The Law on Social Insurance 2014 stipulates the concept of social insurance as follows: Social insurance is a guarantee to replace or offset a part of an employee’s income when they lose or lose income due to sickness. , maternity, labor accident, occupational disease, end of working age or death, based on contribution to the social insurance fund. In the framework of the following article, the lawyer would like to share about “How to get social insurance one-time benefits and unemployment benefits ”
I. How to get one-time social insurance:
Firstly, about the beneficiaries of one-time social insurance:
The employee (employee) who is required is entitled to a lump-sum social insurance benefit in one of the following cases:
– Employees participating in compulsory social insurance after one year of working leave, participants of voluntary social insurance after one year of discontinuation of payment of social insurance premium but less than 20 years of payment of social insurance premium.
– Going abroad to settle down.
– Persons suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the neck, leprosy, severe tuberculosis, HIV infection, have turned into AIDS and other diseases as prescribed by the Ministry of Health. .
– Having reached the age of pension entitlement as prescribed but not yet full 20 years of payment of social insurance premium (or less than 15 years of payment of social insurance premium for female employees who work full-time or part-time in communes, localities or towns) and discontinued continue participating in voluntary social insurance.
The rate of entitlement to one-time social insurance is calculated based on the number of years of paying social insurance premium, for each year is calculated as follows:
– 1.5 month’s average monthly salary paid for social insurance for the years of payment before 2014;
– 02 months of average monthly salary paid for social insurance for the years of payment from 2014 onwards;
– In case the employee has the time of payment of social insurance of less than one year, the level of one-time social insurance allowance is calculated by 22% of the monthly salary paid for social insurance, the maximum level is equal to 02 months of the average monthly salary for payment of social insurance premium.
Thirdly, some notes when receiving one-time social insurance benefits:
– When calculating the lump-sum social insurance allowance in case of the time of payment of social insurance with an odd month, from 1 to 6 months is counted as a half year, from 07 to 11 months is calculated as a year.
– In case, before 01/01/2014, if the time of payment of social insurance has the odd months, those odd months will be transferred to the stage of social insurance payment from 01/01/2014 onwards.
– The level of one-time social insurance benefits does not include the amount of money the State supports for voluntary social insurance contributions, except for cases where people are suffering from one of life-threatening diseases such as cancer, polio, cirrhosis of the neck, leprosy, severe tuberculosis, HIV infection have progressed to AIDS and other diseases as prescribed by the Ministry of Health.
Fourthly, about the procedure of receiving the one-time social insurance
Recipient receiving the one-time social insurance allowance: the social insurance authority of the district or the provincial social insurance body (in case the social insurance authority is decentralized to settle the one-time social insurance allowance) at the place of residence (the place of permanent or temporary registration ).
Application for lump-sum unemployment benefit payment:
Social insurance book.
An application for one-time social insurance benefits of the employee according to form No. 14-HSB (issued together with Decision 166 / QD-BHXH dated January 31, 2019).
For people going abroad to settle, they must submit an additional copy of the competent agency’s certification of relinquishment of Vietnamese nationality, or a certified or notarized Vietnamese translation of one of the following papers:
+ Passport issued by foreign country.
+ The visa of the foreign body competent to grant permission for entry with the reason of settling abroad.
+ Papers certifying the procedure of foreign nationality; verification papers or permanent residence cards with a term of 5 years or more issued by competent foreign agencies.
In case of life-threatening diseases such as cancer, polio, cirrhosis of the neck, leprosy, severe tuberculosis, HIV infection that has turned into AIDS, an additional copy / summary of the medical record status of inadequate self service; if suffering from other diseases, it shall be replaced with the Minutes of assessment of work capacity decrease (occupational skills) of the Medical Examination Council (GYKK), which shows that the working capacity decline of 81% or higher and not self-service OK.
In case of payment of medical expenses, additional expertise invoices and vouchers are required; list of inspection contents of establishments implementing the family planning.
Personal declaration of time and service area in the army that receives regional allowances according to form No. 04B-HBKV (issued together with Circular 181/2016 / TT-BQP for people who have served in the military) military before January 1, 2007 in the area enjoying regional allowances but the social insurance book does not fully display information as a basis for calculating regional allowances).
