Can I receive social insurance one time in another province?
1. Conditions for one-time withdrawal of social insurance:
Pursuant to Article 77 of the 2014 Law on Social Insurance, guided in Article 7 of Decree 134/2015/ND-CP, to be able to withdraw one-time social insurance, employees must ensure the following conditions: :
- Subjects who reach retirement age according to regulations and have paid less than 20 years of social insurance and do not continue to participate in voluntary social insurance.
For female workers working full-time or part-time in communes, communes and towns who have paid social insurance for less than 15 years
– Employees participate in compulsory social insurance when:
+ Social insurance payment period is less than 20 years.
+ Leave work after one year and during that leave period do not participate in compulsory social insurance contributions at any other unit.
– Go abroad to settle.
- Anyone suffering from life-threatening diseases such as cancer, polio, cirrhosis, ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases according to regulations of the Ministry of Health .
– Employees who are demobilized, demobilized, or quit their job are not eligible for pension:
+ Non-commissioned officers and soldiers of the People's Army; Military, police, and cipher students studying are entitled to living expenses; Non-commissioned officers and soldiers of the People's Public Security serve a limited period of time.
+ Officers and professional soldiers of the People's Army; People who do cipher work are paid the same as soldiers; officers, professional non-commissioned officers, officers, technical non-commissioned officers of the People's Public Security.
2. Can I receive one-time social insurance in another province?
Pursuant to the provisions in Clause 1.2. Article 2 of Decision No. 166/QD-BHXH, specifically on social insurance decentralization as follows:
* The district social insurance agency has the right to:
– Resolve social insurance benefits for employees and relatives of employees of employing units according to revenue management hierarchy.
– Receive applications and process social insurance benefits for applicants, specifically:
+ Claims for benefits for labor accidents and occupational diseases due to injuries and recurring illnesses of eligible employees.
+ Employees wishing to reserve social insurance; or participate in voluntary social insurance contributions.
+ People receiving pensions and monthly social insurance benefits.
+ Resolve for the relatives of the following subjects: employees who reserve the time to pay social insurance, people receiving pensions, monthly social insurance benefits, and people participating in voluntary social insurance.
– If an employee who is receiving a pension or monthly social insurance benefit needs to transfer his/her pension or monthly social insurance benefit to another location, the procedures for transfer will be resolved.
– Make a list of one-time social insurance payments if the social insurance agency pays.
In case the beneficiary registers to receive cash at the post office, the social insurance agency will prepare a list of one-time social insurance payments in cash for the district social insurance agency to transfer to the agency. Post office pays.
Make a list of vocational skills training support according to revenue decentralization.
– For cases in which, in addition to the task of settling sickness, maternity and one-time social insurance benefits, the district social insurance agency is not capable of organizing the implementation, then the district social insurance director can. The document requests the Director of the Provincial Social Insurance Department to perform that task.
– The District Social Insurance Director shall send a written request to the Provincial Social Insurance Director, who has not yet decentralized the hierarchy, to perform that task if he or she is not capable of handling and enjoying the social insurance regimes according to the decentralization. .
Thus, people who are reserving the time of paying compulsory social insurance are required to submit a one-time application for social insurance at the district social insurance where they reside or the provincial social insurance where they reside, in case of insurance. Provincial social insurance is decentralized to handle one-time social insurance benefits.
Currently, the place of residence includes the place of permanent residence registration and the place of temporary residence registration. Therefore, employees who want to withdraw social insurance in one lump sum will submit their application at the two places specified above.
3. How to calculate one-time social insurance:
3.1. For employees who pay mandatory social insurance:
Clause 2, Article 8 of Decree 115/2015/ND-CP stipulates the calculation of one-time social insurance based on the number of years of social insurance payment as follows:
– Years of social insurance payment before 2014: enjoy 1.5 months of the average monthly salary paid for social insurance.
– Years of social insurance payment from 2014 onwards: enjoy 01 months of the average monthly salary paid for social insurance.
The formula for calculating one-time social insurance is as follows:
Benefit level = (1.5 x Mbqtl x Social insurance payment time before 2014) + (2 x Mbqtl x Social insurance payment time after 2014).
In there:
– If the social insurance payment period has odd months from 01 to 06 months, it will be calculated as half a year. The social insurance payment period, if there are odd months from 07 months to 11 months, is counted as 01 years.
– Average monthly salary paid for social insurance:
Calculation formula:
Average monthly salary = (Number of months paying social insurance x Monthly salary paying social insurance x Annual adjustment coefficient): Number of months paying social insurance.
Accordingly, the monthly salary adjustment for social insurance payment specified in Clause 1, Article 2 of Circular 36/2021/TT-BLĐTBXH is as follows:
3.2. For people participating in voluntary social insurance:
The level of voluntary social insurance withdrawal is calculated as follows:
(1.5 x Mbqtn x Time to pay social insurance before 2014) + (2 x Mbqtn x Time to pay social insurance after 2014) – Amount of money the State supports to pay voluntary social insurance.
In there:
– Social insurance payment period: if there are odd months from 01 - 06 months, it is counted as ½ year; Any odd number from 07 months to 11 months is counted as 01 year.
– For subjects with life-threatening diseases according to regulations, the amount of money the State supports paying voluntary social insurance will not be deducted.
4. Documents and procedures for one-time withdrawal of social insurance:
4.1. Application for one-time withdrawal of social insurance:
Pursuant to Article 109 of the 2014 Law on Social Insurance, guided in Article 6 of Circular 14/2016/TT-BYT, the application for one-time withdrawal of social insurance includes:
- Social insurance book.
– Application for one-time social insurance benefits according to form No. 14-HSB (original).
– In case an individual goes abroad to settle, they need documents proving their settlement abroad, including:
+ Written confirmation from a competent authority on relinquishment of Vietnamese nationality.
+ Passport issued by a foreign country.
+ Visa issued by a competent foreign agency confirming permission to enter the country for the reason of residing abroad.
+ Documents confirming that you are applying for foreign nationality.
+ Confirmation documents or permanent residence card, valid for 5 years or more issued by a competent foreign agency.
– In case the employee has a life-threatening illness and wants to withdraw social insurance, a copy of the hospital medical record is required.
4.2. Procedures for one-time withdrawal of social insurance:
Step 1: Submit application:
After fully preparing the above documents, the employee submits the application to the social insurance agency of the district/province where he resides:
How to submit:
– Submit directly to the social insurance agency.
– Submit by mail.
– Submit via Vietnam Social Insurance Electronic Information Portal.
Step 2: Receive documents and resolve:
The social insurance agency is responsible for processing and organizing payments to employees within 10 days from the date of receipt of complete and valid documents.
Legal documents used in the article:
Social insurance law 2014.
Decree 115/2015/ND-CP guiding the Social Insurance Law on compulsory social insurance.
Decree 134/2015/ND-CP guiding the Law on Social Insurance.
Circular 59/2015/TT-BLDTBXH detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance issued by the Minister of Labor, War Invalids and Social Affairs.
Circular 36/2021/TT-BLDTBXH regulating salary adjustments and monthly income for which social insurance has been paid was issued by the Minister of Labor, War Invalids and Social Affairs.
Circular 14/2016/TT-BYT guiding the Law on social insurance in the health sector issued by the Minister of Health.
Decision 222/QD-BHXH 2021 announced the replacement and abolition of administrative procedures under the jurisdiction of Vietnam Social Insurance.