Are workers of labor export entitled to one-time social insurance in Vietnam?

Are workers of labor export entitled to one-time social insurance in Vietnam? (Illustration)

As can be seen, the employment contract between you and the old company is a definite-term contract according to Point b, Clause 1, Article 20 of the Labor Code 2019. Therefore, you are required to pay social insurance premiums according to the provisions of the Point a, Clause 1, Article 2 of the Law on Social Insurance 2014.

In Clause 1, Article 60 of the Law on Social Insurance 2014, Clause 1, Article 8 of Decree 115/2015/ND-CP and Clause 1, Article 1 of Resolution 93/2015/QH13, it is stipulated that employees are entitled to social insurance upon meeting the requirements in one of the following cases:

• Having reached the prescribed retirement age but having not yet paid the full 20 years of social insurance payment.
• Female employees working full-time or part-time in communes, wards, and townships have reached the retirement age but have not paid the full 15 years of social insurance premiums when they retire and do not continue to participate in voluntary social insurance.
• Going abroad to settle down
• People suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases as prescribed by the Ministry of Health.
• The employees specified at Points DD and EE, Clause 1, Article 2 of the Law on Social Insurance when serving, demobilizing, or resigning, are ineligible for pension enjoyment.
• After one year of leaving work but less than 20 years of paying social insurance premiums and not continuing to pay social insurance premiums.

Thus, if you do not fall into the above special cases, you will be entitled to one-time social insurance after one year of leave and less than 20 years of paying social insurance premiums. Then, after a year off from work, you can apply for a one-time social insurance benefit.

Application for one-time social insurance benefits in Vietnam

Implemented according to Point 1.2.3, Clause 1, Article 6 of Vietnam's  Decision 166/QD-BHXH dated January 31, 2019, including:

- Social insurance book;

- An application form made according to form No. 14-HSB;

- In the case of suffering from life-threatening diseases, a copy or summary of the medical record or a record of assessment of the decrease in occupational capacity of the Medical Treatment Council is required.

-  In the case of payment of the inspection fee, there must be an invoice and receipt of the assessment fee together with the original list of the contents of the facility performing the inspection.

Procedures for one-time social insurance benefits in Vietnam

(1) Fill out an application:

The employee prepares a set of documents mentioned above and submits the application to the social insurance agency at the place of residence in the following forms:

• Via e-transactions: employees register to receive authentication codes and send electronic documents to the Vietnam Social Insurance Portal or through I-VAN (if they have registered to use I-VAN services). In the event that paper documents are not converted to electronic format, all paper dossiers shall be sent to the social insurance agency via the public postal service.
• Through the public postal service
• Directly at the social insurance agency.

(2) The social insurance agency receives the dossier and settles it according to the provisions of Article 7 of Decision 166.

Settlement deadline: 05 working days from the date the social insurance agency receives the complete dossier as prescribed.

(3) Return the result:

Employees receive settlement results, including:

- Relevant documents: in the registered form (directly at the social insurance agency or through the public postal service or via electronic transactions);

- Allowance:

• Directly at the social insurance agency, through the public postal service, or through a personal account;
• In the case of authorizing another person to receive the payment on behalf of another person, comply with the procedures for "authorization to receive social insurance and unemployment benefits" or the original of the authorization contract as prescribed by law in Vietnam.

Bao Ngoc

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