The social insurance (SI) allowance can be received either as a lump sum or monthly upon retirement. In fact, the number of social insurance participants requesting a lump sum allowance is increasing. So, what issues should social insurance participants be aware of to receive a lump sum SI allowance?
*** 1. Subjects Eligible for Lump-sum Social Insurance Benefits ***
According to the provisions of the 2014 Social Insurance Law (Social Insurance Law 2014), subjects eligible for lump-sum social insurance policies include:
- Employees participating in social insurance as stipulated in Clause 1 and Clause 4, Article 2 of Social Insurance Law 2014 and Clause 1, Article 43 of the 2015 Law on Occupational Safety and Hygiene;- Employees who are retaining the period of social insurance contribution or employees who have a decision to terminate employment to await pension resolution or monthly allowance;- Voluntary social insurance participants who have already contributed a full 20 years of compulsory social insurance.
2. Conditions for Eligibility for Lump-sum Social Insurance Policies
According to the provisions in Clause 1, Article 60 of Social Insurance Law 2014, Clause 1, Article 8 of Decree 115/2015/ND-CP and Article 1 of Resolution 93/2015/QH13, participants in social insurance are eligible for a lump-sum social insurance benefit if they fall into one of the following cases:
- Reaching the age for pension as stipulated, but having less than 20 years of social insurance contribution;- Female employees who are dedicated or non-dedicated officers at communes, wards, commune-level towns, but have less than 15 years of social insurance contribution and do not continue to participate in voluntary social insurance;- After a year of terminating employment without social insurance contribution, and requesting for a lump-sum social insurance benefit with less than 20 years of social insurance contribution;- Patients suffering from life-threatening illnesses such as cancer, poliomyelitis, cirrhosis with ascites, leprosy, severe tuberculosis, HIV infection progressing to AIDS, and other diseases per the Ministry of Health regulations;- Leaving the country for permanent residence abroad.
3. Diseases Entitled to Lump-Sum Social Insurance
Article 4 of Circular 56/2017/TT-BYT stipulates the diseases entitled to lump-sum social insurance policies including:
- Cancer, poliomyelitis, cirrhosis with ascites, leprosy, severe tuberculosis, HIV infection progressing to AIDS requiring monitoring, assistance, and complete care.- Additionally, illnesses or disabilities aside from the above diseases with a reduction in working capacity or disability degree from 81% or more, and cannot self-control or perform mobility activities, dressing, personal hygiene, etc., requiring monitoring, assistance, and complete care.
4. Lump-sum Social Insurance Benefit Levels
According to Clause 2, Article 60 of Social Insurance Law 2014, Clause 2, Article 8 of Decree 115/2015/ND-CP, and Clause 2, Article 19 of Circular 59/2015/TT-BLDTBXH, the lump-sum social insurance benefit level is calculated based on the number of years of social insurance contribution, as follows:
- 1.5 months of average monthly salary paid for social insurance, for each year of contribution before 2014;- 2 months of average monthly salary paid for social insurance, for each year of contribution from 2014 onwards;- The lump-sum social insurance benefit for employees with less than one year of social insurance contribution is calculated at 22% of the monthly salary paid for social insurance, with a maximum of 2 months of the average monthly salary paid for social insurance;- When calculating the lump-sum social insurance benefit in the event of fractional months of social insurance contribution, from 1 to 6 months are considered half a year, and from 7 to 11 months are considered one year;- The time to calculate the lump-sum social insurance benefit is the time recorded in the social insurance agency’s decision.
5. Dossier Requirements for Lump-Sum Social Insurance
Based on Article 109 of Social Insurance Law 2014 and Article 20 of Decision 636/QD-BHXH of 2016, the dossier requirements for requesting lump-sum social insurance include:
- Social Insurance Book;- Application for Lump-Sum Social Insurance Benefit (Form 14-HSB);- Identification card, household registration book, or temporary residence permit for verification;- For employees with life-threatening diseases such as cancer, poliomyelitis, cirrhosis with ascites, leprosy, severe tuberculosis, HIV infection progressing to AIDS, and other diseases per the Ministry of Health regulations: Extract medical records.
Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
Phone: | (028) 7302 2286 |
E-mail: | info@lawnet.vn |