Legal Consulting Department of Lao Dong Newspaper answers:
According to Point d, Clause 1, Article 70 of the 2024 Law on Social Insurance and Article 14 of Decree No. 158/2025/ND-CP, employees who have paid social insurance before July 1, 2025, after 12 months are not subject to compulsory social insurance participation but also do not participate in voluntary social insurance and have paid social insurance for less than 20 years are entitled to one-time social insurance benefits.
Clause 2, Article 14 of Decree No. 158/2025/ND-CP stipulates that in cases where employees are qualified to receive one-time social insurance benefits (under 20 years) as prescribed in Point d, Clause 1, Article 70 of the 2024 Law on Social Insurance and are qualified to receive pensions as prescribed in Clause 1, Article 64 of the 2024 Law on Social Insurance, they shall be resolved according to the written request of the employee.
Thus, if employees are both qualified to receive a pension and qualified to receive one-time social insurance benefits, they will be able to choose to receive one-time social insurance or pension according to their personal wishes.
However, if receiving one-time social insurance, it is necessary to wait 12 months after no longer participating in social insurance to receive one-time social insurance.
