Paying full 20 years of social insurance, reaching retirement age, can employees withdraw social insurance once?
According to Points a and b, Clause 1, Article 8 of Decree No. 115/2015/ND-CP, employees are entitled to receive one-time social insurance premiums when they reach full retirement age but have not had full 20 years of paying social insurance premiums; or according to the provisions of Clause 3, Article 54 of the Law on Social Insurance, for less than 15 years of paying social insurance premiums and not continuing to participate in voluntary social insurance.
In addition, employees who have quit their job for less than 20 years and have not continued to pay social insurance for less than 20 years will also receive one-time social insurance benefits.
Based on the foregoing, In case the employee has reached the retirement age and has paid social insurance for full 20 years, he will not receive a lump-sum social insurance. Instead, employees will be entitled to a statutory pension.
In addition, the Law on Social Insurance 2014 and Resolution 93/2015/QH13 also stipulate some cases where employees will not be able to withdraw one-time social insurance.
The employee has less than 1 year of leave
Pursuant to Clause 1, Article 1 of Resolution 93/2015/QH13, employees who participate in compulsory social insurance after 1 year of leave but do not continue to pay social insurance premiums upon request are entitled to a lump-sum social insurance payment.
According to the above provisions, in case an employee has not quit his job or has been out of work for less than 1 year, he cannot carry out procedures to receive lump-sum social insurance payment, unless other conditions specified in Clause 1, Article 60 of the Law on Insurance are satisfied. social insurance 2014.
The employee has a disease but it is not a serious disease
The Law on Social Insurance 2014 stipulates that people suffering from diseases but not the following diseases will not be entitled to one-time social insurance benefits, including: Cancer; Disabled; Cirrhosis ascites; Wind, heavy TB; HIV infection turns to AIDS.
Thus, people who have diseases but not those mentioned above will not be entitled to one-time social insurance benefits, unless they meet other conditions specified in Clause 1, Article 60 of the Law on Social Insurance 2014.
The employee cannot prove that he is residing abroad
The Law on Social Insurance 2014 stipulates that workers who go abroad to settle down are also entitled to one-time social insurance.
However, employees will not receive one-time social insurance if they go abroad to settle down or do not have proof of settlement (a copy of the certificate of renunciation of Vietnamese nationality or a copy of notarize passports, visas issued by foreign countries, etc.), unless other conditions are met as prescribed in Clause 1, Article 60 of the Law on Social Insurance 2014.
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