 7 days after receiving a complete and valid dossier, for persons who participate for the first time in voluntary social insurance;

c/ 15 days after receiving a complete and valid dossier, in case of re-grant of social insurance books; or 45 days, if the verification of the period of social insurance premium payment is complicated. If refusing to grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason;

d/ 10 days after receiving a complete and valid dossier, in case of re-grant of social insurance books for employees who wish to have their information of participation in social insurance adjusted. If refusing to re-grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason.

4. The Minister of Labor, War Invalids and Social Affairs shall stipulate in detail the order and procedures for participation in social insurance and settlement of social insurance benefits for employees defined at Point b, Clause 1, Article 2 of this Law.

As regulations above, the social insurance agency shall grant a social insurance book within 15 days after receiving a complete and valid dossier, in case of re-grant of social insurance books; or 45 days, if the verification of the period of social insurance premium payment is complicated. If refusing to grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason.

Best regards!