Can I receive a one-time social insurance payment without a termination decision?This is a question that Thu Ky Luat has received quite frequently from our Clients and Members in recent days. Thu Ky Luat would like to address this concern for our Clients and Members in the following article.
Article table of contents
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Application Form for One-time Social Insurance Benefits
According to the provisions in Article Law on Social Insurance 2014, employees are eligible to receive one-time social insurance in the following cases:
- Reaching retirement age as stipulated in Clauses 1, 2, and 4 of Article 54 of the Law on Social Insurance 2014 without having completed 20 years of paying social insurance or as stipulated in Clause 3, Article 54 of the Law on Social Insurance 2014 without having completed 15 years of paying social insurance and not continuing to participate in voluntary social insurance.
- Moving abroad for permanent residence.
- Suffering from life-threatening diseases such as cancer, paralysis, particularly severe cirrhosis, leprosy, severe tuberculosis, HIV transitioning to AIDS, and other diseases as prescribed by the Ministry of Health.
- In case the employee, as stipulated in Points d and e, Clause 1, Article 2 of the Law on Social Insurance 2014, is discharged from service, demobilized, or quits their job without meeting the conditions for pension benefits.
According to the provisions in Decision 777/QD-BHXH, the procedure for one-time social insurance benefits is conducted as follows:
Step 1: Employees submit the required documents to the district/provincial Social Insurance Office directly or via public postal service.
In case of electronic transactions: Employees register to receive a verification code and send electronic documents to the Vietnam Social Security portal or through I-VAN organizations, if the paper documents have not yet been converted to electronic format, the paper documents should be sent to the Social Insurance Office via public postal service.
Step 2: The district/provincial Social Insurance Office:
- Receive the complete dossier from employees, verify against the original for non-certified copies, and return the original documents to the employees.
- Process and return the results to the employees.
Step 3: Employees directly receive the results, in case they cannot receive directly, the authorized person must have a Power of Attorney (Form No. 13-HSB) or the original Power of Attorney contract as per the legal regulations.
As for the dossier components to receive one-time social insurance, Decision 777 stipulates the dossier includes:
- Social Insurance Book.
- The original application form (Form No. 14-HSB).
- For those moving abroad for permanent residence, an additional certified copy of the authority's confirmation of relinquishing Vietnamese nationality, or a certified Vietnamese translation or notarized copy of one of the following documents:
+ Passport issued by a foreign country.
+ Visa issued by a foreign authority confirming permanent residency for immigration reasons.
+ Document confirming that the process of acquiring foreign nationality is underway; documents confirming or long-term residence card, valid for 05 years or more by foreign authorities.
- For those with life-threatening diseases such as: Cancer, paralysis, particularly severe cirrhosis, leprosy, severe tuberculosis, HIV transitioning to AIDS, an additional original medical record excerpt/summary showing the inability to self-care; if suffering from other diseases, replace with the original assessment report confirming an 81% or greater reduction in labor capacity by the Medical Evaluation Council.
- If paying for medical evaluation fees, include an additional original invoice, receipt, along with the original detailed contents of the assessment by the medical evaluation institution.
- The original personal declaration on service time and areas entitled to regional allowances (Form No. 04B-HBKV) issued with Circular 181/2016/TT-BQP for those who served in the military before January 01, 2007, in areas receiving regional allowances where the Social Insurance Book lacks complete information to calculate regional allowances.
Thus, as per the above regulations, it can be seen that the dossier components for one-time social insurance benefits do not mandatorily require a resignation decision, hence the absence of a resignation decision in this case does not affect the employee's eligibility to receive one-time social insurance.
Nguyen Trinh
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