Mr. Hoang Xuan Dinh in Hanoi asked: "I am receiving a monthly pension. However, after Tet, my daughter, who is residing in Australia, wants me to live with her. In this case, can I apply for a one-time insurance withdrawal or not?".
Answering this question, Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that according to current regulations, people who are receiving monthly pensions to settle abroad can apply for a one-time withdrawal of benefits under Article 76 of the Law on Social Insurance.
Article 76 of the Law on Social Insurance stipulates as follows: People who are receiving pensions and monthly social insurance allowances abroad to settle down, if they wish, are entitled to a one-time allowance.
The one-time allowance level for people currently receiving pensions is calculated according to the time they have paid social insurance, in which each year of social insurance contribution before 2014 is calculated as 1.5 months of receiving pension, each year of social insurance contribution from 2014 onwards is calculated as 02 months of receiving pension; then each month of receiving pension, the one-time allowance level deducts 0.5 months of pension. The lowest level is equal to 3 months of receiving pension.
The one-time allowance level for people currently receiving monthly social insurance allowances is equal to 3 months of allowance being received.
The dossier requesting one-time allowance includes a written request for one-time allowance accompanied by a copy of the competent authority's confirmation of the termination of Vietnamese nationality or a certified or notarized Vietnamese translation of one of the documents specified in points a, b, c and d, clause 2, Article 78 of this Law.
Within 7 working days from the date of receiving sufficient dossiers as prescribed, the social insurance agency is responsible for resolving; in case of not resolving, it must respond in writing and clearly state the reason.
