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1. Cases eligible for one-time withdrawal of social insurance
Specifically, Clause 1, Article 8 of Decree 115/2015/ND-CP and Article 60 of the Law on Social Insurance 2014 stipulate that employees who request are entitled to receive one-time social insurance if they fall into one of the following cases:
- Reaching retirement age as prescribed in Clauses 1, 2 and 4, Article 54 of the Law on Social Insurance 2014 but not having paid social insurance for 20 years or as prescribed in Clause 3, Article 54 of the Law on Social Insurance 2014 but not having paid social insurance for 15 years and not continuing to participate in voluntary social insurance;
- After one year of unemployment without having paid social insurance for 20 years and not continuing to pay social insurance;
- Go abroad to settle down;
- 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;
People with illnesses or disabilities that reduce their ability to work by 81% or more and cannot control or perform daily personal activities on their own and need someone to monitor, assist, and care for them.
- In case an employee is demobilized, discharged, or quits his/her job but is not eligible for a pension, including:
+ 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 as 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 of time; military, police and cryptographic students currently studying are entitled to living expenses.
2. One-time social insurance benefit level
Pursuant to Clause 2, Article 8 of Decree 115/2015/ND-CP, the one-time social insurance benefit is calculated based on the number of years of social insurance payment, 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 equal to the amount paid, the maximum level is equal to 02 months of the average monthly salary for social insurance payment.
3. Can I pay social insurance again if I have withdrawn it once?
According to Clause 1, Article 2 of the Law on Social Insurance 2014, employees who are Vietnamese citizens are subject to compulsory social insurance, including:
- People working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts or labor contracts for a specific job with a term from 3 months to less than 12 months, including labor contracts signed between the employer and the legal representative of a person under 15 years old according to the provisions of labor law;
- Employees working under labor contracts with a term from 01 month to less than 03 months;
- Cadres, civil servants, public employees;
- Defense workers, police workers, people working in other key organizations;
- Officers, professional soldiers of the people's army, professional officers, non-commissioned officers, officers, technical non-commissioned officers of the people's police, and people working in cryptography receive salaries like military 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 of time; military, police and cryptographic students currently studying are entitled to living expenses;
- People working abroad under contracts as prescribed in the Law on Vietnamese Workers Working Abroad under Contracts;
- Business managers and cooperative executives receive salaries;
- Non-professional workers in communes, wards and towns.
Thus, in case the employee signs a labor contract with the company, he/she will be subject to compulsory social participation. At that time, the employee has the right to participate in social insurance at the new company even though he/she previously participated in social insurance and withdrew social insurance once.
In this case, you need to declare to the company to request the employer to participate in social insurance for you. If the social insurance book number has not been deleted, provide the old social insurance book and continue to pay social insurance. If the social insurance book number has been deleted, a new social insurance book will be issued.
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