What workers need to know

What regulations should employees be aware of regarding withdrawing their social insurance contributions in a lump sum upon leaving their job? - Reader Ngoc Toan

Can I withdraw my 2023 Social Insurance (BHXH) benefits in a lump sum?

Based on the provisions of the 2014 Social Insurance Law and related guiding regulations, social insurance is a guarantee that replaces or compensates a portion of the income of employees when they experience a reduction or loss of income due to illness, maternity, work accidents, occupational diseases, reaching retirement age, or death, based on contributions to the social insurance fund.

Among these, a lump-sum social insurance payment is one of the benefits that employees will receive when they meet the conditions stipulated by law.

Accordingly, employees who request it are entitled to a lump-sum social insurance payment if they fall into one of the following categories:

- Having reached the retirement age as stipulated by law but not yet having contributed to social insurance for 20 years;

Or female workers who are full-time or part-time employees at the commune, ward, or town level, participating in social insurance and reaching the retirement age as prescribed, but have not yet contributed to social insurance for 15 years and do not continue to participate in voluntary social insurance.

- After one year of unemployment without having accumulated 20 years of social insurance contributions and without continuing to pay social insurance;

- To go abroad to settle down;

- Individuals suffering from life-threatening diseases such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases as defined by the Ministry of Health ;

- Employees who fall into one of the following categories upon demobilization, discharge from military service, or termination of employment and do not meet the conditions for receiving a pension:

+ Officers and professional soldiers of the People's Army; officers, non-commissioned officers, and technical specialists of the People's Public Security; and personnel working in cryptography who receive salaries equivalent to those of military personnel;

+ Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security serving for a fixed term; and military, police, and intelligence trainees currently studying are entitled to living allowances.

How long after quitting a job can I withdraw my social insurance contributions in a lump sum?

Clause 1, Article 1 of Resolution 93/2015/QH13 stipulates that employees are entitled to retain their social insurance contribution period to qualify for a pension, ensuring their livelihood after reaching retirement age as prescribed by the 2014 Social Insurance Law.

In the case of employees who participate in compulsory social insurance and then leave their jobs after one year, or those who participate in voluntary social insurance and then cease paying social insurance contributions after one year, and who have not yet accumulated 20 years of social insurance contributions, they are entitled to receive a lump-sum social insurance payment upon request.

Therefore, employees who participate in compulsory social insurance and then quit their job after one year, but have not yet accumulated 20 years of social insurance contributions, are entitled to receive a lump-sum social insurance payment if they request it.

What documents are needed to withdraw social insurance contributions in a lump sum? Where should I submit them?

Employees submit a set of documents requesting a lump-sum social insurance benefit to the social insurance agency (at the district or provincial level) where they reside to have their benefits processed according to regulations; the documents include:

- Application for a one-time social insurance benefit;

- Social insurance book;

Please note that when going through the procedures, employees need to bring their identity card or citizen's identification card to present upon request.

How much money will I receive if I withdraw my social insurance contributions in a lump sum in 2023?

The lump-sum social insurance benefit is calculated based on the number of years of social insurance contributions, with each year calculated as follows:

- 1.5 months of the average monthly salary used for calculating social insurance contributions for the years prior to 2014;

- The average monthly salary used for calculating social insurance contributions for two months, covering the years of contributions from 2014 onwards.

- In cases where the social insurance contribution period is less than one year, the social insurance benefit is calculated at 22% of the monthly salaries on which social insurance contributions were paid, with a maximum amount equal to two months of the average monthly salary on which social insurance contributions were paid.

Note: When calculating the lump-sum social insurance benefit in cases where the social insurance contribution period includes odd months, 1 to 6 months are counted as half a year, and 7 to 11 months are counted as one year.

Can I withdraw my social insurance contributions in a lump sum if I quit my job without notice?

Based on the above regulations, it can be seen that in the case of an employee participating in compulsory social insurance who, after one year of leaving their job, has not yet accumulated 20 years of social insurance contributions, they are entitled to withdraw their social insurance contributions in a lump sum upon request, regardless of whether their resignation was lawful or unlawful.

How long do I need to contribute to social insurance before I can withdraw my contributions in a lump sum?

According to the regulations mentioned above, employees are entitled to withdraw their social insurance contributions in a lump sum if they have contributed to social insurance for less than 20 years and have been unemployed for one year without continuing to contribute to social insurance.

If an employee has reached retirement age, they can withdraw their social insurance contributions in a lump sum if they do not meet the conditions for receiving a pension and do not continue to participate in voluntary social insurance.

In addition, employees can withdraw their social insurance contributions in a lump sum if they emigrate or suffer from a life-threatening illness, as stipulated by regulations,...

Source: https://baoquocte.vn/quy-dinh-huong-bhxh-1-lan-moi-nhat-nguoi-lao-dong-can-biet-239315.html