Fri, Mar 01, 2019, 14:12:00
(Chinhphu.vn) - The current social insurance law does not stipulate the deadline for submission of the lump sum social insurance entitlement after being eligible for this enjoyment. Therefore, after being eligible, it is possible to submit the lump sum social insurance claim at any time that entitled employees need to receive this benefit.
Ms. Le Thi Ty Na (in Da Nang City) paid social insurance (SI) from December 2015 to March 2017, she was entitled to unemployment insurance (UI) for 3 consecutive months. Currently Ms. Na is pregnant and unable to work, she is expected to give birth in March 2018.
Now that Ms. Na wants to enjoy a lump sum social insurance, she would like to ask, which month should she register? If the registration is delayed, is the procedure able to be completed? Is it possible for her to submit her dossier late?If so, how long does it take for her late submission?
Regarding this issue, Da Nang City Social Security responds as follows:
a) In Clause 1, Article 8 of the Decree 115/2015 / ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance: Each employee defined in Clause 1 and Clause 2 Article 2 of this Decree is entitled to a lump-sum social insurance payout upon request if they fall in any of the following cases:
b) He/she has not paid social insurance for under 20 years and does not continue paying social insurance after 1-year work ceasing.
c) He/she settles abroad;
d) He/she suffers a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health;
Based on the above provisions, her specific case that she has been resigned from April 2017, if she is eligible for a lump sum social insurance (under one of the above-mentioned cases) and needs to receive the lump sum social insurance, she contacted the social insurance agency where she resided to apply for settlement of social insurance once.
- If in the following cases: a, c, d, she can apply immediately at the time of the related incident;
- If b is the case, she submits the application at the time after one year of absence (round 12 months) onwards.
The current social insurance law does not stipulate the time limit for submission of social insurance entitlements once after being eligible for one-time social insurance. Therefore, after being eligible, she can file a lump sum social insurance claim at any time that she has a need.
