No one-time social insurance payment will receive monthly allowance

Nam Dương |

A reader with email dungocxxx@gmail.com asked: Can people who do not receive one-time social insurance receive monthly allowances?

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 1, Article 70 of the Law on Social Insurance 2024 (effective from July 1, 2025) stipulates the one-time social insurance benefits as follows:

1. Subjects specified in Clause 1, Article 2 of this Law who have stopped participating in social insurance but have an application are entitled to receive one-time social insurance if they fall into one of the following cases:

a) Be of retirement age but have not paid social insurance for 15 years.

In case the employee does not receive one-time social insurance, he/she can choose to receive a monthly allowance according to the provisions of Article 23 of this Law;

Article 23 of the Law on Social Insurance 2024 stipulates the regime for employees who are not eligible for pension and are not old enough to receive social pension benefits as follows:

1. Vietnamese citizens who are old enough to retire and have paid social insurance but are not eligible for pension according to the provisions of law and are not eligible for social pension benefits according to the provisions of Article 21 of this Law, if they do not receive one-time social insurance and do not reserve but have a request, will receive a monthly allowance from their own contributions according to the provisions of Clause 2 of this Article.

2. The duration and monthly allowance are determined based on the payment period and the basis for social insurance payment of the employee.

3. The lowest monthly allowance is equal to the monthly social pension allowance prescribed in Clause 1, Article 22 of this Law.

In case the total amount of money is calculated according to the time of payment, the payment of social insurance of workers is higher than the monthly amount of allowance equal to the level of social retirement benefits at the time of settlement for the period from the time of retirement age to the age of enough social retirement allowance, the employee is calculated to enjoy the monthly allowance at a higher level.

In case the total amount of money is calculated according to the time of payment, the basis for social insurance is not enough for workers to enjoy monthly allowances until the age is full of social retirement benefits, if the employee has the desire, he will be closed once for the missing part to enjoy until the age is entitled to social retirement allowance.

4. The monthly allowance level prescribed in Clause 3 of this Article shall be subject to adjustment according to the provisions of Article 67 of this Law.

5. In case the person receiving the monthly allowance dies, the relatives will receive a one-time allowance for the months not yet received and a one-time funeral allowance if they meet the conditions specified in Point a, Clause 1, Article 85 or Point a, Clause 1, Article 109 of this Law.

6. People who are receiving monthly allowances will have their health insurance paid by the state budget.

7. The Government shall detail this Article.

Thus, people who are old enough to retire and have paid social insurance but are not eligible for pension and are not eligible for social pension benefits, if they do not receive one-time social insurance and do not reserve it but have a request, will receive a monthly allowance.

Legal advice

Call the legal advice hotline: 0979310518, 0961360559 to receive a quick, timely response or email us: tuvanphapluat@laodong.com.vn for a response.

Nam Dương
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