Enjoy one-time social insurance benefits

I. GENERAL PROVISIONS

1. Definition:

The one-time social insurance regime (hereinafter referred to as "one-time SI") is a regime of paying a certain amount of money to employees who have paid social insurance but do not continue to participate in social insurance and are not eligible for pension benefits.

2. Conditions for enjoyment:

According to Points a and b, Clause 1, Article 8 of Decree No. 115/2015/ND-CP and Article 60 of Law on Social Insurance 2014, cases of receiving one-time social insurance include:

• Enough age to enjoy pension according to regulations (full 60 years and 3 months for male employees and full 55 years and 4 months for female employees) but less than 20 years of social insurance payment (or less than 15 years of social insurance payment for women employees who work full-time or part-time in communes, wards, towns) and do not continue to participate in voluntary social insurance; 
• Go abroad to settle;
• People suffering from life-threatening diseases such as cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV that has progressed to AIDS and other diseases according to regulations of the Ministry of Health;

In case of illness, one-time SI benefits are guided in Circular No. 56/2017/TT-BYT (amended in Circular No. 18/2022/TT-BYT) as follows:

In addition to cases of suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to the AIDS stage specified in Point c, Clause 1, Article 60 of Law Social Insurance 2014, people with diseases and disabilities have a working capacity reduction of 81% or more and cannot self-control or cannot independently perform activities to serve their personal daily living demands that need someone to monitor, assist, and take care of them to fully enjoy one-time SI.

• In case employees fall into one of the following cases, when serving, demobilizing, or quitting their job, they are not eligible to receive 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.
• People participating in compulsory SI after 01 year of quitting their job or participating in voluntary SI after 01 year of not continuing to pay but less than 20 years of paying SI.

Employees participating in SI in one of the above cases can send a request to the SI authority to receive one-time SI in accordance with law.

* In case employees cannot receive one-time SI immediately:

Employees who participate in compulsory SI and fall into the following 4 cases will not receive one-time SI immediately, including:

• Employees quit their job for less than 1 year when they do not continue to participate in voluntary SI.
• Employees who reach retirement age and have paid social insurance for 20 years will not receive one-time SI but will receive a pension in accordance with law.
• Employees with illnesses that are not serious (cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV infection progressing to AIDS)
• Employee cannot prove that he/she is residing abroad, unless he/she meets other conditions specified in Clause 1, Article 60 of Law on Social Insurance 2014.

Thus, not all SI participants will be entitled to one-time SI benefits. Participants falling into 1 of the 4 cases mentioned above when sending a request to the SI authority will not have their application processed. Documents and procedures for enjoying one-time SI in accordance with law.

3. One-time SI benefit:

In case of participating in compulsory SI:

The one-time SI benefit is calculated based on the number of years of SI payment, each year is calculated as follows:

• 1.5 months of average monthly salary paid for SI for years of payment before 2014;
• 02 months of average monthly salary paid for SI for years of payment from 2014 onwards;
• In case the period of SI payment is less than 01 year, the one-time SI benefit is calculated as 22% of the monthly salary paid for SI, the maximum level is equal to 02 months of the average monthly salary paid for SI.  

Particularly for employees who are 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; For military, police, and cipher students who are studying and are entitled to living expenses and have SI for less than one year, the SI benefit level is equal to the amount paid, the maximum level is equal to 02 months of the average monthly salary paid for SI.

In case of participating in voluntary SI:

The one-time SI benefit is calculated based on the number of years of SI payment, each year is calculated as follows: 

• 1.5 months of average monthly income paid for SI for years of payment before 2014;
• 02 months of average monthly income paid for SI for years of payment from 2014 onwards;
• In case the SI payment period is less than one year, the SI benefit level is equal to the amount paid, the maximum level is equal to 02 months of the average monthly income paid for SI. 

II. GIA LUAT’S SERVICES

• Consulting on regulations on one-time social insurance benefits;
• Preparing documents to submit to the social insurance authority;
• Representing Valued Customers to work and submit documents to the social insurance authority;
• Representing Valued Customers to receive the results of policy approval from the social insurance authority.

Above are the contents related to the provisions of law on enjoying one-time social insurance benefits. If you have any questions, please contact Gia Luat for the best support.