Is it possible to authorize another person to receive lump-sum social insurance allowances in Vietnam?

 Is it possible to authorize another person to receive lump-sum social insurance allowances in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Is it possible to authorize another person to receive lump-sum social insurance allowances in Vietnam?

According to the provisions of Clause 6 of Article 18 of the Law on Social Insurance 2014, if you participate in compulsory social insurance, if you do not receive your own pension or social insurance benefits, you can authorize others to receive pensions or social insurance allowances.

In addition, the authorization must have a power of attorney (according to form No. 13-HSB) or an authorization contract notarized or authenticated according to the provisions of law.

Thus, according to regulations, employees have the right to authorize others to receive their lump-sum social insurance allowances2.

Procedures for authorization to receive lump-sum social insurance allowances in Vietnam

Procedures for authorization to receive lump-sum social insurance allowances as prescribed in Decision 222/QD-BHXH 2021 are as follows:

Step 1: Submit application

The authorized person submits the Power of Attorney (form No. 13-HSB) or Authorization Contract to the social insurance agency or postal agency where payment is made; Present ID card or photo ID; Receive money and sign for payment on the Payment List or Payment Receipt.

Step 2: The social insurance agency receives the application and resolves it according to regulations.

3. What are the regulations on determining lump-sum social insurance allowance in Vietnam?

According to the provisions of Clause 2, Article 60 of the Law on Social Insurance 2014, the lump-sum social insurance allowance shall be calculated based on the number of years of social insurance premium payment; for each year of payment it must equal:

- 1.5 times the average monthly salary on which social insurance premiums are based, for the years of payment prior to 2014;

- 2 times the average monthly salary on which social insurance premiums are based for the years of payment since 2014;

- For a period of social insurance premium payment of under 1 year, the social insurance allowance must equal the paid premium amount but not exceed 2 times the average monthly salary on which social insurance premiums are based.

4. What are the conditions for one-time withdrawal of social insurance?

According to Article 60 of the Law on Social Insurance 2014, employees who participate in compulsory social insurance are entitled to a lump-sum social insurance allowance upon their request when falling in one of the following cases:

(1) Fully pensionable age as prescribed but less than 20 years of social insurance payment (or less than 15 years of social insurance payment for female employees who work full-time or part-time in communes, communes, and towns) and do not continue to participate in voluntary social insurance.

(2) Employees who participate in compulsory social insurance after one year of quitting their job and those who participate in voluntary social insurance after one year do not continue to pay social insurance but have less than 20 years of paying social insurance.

(3) They settle abroad;

(4) They get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health;

(5) In case an employee falls into one of the following cases, who are demobilized or cease working without being eligible for pension.

- Officers and professional soldiers of the People's Army; officers, professional non-commissioned officers, officers, technical non-commissioned officers of the People's Public Security; People who do cipher work are paid the same as soldiers;

- Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security serving for a limited period of time; Military, police, and cipher students studying are entitled to living expenses.

Nguyen Ngoc Que Anh

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