Leave Without Pay: Eligibility for a One-Time Social Insurance Withdrawal?

Due to the Covid-19 pandemic, my company has given me unpaid leave for the past month and plans to extend it for another month. I will return to work once the situation improves. During this period, am I allowed to withdraw the social insurance benefits as a lump sum? Because I need the money for living expenses.

Section 1, Article 8 of Decree 115/2015/ND-CP stipulates regarding one-time social insurance as follows:

Employees specified in Sections 1 and 2, Article 2 of this Decree, upon request, shall be entitled to one-time social insurance if they fall into one of the following cases:

- Reaching the retirement age as prescribed in Sections 1, 2, and 4, Article 54 of the Law on Social Insurance but having less than 20 years of social insurance contributions, or as prescribed in Section 3, Article 54 of the Law on Social Insurance but having less than 15 years of social insurance contributions and not continuing to participate in voluntary social insurance;

- After one year of leaving employment without having 20 years of social insurance contributions and not continuing to pay social insurance contributions;

- Settling abroad to reside;

- Suffering from one of the life-threatening diseases such as cancer, polio, ascites due to cirrhosis of the liver, leprosy, severe tuberculosis, HIV infection progressing to AIDS, and other diseases as prescribed by the Ministry of Health;

Thus, to receive one-time social insurance, the employee must fall under one of the above categories. However, based on the information you provided, where you will be on unpaid leave for 1 to 2 months and will return to work once the Covid-19 situation stabilizes, you are not eligible to apply for one-time social insurance benefits.

In addition, there are currently policies in place to support employees facing difficulties during the Covid-19 pandemic. You may seek additional information to receive such support.

Respectfully!

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