Readers ask: I am 58 years old this year, have paid compulsory social insurance for 33 years, am not yet old enough to receive pension but my health is currently poor so I cannot work, and am waiting for a decision to quit my job. Readers wonder, in this case, is it possible to receive unemployment insurance (UI) for 12 months and then apply for a one-time SI payment?
Vietnam Social Security officers advise employees on one-time social insurance benefits.
Vietnam Social Security replied:
Regarding conditions for receiving one-time social insurance benefits:
In Clause 1, Article 8 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government and Article 1 of Circular No. 18/2022/TT-BYT dated December 31, 2022 amending Article 4 of Circular No. 56/2017/TT-BYT dated December 29, 2017 of the Ministry of Health, it is stipulated that employees who have a request are entitled to receive one-time social insurance if they fall into one of the following cases:
- Reaching the retirement age as prescribed but not having paid social insurance for 20 years or according to the provisions of Clause 3, Article 54 of the Law on Social Insurance but not having paid social insurance for 15 years and not continuing to participate in voluntary social insurance;
- After one year of unemployment without having paid social insurance for 20 years and not continuing to pay social insurance;
- Go abroad to settle down;
- In addition to the case of being suffering from one of the life-threatening diseases such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS as prescribed in Point c, Clause 1, Article 60 of the Law on Social Insurance; people with diseases and disabilities that have a labor capacity reduction of 81% or more and cannot control or perform activities to serve their daily personal needs and need someone to monitor, assist, and take complete care of them.
* Conditions for unemployment benefits:
According to the provisions of Article 49 of the Law on Employment and its guiding documents, employees specified in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet the following conditions:
- Termination of labor contract or work contract, except in the following cases: (a) Employee unilaterally terminates labor contract or work contract illegally; (b) Receiving monthly pension or disability allowance;
- Having paid unemployment insurance for at least 12 months within 24 months before terminating the labor contract or work contract in the cases specified in Point a and Point b, Clause 1, Article 43 of this Law; having paid unemployment insurance for at least 12 months within 36 months before terminating the labor contract in the cases specified in Point c, Clause 1, Article 43 of this Law;
- Have submitted an application for unemployment benefits at the employment service center within 03 months from the date of termination of the labor contract or employment contract.
- Not finding a job after 15 days from the date of submitting the application for unemployment insurance, except in the following cases: a) Performing military service or police service; b) Studying for a term of 12 months or more; c) Complying with a decision to apply measures to send to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; d) Being detained; serving a prison sentence; e) Settling abroad; working abroad under a contract; e) Death.
One-time social insurance and unemployment benefits are two different social security regimes. To receive one-time social insurance, readers only need to meet one of the conditions specified in Clause 1, Article 8 of Decree 115/2015/ND-CP; to receive unemployment insurance, readers must meet the conditions specified in Article 49 of the Law on Employment. Receiving one-time social insurance is not related to readers receiving unemployment benefits.
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