Application for survivorship allowance benefits under compulsory social insurance in Vietnam from July 1, 2024

Application for survivorship allowance benefits under compulsory social insurance in Vietnam from July 1, 2024 (Image from the Internet)

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

1. Application for survivorship allowance benefits under 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 benefits for the relatives of individuals participating in social insurance or preserving their social insurance contribution period in Vietnam includes:

Social insurance book;

Copy of the death certificate or extract of the death record or copy of the death notification or copy of the court decision declaring the person as deceased;

Declaration of the relative;

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

Assessment report of the medical assessment council on the reduction of labor capacity or a copy of the certificate of severe disability showing the conclusion of the medical assessment council clearly stating the percentage of labor capacity reduction for relatives with a reduction in labor capacity of 81% or more.

- application for survivorship allowance benefits for relatives of individuals receiving a pension or temporarily suspended pension or monthly work-related accident or occupational disease allowance who have stopped working includes:

+ Copy of the death certificate or extract of the death record or copy of the death notification or copy of the court decision declaring the person as deceased;

+ Declaration of the relative;

+ Assessment report of the medical assessment council on the reduction of labor capacity or a copy of the certificate of severe disability showing the conclusion of the medical assessment council clearly stating the percentage of labor capacity reduction for relatives with a reduction in labor capacity of 81% or more.

- Application for claiming burial allowance in case of only being eligible for burial allowance includes:

- Social insurance book, except for individuals receiving a pension, monthly allowance;

- Copy of the death certificate or extract of the death record or copy of the death notification or copy of the court decision declaring the person as deceased;

- Declaration of the organization or individual managing the burial.

2. Instructions for settling survivorship allowance benefits under compulsory social insurance in Vietnam from July 1, 2024

The settlement of survivorship allowance benefits under social insurance in Vietnam is specifically regulated in Article 91 of the Law on Social Insurance 2024 as follows:

- Within 90 days from the date the individual preserving their social insurance contribution period, the individual receiving a pension or temporarily suspended pension, monthly work-related accident or occupational disease allowance dies, the relative or organization, individual managing the burial submits the application as stipulated in Article 90 of the Law on Social Insurance 2024 to the social insurance agency.

- Within 90 days from the date the individual participating in compulsory social insurance dies, the relative or organization, individual managing the burial submits the application as stipulated in Article 90 of the Law on Social Insurance 2024 to the employer.

Within 30 days from the date of receiving the complete application from the relative of the employee, the employer is responsible for submitting the application to the social insurance agency.

- Within 10 working days from the date of receiving the complete application as stipulated, the social insurance agency is responsible for processing; if not processed, a written response stating clear reasons must be provided.

More details can be found in the Law on Social Insurance 2024 effective from July 1, 2025.

The Law on Social Insurance 2014 and Resolution 93/2015/QH13 on the implementation of lump-sum social insurance policies for employees cease to be effective in Vietnam from the date the Law on Social Insurance 2024 comes into effect.

Vo Tan Dai

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