
Legal situation:
Dear Lawyer,
I have a question and hope you can help clarify it for me. I am 49 years old and currently a civil servant. I have been paying compulsory social insurance for 21 years and 6 months. My daughter, who lives in Australia, is planning to sponsor me and my family for immigration to Australia this November. Given my situation, would I be eligible to receive a lump-sum social insurance payment? If so, what are the eligibility conditions, benefit amount, and procedures for applying for this lump-sum social insurance allowance?
Response:
Thank you for trusting and submitting your question to FDVN Law Firm (“FDVN”). After reviewing the relevant legal provisions, FDVN would like to provide the following information:
1. Conditions for receiving lump-sum social insurance allowance
Based on the information you provided, you are a civil servant who falls under the subjects participating in compulsory social insurance as stipulated in Point b, Clause 1, Article 2 of Law on Social Insurance 2024 (Effective from July 1, 2025).
According to point b clause 1 Article 70 of Law on Social Insurance 2024, employees who have paid social insurance before July 1, 2025, stopped participating in social insurance and submit a request, shall be received a lump-sum social insurance allowance if they satisfy one of the following conditions: “...b. He/she emigrates from Vietnam to a foreign country.”
Accordingly, if you have paid social insurance before July 1, 2025 who stopped participating in social insurance, and are going abroad to immigrate, you can absolutely submit an application to the social insurance authority to request a lump-sum social insurance allowance.
2. Lump-sum social insurance payouts
According to Clause 3, Article 70 of Law on Social Insurance 2024, the lump-sum social insurance allowance shall be calculated according to the number of years of payment and the salary on which social insurance premiums are paid, excluding the state subsidies on voluntary social insurance. The lump-sum social insurance allowance for each year shall be:
a) 1,5 times the average monthly salary on which social insurance premiums are paid before 2014.
If social insurance is paid both before and after 2014 and there is an incomplete year before 2014, it will be aggregated with the social insurance payment period from 2014 onwards to calculate lump-sum social insurance allowance;
c) 02 times the average monthly salary on which social insurance premiums are paid after 2014;
c) If the social insurance payment period is shorter than one year, the lump-sum social insurance allowance shall be equal to the paid amount but not exceeding 02 times the average monthly salary on which social insurance premiums are paid.
Furthermore, the time of calculating the lump-sum social insurance allowance is “The time of calculation of lump-sum social insurance allowance shall be the date of issuance of the social security authority’s decision on provision of lump-sum social insurance allowance.” (According to clause 5, Article 70 of the Law on Social Insurance 2024)
3. Procedure for requesting a lump-sum social insurance allowance
Step 1: You submit an application for a lump-sum social insurance allowance according to Article 78 of the Law on Social Insurance 2024, including:
- The social insurance book;
- The employee’s application form for lump-sum social insurance allowance.
- The application must also include a copy of the competent authority’s certification of Vietnamese nationality renouncement or notarized or authenticated Vietnamese translation of one of the following documents:
+ The passport issued by a foreign country;
+ The Visa issued by a competent authority of the foreign country certifying such country’s permission for immigration;
+ The long-term residence card issued by a competent authority of the foreign country;
+ Other documents indicating permanent residence in the foreign country according to regulations of the Government.
Step 2: Within 07 working days from the date of receiving a fully application as stipulated for those requesting a lump-sum social insurance allowance, the social insurance authority is responsible for resolving the request. If the request is not resolved, a written reply stating the reason must be provided.
This is FDVN's legal opinion regarding your inquiry, based on the study of relevant legal provisions. We hope this opinion is helpful to you.
According to Tran Van Quy - FDVN Law Firm

----------------------------------------------------------------------------------------------------------------------
Other Articles
- THE LAW OF INTERNATIONAL LAWYERS BY WOUTER WERNER, MARIEKE DE HOON AND ALEXIS GALÁN
- ABSOLUTE LEGAL ENGLISH BY HELEN CALLANAN AND LYNDA EDWARDS
- THE OXFORD HANDBOOK OF LEGAL STUDIES EDITED BY PETER CANE AND MARK TUSHNET
- DUE DILIGENCE IN THE INTERNATIONAL LEGAL ORDER EDITED BY HEIKE KRIEGER, ANNE PETERS AND LEONHARD KREUZER
- TỔNG HỢP ĐỀ THI IELTS WRITING 2026
- TỔNG HỢP 10 BẢN ÁN CỦA TOÀ ÁN VƯƠNG QUỐC ANH GIẢI QUYẾT TRANH CHẤP SA THẢI NGƯỜI LAO ĐỘNG / COLLECTION OF 10 JUDGMENTS OF THE UNITED KINGDOM COURTS ON EMPLOYMENT DISMISSAL DISPUTES
- CHA, MẸ LÀ NGƯỜI NƯỚC NGOÀI ĐĂNG KÝ KHAI SINH CHO CON TẠI VIỆT NAM NHƯ THẾ NÀO? / HOW CAN FOREIGN PARENTS REGISTER THE BIRTH OF THEIR CHILD IN VIETNAM?
- QUY ĐỊNH VỀ CHUYỂN NHƯỢNG DỰ ÁN ĐẦU TƯ THEO LUẬT ĐẦU TƯ 2025 / REGULATIONS ON THE TRANSFER OF INVESTMENT PROJECTS UNDER THE 2025 LAW ON INVESTMENT
- TỔNG HỢP 08 MẪU HỢP ĐỒNG GIA CÔNG CÔNG NGHIỆP VÀ DỊCH VỤ QUỐC TẾ / COLLECTION OF 08 TEMPLATES INTERNATIONAL PROCESSING AND OUTSOURCING AGREEMENT
- TỔNG HỢP 10 BẢN ÁN CỦA TOÀ ÁN SINGAPORE VỀ TRANH CHẤP HỢP ĐỒNG KINH DOANH - THƯƠNG MẠI CÓ ĐƯƠNG SỰ LÀ DOANH NGHIỆP VIỆT NAM / COLLECTION OF 10 SINGAPORE COURT JUDGMENTS ON BUSINESS & COMMERCIAL CONTRACT DISPUTES INVOLVING VIETNAMESE ENTERPRISES AS LITIGAN
- HƯỚNG DẪN CÁCH TÍNH THUẾ TIÊU THỤ ĐẶC BIỆT ĐỐI VỚI MẶT HÀNG THUỐC LÁ / GUIDANCE ON EXCISE TAX CALCULATION FOR TOBACCO
- THÔNG TƯ 121/2026/TT-BTC SỬA ĐỔI, BỔ SUNG MỘT SỐ ĐIỀU CỦA THÔNG TƯ 68/2025/TT-BTC NGÀY 01 THÁNG 07 NĂM 2025 CỦA BỘ TÀI CHÍNH BAN HÀNH BIỂU MẪU SỬ DỤNG TRONG ĐĂNG KÝ DOANH NGHIỆP, HỘ KINH DOANH
- BÀI HỌC TIẾNG ANH PHÁP LÝ: TỔNG HỢP ĐỀ THI IELTS READING 2026
- THE ESSENTIAL ELEMENTS OF CORPORATE LAW: WHAT IS CORPORATE LAW BY JOHN ARMOUR, HENRY HANSMANN, REINIER KRAAKMAN
- THE PATHOLOGICAL POLITICS OF CRIMINAL LAW BY WILLIAM J. STUNTZ
- THỦ TỤC ĐỔI BẰNG LÁI XE NƯỚC NGOÀI SANG VIỆT NAM CHO NGƯỜI NƯỚC NGOÀI 2026 / PROCEDURE FOR CONVERTING A FOREIGN DRIVING LICENSE INTO A VIETNAMESE DRIVING LICENSE FOR FOREIGNERS IN 2026



