Reader asks: My father paid compulsory social insurance, just received a pension of 5.3 million VND/month for 2 months and then passed away. So how much will my family receive a one-time death gratuity?
The Legal Consulting Office of Lao Dong Newspaper said:
According to the 2024 Law on Social Insurance, the lump-sum survivor's allowance for relatives of pensioners is determined based on the time they have received their pension.
The law stipulates:
The one-time survivor's allowance level for relatives of people who are receiving pensions or are temporarily suspending pensions in case of death is calculated according to the time they have received pensions and is regulated as follows:
In case of death in the first 2 months, the lump-sum survivor's allowance is equal to 48 months of pension of the month being enjoyed;
In case of death from the third month onwards, for each month, the one-time survivor's allowance is reduced by 0.5 months of pension compared to the allowance level specified in point a of this clause, but not less than 3 months of pension of the month being enjoyed.
The level of lump-sum survivor's allowance for relatives of people who are receiving monthly occupational accident and disease allowances and have quit their jobs to receive one-time social insurance benefits before death is equal to 3 months of monthly occupational accident and disease allowance of the month they are receiving.
The reference level used to calculate the lump-sum survivor's allowance is the reference level in the month when the subject specified in Point a, Clause 1, Article 88 of the 2024 Law on Social Insurance dies.
Readers have a pension period: 2 months. Pension level: 5.3 million VND/month.
This is a case of death in the first 2 months of receiving a pension, so the highest level according to the law should be applied.
The amount of family allowance received:
48 × 5. 300,000 = 254,400,000 VND.
Thus, relatives will receive about 254.4 million VND in one-time survivor's allowance.
Note that this amount is a one-time survivor's allowance, not a pension continuing to be paid monthly.
In addition to this, relatives may also be considered:
Funeral allowance (if eligible).
Payment will be made by the social insurance agency after completing the dossier.
