Cases of eligibility for lump-sum survivorship allowance in Vietnam 2023

Cases of eligibility for lump-sum survivorship allowance in Vietnam 2023

Pursuant to Article 69 of the Law on Social Insurance 2014, when the persons defined in Clauses 1 and 3, Article 66 of the Law on Social Insurance 2014, who fall in one of the following cases, die, their relatives are entitled to a lump-sum survivorship allowance:

- They do not fall in the cases specified in Clause 1, Article 67 of the Law on Social Insurance 2014;

- They fall in one of the cases specified in Clause 1, Article 67 of the Law on Social Insurance 2014 but have no relative eligible for the monthly survivorship allowance as defined in Clause 2, Article 67 of the Law on Social Insurance 2014;

- Their relatives who are entitled to the monthly survivorship allowance as defined in Clause 2, Article 67 of the Law on Social Insurance 2014 wish to receive a lump-sum survivorship allowance, except under-6 children, children or spouses suffering a working capacity decrease of 81% or more;

- For employees who die without any relatives as defined in Clause 6, Article 3 of the Law on Social Insurance 2014, the lump-sum survivorship allowance must comply with the law of inheritance.

Cases of eligibility for lump-sum survivorship allowance in Vietnam 2023 (Internet image)

Cases eligible for monthly survivorship allowance in Vietnam 2023

Cases eligible for monthly survivorship allowance in Vietnam 2023 are specified in Article 67 of the Law on Social Insurance 2014 as follows:

- When the persons defined in Clauses 1 and 3, Article 66 of the Law on Social Insurance 2014, who fall in one of the following cases, die, their relatives are entitled to a monthly survivorship allowance:

+ They have paid social insurance premiums for at least full 15 years but have not yet received a lump-sum social insurance allowance;

+ They are on pension;

+ They die of a occupational accident or an occupational disease;

+ They are on monthly occupational accident or occupational disease allowance for their working capacity decrease of 61% or more.

- Relatives of the persons defined in Clause 1 of Article 67 of the Law on Social Insurance 2014 who are entitled to a monthly survivorship allowance include:

+ Children aged under 18 years; children aged full 18 years or older who suffer a working capacity decrease of 81% or more; or children whose father died while they are in the womb.

+ Wives aged full 55 years or older or husbands aged full 60 years or older; wives aged under 55 years or husbands aged under 60 years who suffer a working capacity decrease of 81% or more;

+ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are full 60 years or older, for men, or full 55 years or older, for women;

+ Natural fathers, natural mothers, fathers-in-law, mothers-in-law, or other family members whom the insured are obliged to nurture in accordance with the law on marriage and family, who are under 60 years old, for men, or under 55 years old, for women, and suffer a working capacity decrease of 81% or more.

- To enjoy a monthly survivorship allowance, relatives defined at Points b, c and d, Clause 2 of Article 67 of the Law on Social Insurance 2014 must have no income or have monthly income lower than the statutory pay rate. Incomes referred to in the Law on Social Insurance 2014 are exclusive of allowances provided under the law on preferential treatment for people with meritorious services to the country.

- The time limit for requesting an assessment of working capacity decrease for enjoyment of a monthly survivorship allowance is specified as follows:

+ Within 4 months from the insured's death, his/her relative shall file a written request;

+ Within 4 months before or after the expiration of the time limit for the relative defined at Point a, Clause 2 of Article 67 of the Law on Social Insurance 2014 to enjoy allowance under regulations, he/she shall file a written request.

Mai Thanh Loi

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