Vietnam Social Insurance's guidelines for the implementation of one-time social insurance benefits

Vietnam Social Insurance's guidelines for the implementation of lump-sum social insurance benefits (Internet image)

On February 5, 2024, the Vietnam Social Insurance issued Official Dispatch 333/BHXH-CSXH providing guidance on the implementation of lump-sum social insurance benefits.

Vietnam Social Insurance's guidelines for the implementation of lump-sum social insurance benefits

Specifically, following Official Dispatch 3350/BHXH-CSXH dated October 17, 2023, implementing Official Letter 4176/LDTBXH-BHXH dated October 4, 2023; in order to settle the benefits in accordance with the regulations of the law, and timely recover the amount from the Social Insurance Fund when it is found that the benefits are not in compliance with the regulations; Vietnam Social Insurance requests provincial Social Insurance agencies (provincial SI) to review and handle cases that have received lump-sum social insurance benefits not in accordance with the provisions of the Law on Social Insurance 2006, the Law on Social Insurance 2014, Resolution 93/2015/QH13 dated June 22, 2015 of the National Assembly, Decree 115/2015/ND-CP, Decree 134/2015/ND-CP and relevant guidelines, specifically as follows:

(1) For cases that have received lump-sum social insurance benefits not in accordance with the regulations, provincial SI/district Social Insurance agencies issue a Decision on lump-sum social insurance benefits (Decision) in accordance with the delegated settlement authority (hereinafter referred to as the settlement location) in coordination with relevant provincial/district Social Insurance agencies (if any) to determine the specific reasons and implement as follows:

The provincial/district Social Insurance agency at the settlement location cancels the Decision on lump-sum social insurance benefits and adjusts the benefit level based on the consumer price index of each period (if any), and recovers the wrongly paid amount to the Social Insurance Fund.

After fully recovering the wrongly paid amount to the Social Insurance Fund, the provincial/district Social Insurance agency at the settlement location requests the cancellation of lump-sum social insurance benefits in the "Approval/Proposal for Canceling lump-sum social insurance benefits (query)" function on the attached Policy Approval (TCS) software, along with relevant documents: Decision to cancel the lump-sum social insurance benefits, receipt of payment, etc.

The recovery of wrongly paid social insurance benefits is carried out through bank transfer or direct deposit into the account of the provincial/district Social Insurance agency at the settlement location.

Within 2 working days from the date of receiving the request for cancellation and query of lump-sum social insurance benefit data from the provincial/district Social Insurance agency, the Information Technology Center (ITC) approves the cancellation of lump-sum social insurance benefit data on the TCS software under the "query" section. After obtaining the approval result on the software, the Social Insurance Regime department at the settlement location prepares a list according to the D16-TS template issued with Decision 948/QD-BHXH dated June 5, 2023 of Vietnam Social Insurance and transfers it to the Collection/Record Department to restore the participation process in social insurance and reissue or merge social insurance records for the workers as regulated. The restoration of the participation process in social insurance is only carried out for those who have received lump-sum social insurance benefits after fully recovering the wrongly paid amount to the Social Insurance Fund.

When discovering cases of lump-sum social insurance benefits not in accordance with the regulations handled by other provincial/district Social Insurance agencies, the provincial/district Social Insurance agency where the discovery was made notifies the settlement location through the TCS software.

The provincial/district Social Insurance agency at the settlement location performs inspections and reviews of cases that have received lump-sum social insurance benefits not in accordance with the regulations discovered by other provincial/district Social Insurance agencies reported on the TCS software and follows the instructions as follows:

In the case that the recipient does not comply with the regulations, the process is carried out as instructed at point (1.1).

In the case that the recipient is determined to comply with the regulations, the notification is sent back to the province/district that made the discovery through the TCS software.

During the period when the TCS software has not yet met the above-mentioned process, the provincial/district Social Insurance agency where the discovery was made sends a notification through the Document Management and Operations System (Eoffice) to the provincial/district Social Insurance agency at the settlement location to consider canceling the Decision on lump-sum social insurance benefits and carry out the process until the ITC upgrades and adjusts the TCS software according to the instructions in this document.

* At the beginning of the following month, a report on the results of the review and recovery of wrongly paid lump-sum social insurance benefits according to the Audit Report No. 702/TB-KTNN dated December 25, 2019, No. 702/TB-KTNN dated December 2, 2022 of the State Audit and other cases of recovery from the previous month as mentioned in point (1.1), using the templates in Appendix I, II attached to this document, is signed digitally on the TCS software.

(2) In cases where individuals are found to have multiple social insurance numbers or have paid social insurance contributions incorrectly (such as paying for the wrong target group or overlapping participation periods), and have received lump-sum social insurance benefits, the following actions shall be taken: cancel the Decision on benefits, recover the amount paid according to the regulations mentioned in point (1), and refund the incorrectly paid social insurance and unemployment insurance contributions. Additionally, the benefits for sickness, maternity, recovery, occupational accidents, occupational diseases, and additional health insurance arising from the incorrect payment of social insurance and unemployment insurance contributions shall also be recovered (if applicable).

(3) In cases where the misuse of judicial records is discovered to enter into labor contracts and participate in social insurance and unemployment insurance, the relevant provisions of the law (Labor Code, Civil Code), the guidance of competent authorities, and Vietnam Social Insurance shall be used as a basis for examination and handling according to the regulations.

(4) The directors of provincial and municipal Social Insurance agencies under the central management shall provide guidance and ensure the thorough implementation of the regulations by the departments and units involved, as well as the officials and employees, to minimize the cancellation of decisions and recovery of social insurance payments.

For more details, please refer to Official Dispatch 333/BHXH-CSXH dated February 5, 2024.

Ho Quoc Tuan

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