Note:
– For employees who are foreign citizens working in Vietnam and receive one-time social insurance benefits: Documents including (2), (4), (5).
– For foreigners who are enjoying pension, monthly social insurance allowance who no longer reside in Vietnam is entitled to a lump-sum benefit: Application form No. 14-HSB.
– For those who are receiving their monthly pension, social insurance allowance and go abroad to settle and enjoy one-time allowance: A dossier comprises of papers (2) and (3).
Settlement time limit: Within 10 days after receiving a complete dossier as prescribed by the employee, the social insurance agency will settle and organize payment for the employee’s insurance.
II. Cases of entitlement to lump-sum unemployment benefits:
1. Conditions for receiving unemployment benefits:
Laborers working under labor contracts or working contracts currently paying unemployment insurance premiums (UI) are entitled to unemployment allowance when fully meeting the following conditions:
– Terminating the labor contract or employment contract, except for the following cases:
+ The employee unilaterally terminates the labor contract and work contract illegally;
+ Laborers are enjoying monthly pensions, loss of work capacity allowance.
– About the time of paying unemployment insurance premiums:
+ For employees with labor contracts (labor contracts) or labor contracts (labor contracts) with indefinite or definite terms: Having paid insurance premiums for full 12 months or more within 24 months. before terminating the labor contract or employment contract.
+ For employees with seasonal labor contracts or with a certain job with a term of full 3 months to less than 12 months: Having paid unemployment insurance premiums for full 12 months or more within 36 months before terminating the labor contracts.
– The employee has not found a job after 15 days from the date of filing the application for unemployment insurance, except for the following cases:
+ Carrying out military service, police service;
+ Studying with terms of full 12 months or more;
+ To abide by decisions on application of measure sending to reformatories, compulsory education establishments, compulsory detoxification establishments;
+ Being detained; serving imprisonment penalties;
+ Going abroad to settle down; working abroad under a contract;
+ Die.
2. Time and level of unemployment benefits
– Benefit level = 60% x Average monthly salary paid for unemployment insurance premium of the 06 consecutive months before unemployment.
– The period of enjoying unemployment allowance is calculated based on the number of months of unemployment insurance premium payment, for every 12 months to full 36 months, he / she is entitled to 03 months of unemployment allowance, then for every additional 12 months, he / she is entitled to an additional 01 month. Unemployment benefits but not exceeding 12 months.
Note: The average monthly salary paid for unemployment insurance of 06 consecutive months prior to unemployment shall not exceed 5 times the base salary for or no more than 5 times the regional minimum wage at the time of termination of labor contract or employment contract.
Procedures for receiving unemployment benefits
Documents for receiving unemployment benefits include:
– An application for unemployment benefits under the Form No. 03 issued together with Circular 28/2015 / TT-BLDTBXH dated 31/7/2015.
– The original or certified copy of one of the following documents certifying the termination of the labor contract or employment contract:
+ The employment contract or employment contract has expired or has been completed under the employment contract.
+ Decision to resign;
+ Decision to dismiss;
+ Disciplinary decision on forced termination;
+ Notice or agreement to terminate the labor contract or employment contract.
+ Papers certifying the termination of the labor contract according to season or a certain job with the term from full 3 months to less than 12 months.
– Social insurance book.
Note: In case it is impossible to directly submit the application, the employee is authorized to apply or send by post in the following cases:
+ Sickness, maternity certified by a competent medical facility;
+ Having an accident certified by a traffic police or a competent medical facility;
+ Fire, flood, earthquake, tsunami, enemy sabotage, epidemics certified by the Chairman of the People’s Committee of the commune, ward or town.
The date of submission of an application for unemployment allowance in the above cases is the date the authorized person directly submits the dossier or the date written on the postmark for the case of sending by post.
Within 03 months from the date of termination of the labor contract, the employee must submit 01 set of application for unemployment benefits directly to the local employment service center where the employee wants to receive unemployment benefits.
If the profile is eligible, the employee will receive a decision to receive unemployment benefits and receive benefits according to the content of the Decision of the Department of Labor, War Invalids and Social Affairs.
The time of receiving unemployment allowance is counted from the 16th day, counting from the date of filing a complete dossier for unemployment allowance.
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