Sending a question to Vietnam Social Insurance, reader N.H - representative of a company said: "On August 5, 2024, employees will have a decision to receive one-time social insurance. On August 10, 2024, this employee signed a contract and worked at the company, paying social insurance from August 2024.
However, the Social Insurance agency issued an official dispatch to recover one-time social insurance money due to resolving it incorrectly according to regulations. I would like to ask, is this revocation correct? What should the company do to support workers?"
Regarding this issue, Vietnam Social Security responds as follows:
Clause 1, Article 1 of Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly and Point b, Clause 1, Article 8 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance 2014 on compulsory social insurance stipulates: Employees participating in compulsory social insurance after one year of retirement without having paid social insurance for less than 20 years and not continuing to pay social insurance but having a request are entitled to receive one-time social insurance.
In case the employee has been settled to receive one-time social insurance benefits and then has an employment and pays social insurance in the same month, as instructed by the Ministry of Labor, War Invalids and Social Affairs in Official Dispatch No. 4390/BLDTBXH-VBHXH dated September 19, 2024, as follows: In case after the time of settlement to receive one-time social insurance benefits in accordance with regulations, the employee has a new job and pays social insurance, he/she will not violate the conditions for receiving one-time social insurance benefits prescribed in Clause 1, Article 1 of Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly.
According to information provided by Ms. H, the time for employees to receive one-time social insurance is August 5, 2024, then sign a labor contract and work, pay social insurance from August 10, 2024 (after the one-time social insurance settlement).
Compared with the instructions in Official Dispatch No. 4390/BLDTBXH-VBHXH mentioned above, employees do not violate the conditions for receiving one-time social insurance as prescribed in Clause 1, Article 1 of Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly.
Therefore, in case Ms. H asks, the company guides employees to contact the social insurance agency where they receive one-time social insurance and provide labor contracts to resolve the issue.
