Solving one-time social insurance benefits for employees at units that have not paid enough social insurance

The Vietnam Social Security (BHXH) issued Official Letter 1880/BHXH-CSXH regarding the implementation of social insurance benefits for employees in units that have not paid sufficient social insurance contributions.

Accordingly, in cases where employees working at employers who have not paid sufficient social insurance contributions, they will be entitled to a lump-sum social insurance payment as follows:

(1) For beneficiaries as prescribed in Points b and c, Clause 1, Article 60 of the 2014 Social Insurance Law:

- Processing lump-sum social insurance benefits based on the actual period of social insurance contributions.

- In the following case, if the unpaid social insurance contributions are subsequently paid by the unit or other financial sources, then a one-time supplementary social insurance payment will be processed according to the instructions in clause (5) below.

Giải quyết hưởng BHXH một lần cho NLĐ tại các đơn vị chưa đóng đủ BHXH ảnh 1

(2) For beneficiaries as prescribed in Point a, Clause 1, Article 60 of the 2014 Social Insurance Law who have not yet contributed to social insurance for 20 years (including the period of not having paid social insurance contributions), the case shall be resolved as in the case in Clause (1) above.

(3) For beneficiaries under Resolution 93/2015/QH13 who have not yet contributed to social insurance for 20 years (including the period of not having paid social insurance contributions), the case shall be resolved as in the case in clause (1) above.

Determining the eligibility of an employee after one year of unemployment, as stipulated in Clause 1, Article 1 of Resolution 93/2015/QH13, is based on the date of their last day of employment before they request a lump-sum social insurance payment.

(4) When the unpaid social insurance contributions are paid by the unit or other financial sources, the social insurance agency will record and retain the entire period of supplementary contributions.

If the employee continues to participate in social insurance, the aforementioned additional contribution period will be added to the subsequent period of continued social insurance participation to calculate 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 calculate the previously resolved time together 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 time (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 will not be granted to cases with a social insurance contribution period of 20 years or more (including periods of non-payment of social insurance contributions), except for cases specified in Points b and c, Clause 1, Article 60 of the 2014 Social Insurance Law.

Nguoi Lao Dong Newspaper

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