Workers need to know

What regulations should employees pay attention to when withdrawing social insurance one time when leaving work? - Reader Ngoc Toan

Quy định hưởng BHXH 1 lần mới nhất: Người lao động cần biết

Can social insurance (SI) 2023 be withdrawn at once?

Pursuant to the provisions of the Law on Social Insurance 2014 and related guiding regulations, social insurance is a guarantee to replace or partially compensate employees' income when they have reduced or lost income due to illness, maternity, work-related accidents, occupational diseases, retirement age or death, based on contributions to the social insurance fund.

In which, one-time social insurance is one of the regimes that employees will enjoy when meeting the conditions prescribed by law.

Accordingly, employees who request are entitled to receive one-time social insurance if they fall into one of the following cases:

- Old enough to receive pension according to regulations but not yet paid social insurance for 20 years;

Or female workers who are full-time or part-time workers in communes, wards and towns participating in social insurance and are of retirement age according to regulations but have not paid social insurance for 15 years and do not continue to participate in voluntary social insurance.

- After one year of leaving work without having paid social insurance for 20 years and not continuing to pay social insurance;

- Go abroad to settle;

- People who are suffering from one of the life-threatening diseases such as cancer, paralysis, cirrhosis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health ;

- Employees in one of the following cases when demobilized, discharged, or quit their job without meeting the conditions to receive pension:

+ Officers and professional soldiers of the people's army; professional officers and non-commissioned officers; officers and technical non-commissioned officers of the people's police; people doing cryptographic work receiving salaries like soldiers;

+ Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Police serving for a limited period; military, police, and cryptographic students currently studying are entitled to living expenses.

How long do I have to quit my job to withdraw my social insurance at once?

Clause 1, Article 1 of Resolution 93/2015/QH13 stipulates that employees are allowed to reserve their social insurance payment period to be eligible for pension to ensure their life when they reach retirement age according to the provisions of the Social Insurance Law 2014.

In case an employee participates in compulsory social insurance after one year of unemployment, or a voluntary social insurance participant does not continue to pay social insurance after one year but has not paid social insurance for 20 years, upon request, he/she will receive a one-time social insurance payment.

Thus, employees participating in compulsory social insurance after one year of leaving work without having paid social insurance for 20 years can receive social insurance one time if requested.

What documents are required for one-time social insurance withdrawal? Where to submit?

Employees submit a set of documents requesting one-time social insurance benefits to the social insurance agency (district or provincial level) where they reside to have their benefits resolved according to regulations; the documents include:

- Application for one-time social insurance benefit;

- Social insurance book;

Note, when going through the procedures, employees need to bring their ID card or citizen identification card to present when requested.

How much money can I get from social insurance one time in 2023?

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

- 1.5 months of average monthly salary for social insurance contributions for years before 2014;

- 02 months of average monthly salary for social insurance contributions for years from 2014 onwards.

- In case the social insurance payment period is less than one year, the social insurance benefit is calculated at 22% of the monthly salary for which social insurance has been paid, the maximum level is equal to 02 months of the average monthly salary for which social insurance has been paid.

Note: When calculating the one-time social insurance benefit in case the social insurance payment period has odd months, from 01 month to 06 months is counted as half a year, from 07 months to 11 months is counted as one year.

Can I withdraw social insurance at once while taking a break?

Based on the above regulations, it can be seen that in case an employee participates in compulsory social insurance after one year of leaving work but has not paid social insurance for 20 years, he/she can withdraw social insurance one time upon request, regardless of whether the leave is legal or illegal.

How long do I have to pay social insurance to be able to withdraw it at once?

According to the above regulations, employees are allowed to withdraw social insurance one time when they have paid social insurance for less than 20 years and have stopped working for 1 year without continuing to pay social insurance.

In case of reaching retirement age, employees can withdraw their social insurance in one lump sum if they are not eligible for pension and do not continue to participate in voluntary social insurance.

In addition, employees can also withdraw their social insurance payment one time in case they settle abroad or suffer from a life-threatening illness according to regulations,...

Source