Dispatch No. 1880/BHXH-CSXH dated June 21st, 2023 of Vietnam Social Security regarding payout of social insurance benefits to employees at employers that have not fully paid social insurance premiums

This Dispatch is to provide temporary guidance on temporary payout and additional payout of social insurance benefits to employees at units that have not fully paid social insurance premiums, including: units that are in bankruptcy proceedings; units that have had the bankruptcy decision of the Court; units that no longer operate at the registered address; and units that have no legal representative.

Accordingly, with regard to employees at the above-mentioned units that have not fully paid social insurance premiums, social security agency will temporarily confirm and pay out the employees’ benefits related to sickness, maternity, convalescence, health rehabilitation, retirement benefit, death benefits, etc. based on their actual period of payment of social insurance premiums. When the unpaid social insurance premiums have been covered, the employees will be additionally paid the difference in the temporarily - calculated benefits and the official benefits

However, it is required to pay attention to these points:

- The social security agency will not pay out social insurance benefits to employees who have paid social insurance premiums for at least full 20 years in order to ensure their long-term social insurance benefits.

- Employees who reach the retirement age and have actual period of payment of social insurance premiums of 10 years to under 20 years and wish to pay lump-sum voluntary social insurance premiums for the missing periods shall be entitled to monthly pension. When unpaid social insurance premiums have been covered, the social security agency will additionally pay the difference in benefits. However, the paid voluntary social insurance premiums shall not be refunded.

- With regard to employees whose one-time payout of social insurance benefits have been settled (according to their actual period of premium payment), when the unpaid social insurance premium has been covered, the social security agency will record and reserve the entire period of additional payment. However, if the employees apply for a lump-sum social insurance benefit for the additional payment period, it shall be also settled and the calculation of the additional benefits is instructed at point dd clause 2.2 Section III of this Dispatch.

This Dispatch replaces Dispatch No. 2802/BHXH-CSXH dated September 6th, 2021 of Vietnam Social Security.