"My mother has participated in social insurance for 18 years. My mother is not old enough to enjoy social insurance, and now she wants to donate the entire time of paying this social insurance to me as an asset, is it okay?" - Ha Do
Article table of contents
On this issue, LawNet would like to answer as follows:
Pursuant to Article 18 of the Law on Social Insurance 2014 of Vietnam, employees participating in social insurance have the following specific rights:
- To participate in social insurance and enjoy social insurance benefits in accordance with this Law.
- To be granted and manage social insurance books.
- To fully and promptly receive pensions and social insurance allowances in one of the following forms:
+ Directly from social insurance agencies or service organizations authorized by social insurance agencies;
+ Via their deposit accounts opened at banks;
+ Through employers.
- To enjoy health insurance in the following cases:
+ Being on pension;
+ Taking leave on maternity allowance for childbirth or child adoption;
+ Taking leave on monthly occupational accident or occupational disease allowance;
+ Being on sickness allowance, for employees who suffer a disease on the Ministry of Health-issued list of diseases requiring long-term treatment.
- To take medical assessment of their working capacity decrease, if they fall in the case that their health conditions have become stable after treatment of a recurring injury or disease and have their period of social insurance premium payment reserved; not to pay medical assessment costs if they are eligible to social insurance.
- To authorize others to receive pensions or social insurance allowances.
- Every 6 months, to be provided by employers with information on the payment of social insurance premiums; every year, to have the payment of social insurance premiums certified by social insurance agencies; to request employers and social insurance agencies to provide information on the payment of social insurance premiums and enjoyment of social insurance.
- To lodge complaints or denunciations or initiate lawsuits about social insurance in accordance with law.
It can be seen that, in the above-mentioned rights, employees do not have the right to leave their social insurance payment time as an asset to give or inherit to others.
On the other hand, according to Clause 1 Article 5 of the Law on Social Insurance 2014 of Vietnam, levels of social insurance allowances shall be calculated based on the social insurance premium rate, the premium payment period and the sharing among the insured. According to this provision, the principle of social insurance enjoyment is based on the employee's premium rate and time of premium payment.
Thus, according to current law of Vietnam, it is not allowed to give or inherit the time of paying social insurance premiums to other people.
Le Vy
- Key word:
- Law on Social Insurance 2014
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