Circulation 56/2017/TT-BYT, effective from March 01, 2018, details the Law on Social Insurance and the Law on Occupational Safety and Hygiene in the field of healthcare. It describes the cases eligible for a one-time social insurance benefit.
To be specific, employees participating in social insurance who suffer from the following diseases are entitled to a one-time social insurance allowance:
- Cancer, paralysis, ascites due to cirrhosis of the liver, leprosy, severe tuberculosis, HIV that has transitioned to the AIDS stage, and simultaneously cannot control or perform daily activities such as moving, dressing, personal hygiene, and other activities serving daily personal needs without assistance and supervision.
- Diseases and conditions other than those mentioned in Clause 1 of this Article that result in a reduction in labor capacity or a disability rate of 81% or more, and cannot control or perform daily activities such as moving, dressing, personal hygiene, and other activities serving daily personal needs without assistance and supervision.
Additionally, pursuant to the provisions of Clause 1, Article 8 of Decree 115/2015/ND-CP, employees may also be entitled to a one-time social insurance allowance if they fall into one of the following cases:
- Reaching the retirement age as stipulated in Clauses 1, 2, and 4 of Article 54 of the Law on Social Insurance but having not yet completed 20 years of social insurance contributions; or as stipulated in Clause 3, Article 54 of the Law on Social Insurance but having not yet completed 15 years of social insurance contributions and not continuing to participate in voluntary social insurance;- After a year of unemployment, having not yet completed 20 years of social insurance contributions and not continuing to contribute to social insurance;- Leaving the country to settle abroad;
The social insurance one-time allowance is calculated based on the number of years of social insurance contributions. To be specific:
- 1.5 months of the average monthly salary on which social insurance contributions are based for each year of social insurance contribution before 2014;- 2 months of the average monthly salary on which social insurance contributions are based for each year of social insurance contribution from 2014 onwards;- In cases where the period of social insurance contribution is less than one year, the allowance is equal to the amount contributed, with a maximum of 2 months of the average monthly salary on which social insurance contributions are based.
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