Vietnam Social Security issued Official Dispatch 1880/BHXH-CSXH on implementing social insurance regime for employees at units that have not paid enough social insurance.
Accordingly, in case employees working at employers who have not paid enough social insurance, they will be entitled to receive one-time social insurance benefits as follows:
(1) For beneficiaries as prescribed in Point b, c Clause 1 Article 60 of the Law on Social Insurance 2014:
- Resolve one-time social insurance benefits for actual social insurance payment period.
- In case the unpaid social insurance amount is later compensated by another unit or financial source, the one-time social insurance supplement will be resolved according to the instructions in clause (5) below.
(2) For beneficiaries as prescribed in Point a, Clause 1, Article 60 of the 2014 Law on Social Insurance who have not paid social insurance for 20 years (including the period of time when social insurance premiums have not been paid), the case shall be resolved as in the case in Clause (1) above.
(3) For beneficiaries under Resolution 93/2015/QH13 who have not paid social insurance for 20 years (including the period of time when social insurance has not been paid), the case will be resolved as in the case in Clause (1) above.
Determining the employee after one year of unemployment to serve as a basis for considering the conditions for receiving one-time social insurance according to the provisions of Clause 1, Article 1 of Resolution 93/2015/QH13, based on the last time of unemployment before the employee requests to receive one-time social insurance.
(4) When the unpaid social insurance premium is compensated by another unit or financial source, the social insurance agency will record and reserve the entire additional payment period.
In case the employee continues to participate in social insurance, the additional payment period mentioned above will be added to the period of continued social insurance participation later to calculate the social insurance benefits.
(5) In case the unpaid social insurance amount is compensated by another unit or financial source and the employee requests to receive one-time social insurance for the additional payment period, the social insurance agency shall aggregate the previously settled period with the additional payment period to re-determine the recalculated benefit level corresponding to the previously calculated one-time social insurance payment period, including the rounded period (if any) to make additional payment to the employee.
(6) To ensure the long-term social insurance benefits of employees, one-time social insurance benefits have not been settled for cases with 20 years or more of social insurance payment (including the period of time when social insurance has not been paid), except for the cases specified in Points b and c, Clause 1, Article 60 of the Social Insurance Law 2014.
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