Vietnamese
Many employees choose to get the lump-sum payment of social insurance benefits instead of paying social insurance in the long time to get pension. However, not all the employees can get the lump-sum payment of social insurance benefits after leaving jobs.
Pursuant to the Law on Social Insurance 2014 and Resolution No. 93/201/QH13, the cases who are not allowed to get the lump-sum of social Insurance benefits are as follows:
1. Employee having social insurance payment period of less than 20 years, not full 1 year after leaving their jobs
In accordance with Clause 1, Article 1, Resolution No. 93/2015/QH13, one year after leaving jobs, employees participating in compulsory social insurance, whose social insurance payment period is less than 20 years will be entitled to receive lump-sum social insurance benefits.
Employees will not be entitled to receive lump-sum social insurance benefits if leaving job under 01 year although participating in compulsory social insurance less than 20 years.
However, Clause 1, Article 60, Law on Social Insurance 2014 prescribes that employees are entitled to a lump-sum social insurance allowance in one of the following cases:
- They have reached the retirement age.
- They settled abroad.
- They get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other conditions as prescribed by the Ministry of Health;
- Officers and professional army men of the people's army, non-commissioned officers, and soldiers of the people’s army.
2. Employees participating in compulsory social insurance over 20 years
Pursuant to Clause 1, Article 1, Resolution No. 93/2015/QH13 and Point a, Clause 1, Article 60, Law on Social Insurance 2014, employees can only get the lump-sum social Insurance allowance when participating in compulsory social Insurance less than 20 years.
Therefore, employees participating for over 20 years must wait for receiving a monthly pension and are not entitled to a lump-sum social insurance allowance.
However, Clause 1, Article 60, Law on Social Insurance 2014 prescribes that employees are entitled to a lump-sum social insurance allowance in one of the following cases:
- They settled abroad.
- They get a fatal diseases, 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;
3. Female in communes participates in social insurance premiums for full 15 years
Pursuant to Point a, Clause 1, Article 60, Law on Social Insurance 2014, female employees who are full-time or part-time staff in communes, wards or townships, and cease working after having paid social insurance premiums for between full 15 years and do not continue paying voluntary social insurance premium are entitled to lump-sum social insurance premiums.
However, Clause 1, Article 60, Law on Social Insurance 2014 prescribes that employees are entitled to a lump-sum social insurance allowance in one of the following cases:
- They settled abroad.
- They get a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other conditions as prescribed by the Ministry of Health;
4. Officers, professional army men of the people's army cease working and are entitled to pension
In accordance with Point d, Clause 1, Article 60, Law on Social Insurance 2016, officers and professional army men of the people's army cease working and are not entitled to pension can get lump-sum social insurance premium if required.
However, employees are entitled to a lump-sum social insurance allowance as the cases in (2) and (3) in one of the following cases:
- They settled abroad.
- 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.
Here are 04 cases not entitled to the lump-sum social insurance premium payment.
