Settlement of survivor benefits for employees at units that have not fully paid social insurance in Vietnam

Settlement of survivor benefits for employees at units that have not fully paid social insurance in Vietnam
Lê Trương Quốc Đạt

On June 21, 2023, Vietnam Social Security issued Official Dispatch 1880/BHXH-CSXH on the implementation of the social insurance regime for employees at units that have not fully paid social insurance, including guidance on settlement of survivor benefits for employees at units that have not fully paid social insurance.

Settlement of survivor benefits for employees at units that have not fully paid social insurance in Vietnam

- Settlement of funeral allowance for the person taking care of the funeral when the employee has actually paid compulsory social insurance for 12 months or more as prescribed in Clause 1, Article 66 of the Law on Social Insurance 2014 or the total time of payment of compulsory social insurance and voluntary social insurance for full 60 months or more as prescribed in Clause 1, Article 80 of the Law on Social Insurance 2014 (excluding the time when social insurance premiums have not been paid).

- Settlement of monthly survivor allowance for relatives of employees who have actually paid compulsory social insurance premiums for 15 years or more (excluding the time when social insurance premiums have not been paid) according to the provisions of Point a, Clause 1, Article 67 of the Law on Social Insurance 2014 and have relatives who are eligible for monthly survivor allowance but do not choose to receive a lump-sum survivor allowance.

The time to enjoy the monthly survivor allowance shall comply with the provisions of Clause 3, Article 68 of the Law on Social Insurance 2014.

- Settlement of one-time survivor allowance for the following cases:

+ The employee has not had 15 years of payment of compulsory social insurance according to the provisions of Clause 1, Article 69 of the Law on Social Insurance 2014 (including the time when the social insurance premium has not been paid);

+ Employees who have actually paid compulsory social insurance premiums for 15 years or more (excluding the time when social insurance premiums have not been paid) and their relatives who are eligible for the monthly survivor allowance wish to receive a lump-sum survivor allowance according to the provisions of Clause 3, Article 69 of the Law on Social Insurance 2014.

+ Employees who have paid compulsory social insurance premiums for full 15 years or more (including the time when social insurance premiums have not been paid) and their relatives who are eligible for the monthly survivor allowance wish to receive a lump-sum survivor allowance according to the provisions of Clause 3, Article 69 of the Law on Social Insurance 2014.

+ Employees who have paid compulsory social insurance for the full 15 years or more (including the time when social insurance premiums have not been paid) and have no relatives eligible for monthly survivor allowance as prescribed in Clause 2, Article 67 of the Law on Social Insurance 2014.

+ Employees who have paid compulsory social insurance for a full 15 years or more (excluding the time when social insurance premiums have not been paid) and have no relatives eligible for monthly survivor allowance as prescribed in Clause 2, Article 67 of the Law on Social Insurance 2014.

When the unpaid social insurance premium is compensated by the unit or other financial source, the settlement of the additional lump-sum survivor allowance is similar to the case of one-time social insurance enjoyment mentioned above and specified in Item dd, point 2.2, clause 2 of Official Dispatch 1880/BHXH-CSXH in 2023.

- Not considering the settlement of the survivor allowance in case the employee has a total period of payment of compulsory social insurance of 15 years or more (in which the actual time of paying compulsory social insurance is less than 15 years), has qualified relatives, and applies for a monthly survivor allowance.

More details can be found in Official Dispatch 1880/BHXH-CSXH in 2023.

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