Clause 2, Article 86 of the Law on Social Insurance 2024 stipulates that relatives of subjects specified in Clause 1, Article 86 of the Law on Social Insurance 2024 are entitled to receive monthly death benefits, including:
(1) Children, including children whose mother is pregnant but the father dies, children whose female surrogate mother is pregnant but the father or mother who asked to be surrogate mother dies, are entitled to receive benefits until they are 18 years old;
(2) Children with a reduced working capacity of 81% or more;
(3) Husband and wife must be of the age prescribed in Clause 2, Article 169 of the 2019 Labor Code. Husband and wife who are not old as prescribed in Clause 2, Article 169 of the 2019 Labor Code and have a reduced working capacity of 81% or more;
(4) Biological father, biological mother; biological father, biological mother of the wife or husband; other family members of the age prescribed in Clause 2, Article 169 of the 2019 Labor Code, and the person specified in Clause 1, Article 86 of the Law on Social Insurance 2024 is under the obligation to raise children according to the provisions of the law on marriage and family;
(4) Biological father, biological mother; biological father, biological mother of the wife or husband; other family members who are not old enough as prescribed in Clause 2, Article 169 of the 2019 Labor Code with a reduced working capacity of 81% or more and the social insurance participant is under the obligation to support according to the provisions of the law on marriage and family.
Clause 3, Article 86 of the Law on Social Insurance 2024 stipulates that monthly death benefits will not be applied to relatives specified in Points (2), (2), (4) in one of the following cases:
- Being a person receiving a salary and participating in compulsory social insurance;
- Is a person receiving monthly pension, disability allowance, monthly allowance with the benefit level equal to or higher than the reference level, excluding the allowance according to the provisions of the law on preferential treatment for people with revolutionary contributions.
