What is considered a violation of the conditions for receiving one-time social insurance benefits?

(Chinhphu.vn) - On August 5, 2024, the employee received a decision to receive a one-time social insurance payment. On August 10, 2024, this employee signed a contract and worked at the company, paying social insurance from August 2024. However, the social insurance agency issued an official dispatch to withdraw the one-time social insurance payment due to improper settlement.

Báo Chính Phủ•24/04/2025

Ms. Nguyen Hang asked, is this recall correct? What should the company do to support workers?

Regarding this issue, Vietnam Social Security responds as follows:

In Clause 1, Article 1 of Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly and Point b, Clause 1, Article 8 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the 2014 Law on Social Insurance on compulsory social insurance, it is stipulated that: Employees participating in compulsory social insurance after one year of leaving work but have not paid social insurance for 20 years and do not continue to pay social insurance but have a request, are entitled to receive a one-time social insurance benefit.

In the case where an employee has been granted a one-time social insurance benefit and then finds a job and pays social insurance in the same month , the Ministry of Labor, War Invalids and Social Affairs has provided guidance in Official Dispatch No. 4390/BLDTBXH-VBHXH dated September 19, 2024, specifically as follows: In the case where after the time of being granted a one-time social insurance benefit in accordance with regulations, the employee finds a job and pays social insurance, the conditions for receiving a one-time social insurance benefit as prescribed in Clause 1, Article 1 of Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly are not violated.

According to the information provided by Ms. Hang, the time for employees to receive one-time social insurance is August 5, 2024, then sign a labor contract and work, pay social insurance from August 10, 2024 (after the time for receiving one-time social insurance). Compared with the instructions in Official Dispatch No. 4390/BLDTBXH-VBHXH mentioned above, the employee does not violate the conditions for receiving one-time social insurance as prescribed in Clause 1, Article 1 of Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly.

Therefore, in the case of Ms. Hang's question, the company instructed the employee to contact the Social Insurance agency where the one-time Social Insurance benefit is received and provide the labor contract for settlement.

Government.vn

Source: https://baochinhphu.vn/the-nao-bi-coi-vi-pham-dieu-kien-huong-bhxh-mot-lan-102250421104533759.htm