In an official dispatch sent to the Ministry of Labor, War Invalids and Social Affairs requesting to remove obstacles in resolving the one-time social insurance benefits for employees, Vietnam Social Security said that this unit received the records of employees who are eligible for one-time social insurance benefits according to the provisions of Article 60 of the Law on Social Insurance 2014 and Circular No. 18/2022/TT-BYT of the Ministry of Health.
These are cases of people suffering from one of the life-threatening diseases, such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, or people with diseases and disabilities that have reduced working capacity by 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.
Accordingly, there are cases that are simultaneously eligible for monthly pension, but have a request to receive one-time social insurance.
In reality, there are cases where the employer does not issue a decision to terminate the employment contract or a document terminating the employment contract, but instead issues a decision to retire and receive retirement benefits for the employee.
Vietnam Social Security said that Point a and Point b, Clause 1, Article 108 of the Law on Social Insurance 2014 stipulates that the pension benefit dossier for employees participating in compulsory social insurance who are eligible for pension benefits includes: Social insurance book and decision to quit work to receive pension benefits, or document terminating the labor contract to receive pension benefits.
Clause 1 and Clause 2, Article 109 of the Law on Social Insurance 2014 stipulate that the dossier for receiving one-time social insurance benefits includes: Social insurance book and application for one-time social insurance benefits of the employee.
Compared with the above regulations, the Social Insurance agency does not have enough basis to resolve the one-time social insurance benefits according to the wishes of the employee, because the decision to quit work and receive retirement benefits for the employee issued by the employer is still in effect.
To promptly resolve social insurance benefits for the above-mentioned employee and avoid complaints, Vietnam Social Security proposes that the Ministry of Labor, War Invalids and Social Affairs agree to resolve one-time social insurance benefits at the employee's request when the documents meet the regulations.
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