Latest regulations on dossier for enjoyment of the survivorship allowance benefits in Vietnam

Latest regulations on dossier for enjoyment of the survivorship allowance benefits in Vietnam (Internet image)

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

1. Latest regulations on dossier for enjoyment of the survivorship allowance benefits in Vietnam

Dossier for enjoyment of the survivorship allowance benefits under Article 111 of the Law on Social Insurance 2014 is as follows:

- For persons paying social insurance premiums or persons having their period of social insurance premium payment reserved, a dossier for enjoyment of the survivorship allowance benefits must comprise:

+ The social insurance book;

+ A copy of the death certificate or death notice or a copy of the court's legally effective decision on the death declaration;

+ The dead person’s relatives’ declaration and the minutes of their meeting, for those eligible for monthly allowance but choosing a lump-sum allowance;

+ The investigation record of the occupational accident; for persons getting a traffic accident identified as a occupational accident, a record of the traffic accident or a record of the scene examination and the accident scene plan as specified in Clause 2, Article 104 of the Law on Social Insurance 2014 are required; or a copy of the medical record of occupational disease treatment, for persons who die of an occupational disease;

+ A written record of assessment of the working capacity decrease, for relatives who suffer a working capacity decrease of 81% or more.

- For persons currently enjoying or persons suspended from enjoying pension or monthly occupational accident or occupational disease allowance, a dossier for enjoyment of the survivorship allowance benefits must comprise:

+ A copy of the death certificate or death notice or the court's legally effective decision on death declaration;

+ The dead person’s relatives’ declaration and the minutes of their meeting, for those eligible for monthly allowance but choosing to receive a lump- sum allowance;

+ A written record of assessment of the working capacity decrease, for relatives who suffer a working capacity decrease of 81% or more.

2. Time limit for settlement of the survivorship allowance benefits in Vietnam

The time limit for settlement of the survivorship allowance benefits according to Article 112 of the Law on Social Insurance 2014 is as follows:

- Within 90 days after the death of a person having his/her period of social insurance premium payment reserved, a person covered by voluntary social insurance or a person on pension or monthly occupational accident or occupational disease allowance, his/her relative shall submit the dossier specified in Article 111 of the Law on Social Insurance 2014 to the social insurance agency.

Within 90 days after the death of a person currently paying compulsory social insurance premiums, his/her relative shall submit the dossier specified in Clause 1, Article 111 of the Law on Social Insurance 2014 to the employer.

- Within 30 days after of the Law on Social Insurance 2014of this Law to the social insurance agency.

- Within 15 days after receiving a complete dossier, the social insurance agency shall settle the survivorship allowance benefits and make payment to the employee’s relative; or issue a written reply stating the reason for its refusal to settle the benefits.

3. Levels of lump-sum survivorship allowance in Vietnam

Levels of lump-sum survivorship allowance in Vietnam under Article 70 of the Law on Social Insurance 2014 is as follows:

- The lump-sum survivorship allowance for relatives of employees who are paying social insurance premiums or of employees who have their period of social insurance premium payment reserved shall be calculated based on the number of years of social insurance premium payment;

For each year of payment, these relatives are entitled to 1.5 times the average monthly salary on which social insurance premiums are based, for the years of payment prior to 2014; or to 2 times the average monthly salary on which social insurance premiums are based, for the years of payment since 2014.

The lowest level must equal 3 times the average monthly salary on which social insurance premiums are based. The average monthly salary on which social insurance premiums are based used as a basis for calculation of the lump-sum survivorship allowance shall be determined under Article 62 of the Law on Social Insurance 2014.

- The lump-sum survivorship allowance for relatives of dead pensioners shall be calculated based on the period of pension enjoyment; if pensioners die within the first 2 months of pension enjoyment, the allowance must equal 48 months’ current pension;

If pensioners die in subsequent months, the allowance shall be reduced by half a month’s pension for each additional month of pension enjoyment; the lowest allowance level must equal 3 months’ current pension.

- The statutory pay rate used for calculating the lump-sum survivorship allowance is the statutory pay rate of the month in which the persons defined in Clause 1 or 3, Article 66 of the Law on Social Insurance 2014 die.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE