Cases entitled to lump-sum survivorship allowance from compulsory social insurance in Vietnam from July 1, 2024

Cases entitled to lump-sum survivorship allowance from compulsory social insurance in Vietnam from July 1, 2024 (Image from Internet)

Law on Social Insurance 2024 was passed by the National Assembly of the Socialist Republic of Vietnam on June 29, 2024.

1. Cases entitled to lump-sum survivorship allowance from compulsory social insurance in Vietnam from July 1, 2024

According to the regulations in Article 88 of the Law on Social Insurance 2024, cases entitled to lump-sum survivorship allowance from compulsory social insurance in Vietnam are as follows:

- The following persons who die or are declared dead by a court, their dependents shall be considered for lump-sum survivorship allowance:

+ Persons participating in social insurance or preserving the period of social insurance contributions;

+ Persons receiving or temporarily suspending pension; persons receiving or temporarily suspending monthly benefits for work accidents, occupational diseases after having stopped working.

- Dependents of persons specified in Clause 1, Article 88 of the Law on Social Insurance 2024 when deceased shall be entitled to a one-time survivor benefit in the following cases:

+ Not meeting the conditions specified at Point a, Clause 1, Article 86 of the Law on Social Insurance 2024;

+ Falling into one of the cases specified in Clause 1, Article 86 of the Law on Social Insurance 2024 but have no dependents entitled to monthly survivor benefits as specified in Clause 2, Article 86 of the Law on Social Insurance 2024;

+ Dependents eligible for monthly survivor benefits as specified in Clause 2, Article 86 of the Law on Social Insurance 2024 but wish to receive a one-time survivor benefit;

+ In case there are no dependents specified in Clause 7, Article 3 of the Law on Social Insurance 2024, the one-time survivor benefit shall be processed according to legal regulations on inheritance.

2. Application for survivorship allowance from compulsory social insurance in Vietnam from July 1, 2024

According to Article 90 of the Law on Social Insurance 2024, the application for survivorship allowance for dependents of persons participating in social insurance or preserving the period of social insurance contributions includes:

Social insurance book;

Copy of death certificate or extract of death registration or copy of death notice or copy of court decision declaring the person dead;

Declaration of the dependent;

Original or copy of the investigation record of the work accident in case of death due to a work accident; copy of the medical record of occupational disease treatment in case of death due to occupational disease;

The disability assessment record from the Medical Assessment Council or a copy of the certificate of severe disability indication, which includes the conclusion from the Medical Assessment Council stating the percentage of labor ability decrease by 81% or higher.

- The application for survivorship allowance for dependents of persons receiving or temporarily suspending pension or monthly work accident, occupational disease benefits after stopping work includes:

+ Copy of death certificate or extract of death registration or copy of death notice or copy of court decision declaring the person dead;

+ Declaration of the dependent;

+ The disability assessment record from the Medical Assessment Council or a copy of the certificate of severe disability indication, which includes the conclusion from the Medical Assessment Council stating the percentage of labor ability decrease by 81% or higher.

- The dossier for claiming funeral allowance for cases only entitled to the funeral allowance includes:

+ Social insurance book, except for persons receiving pension, monthly benefits;

+ Copy of death certificate or extract of death registration or copy of death notice or copy of court decision declaring the person dead;

+ Declaration of the organization or individual taking care of the funeral.

More details can be found in the Law on Social Insurance 2024, which comes into force in Vietnam from July 1, 2025.

Law on Social Insurance 2014 and Resolution 93/2015/QH13 on implementing the policy of one-time social insurance benefits for workers will cease to be effective in Vietnam from the date the Law on Social Insurance 2024 comes into force.

Vo Tan Dai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE