QUY ĐỊNH VỀ VIỆC HƯỞNG BẢO HIỂM XÃ HỘI MỘT LẦN TỪ NGÀY 01/07/2025 / REGULATIONS ON RECEIVING LUMP-SU

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