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WEEKLY LEGAL NEWSLETTER FINANCIAL STATEMENTS
4 CASES OF NOT APPLY LUMP-SUM PAYMENT OF SOCIAL INSURANCE BENEFITS TO EMPLOYEES

Instead of paying social insurance (SI) in long term to be eligible for pension, many people soon chose to receive lump-sum SI benefits after quitting their jobs. However, according to the Law on Social Insurance in 2014 and Resolution No. 93/2015/QH13, employees will not be entitled to receive lump-sum SI benefits in the following particular cases:

1. Persons who pay SI premiums for less than 20 years and quit their jobs for less than 1 year
If employees have paid SI premiums for less than 20 years but quits their jobs for less than 1 year, the employees will not be entitled to receive a lump-sum SI benefits.

However, in some exceptional cases, even if employees quit their jobs for less than 1 year, they will still be entitled to receive a lump-sum SI benefits, including:
- Reaching retirement age.
- Soldiers and policemen who are demobilized or cease working without being eligible for pension.
- Exception cases in Section (*)

2. Employees pay social insurance premiums for 20 years or more
According to prevailing regulations, if employees have paid SI premiums for 20 years or more, employees are required to wait for the procedure to receive monthly pension, not be entitled to receive a lump-sum social insurance benefits.

However, the special cases in Section (*) is the exception.

3. Female employees working for Government at commune level have paid social insurance premiums for 15 years
According to regulations, if having paid SI premiums for 15 years or more, female employees working professional or non-professional works for Government at commune level will not be entitled to receive a lump-sum social insurance benefits but must wait until they reach retirement age to receive monthly pensions.

However, in some exceptions in Section (*), female employees are entitled to receive a lump-sum social insurance benefits, regardless of whether the employee has met the conditions for the minimum period of social insurance payment to enjoy pension or not.

4. Soldiers and policemen who are demobilized or cease working are eligible for pension
According to the regulations, if at the time of demobilizing or ceasing working, the Soldiers and policemen are eligible to receive pension, they must carry out the procedures for receiving pension according to regulations, not be entitled to receive a lump-sum SI benefits. However, the special cases in Section (*) is the exception.

Section (*): Special cases in which lump-sum payment of social insurance benefits is allowed
- Settling abroad.
- Getting a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, or HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Healthy that the patient is unable to self-serve.
Date Submitted: 25/08/2022 View: 2.430 Print the article
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