6 benefits when participating in social insurance for less than 20 years: sick leave, maternity leave, occupational accident – occupational disease, one-time withdrawal of social insurance, death benefit, pension. All will be shared in detail by Online Accounting in the article below.
During the period of participating in social insurance, employees are entitled to benefits of sickness, maternity and occupational accident and disease. After reaching retirement age, employees are also entitled to benefits such as retirement, death benefits or one-time withdrawal of social insurance if eligible.
So, in case of paying social insurance for less than 20 years, can the employee enjoy all these benefits? Please find out the details in the article below of fdiinvietnam.com.
Enjoy sick leave when participating in social insurance for less than 20 years
Employees are entitled to sick leave benefits if they fall into one of the cases specified in Article 3 of Decree 59/2015/TT-BLDTBXH, specifically as follows:
- Employees who are sick or have an accident that is not a work-related accident and must take time off work and have a certificate from a competent medical facility (except for cases of illness or accident caused by the employee being drunk, self-harming, or using drugs);
- Employees must take time off work to take care of sick children under 7 years old, and must have confirmation from a competent medical examination and treatment facility;
- Female employees return to work before the end of maternity leave and fall into one of the above cases.
>> For details on benefits, sick leave benefits, procedures and required documents, please see the article: How to calculate and pay sick leave benefits for employees.
Enjoy maternity benefits when participating in social insurance for less than 20 years
According to Article 31 of the Law on Social Insurance, employees are entitled to maternity benefits if they fall into one of the following cases:
- Pregnant female workers;
- Female workers giving birth;
- Female workers who are surrogate mothers and mothers who request surrogacy;
- Female workers perform IUD placement;
- Employees adopting children under 6 months old;
- Workers performing sterilization;
- Male workers participating in social insurance whose wives give birth.
>> You can see details of conditions, benefits of maternity regime, maternity benefit levels and maternity insurance registration procedures in the article: Maternity insurance benefit procedures.
Occupational accident and disease benefits when paying social insurance for less than 20 years
According to Article 45 and Article 46 of the Law on Labor Safety and Hygiene, employees are compensated under the labor accident and occupational disease regime if they fall into one of the following cases:
1. Conditions for receiving occupational accident benefits
- Accident at work, during working hours;
- Having an accident outside the workplace or outside working hours while performing work at the request of the employer or a person authorized in writing by the employer to directly manage the employee;
- Accident on the way to work (from home to work and vice versa), provided the route is reasonable;
- Having an accident in one of the above cases leading to a reduction in working capacity of 5% or more.
2. Conditions for receiving occupational disease benefits
- Having an occupational disease included in the List of occupational diseases prescribed by the Ministry of Health in Circular 15/2016/TT-BYT;
- Occupational disease leading to a reduction in working capacity of 5% or more.
>> For details on regulations, levels of benefits for work-related accidents and occupational diseases, and procedures to receive these benefits, please see the article: How to calculate benefits for work-related accidents and occupational diseases.
Can I withdraw my social insurance after 15 years of paying?
Can I withdraw my social insurance payment at once after 16 years of paying social insurance? Or can I withdraw it at once if I have not paid social insurance for 20 years? These are common questions about withdrawing my social insurance payment at once – one of the benefits that employees are entitled to when meeting all the conditions after a period of participating in social insurance.
1. Cases of social insurance payment for less than 20 years are eligible to receive one-time social insurance payment.
Pursuant to the provisions of Clause 1, Article 60 and Clause 1, Article 77 of the Law on Social Insurance 2014 and the provisions of Clause 1, Article 1 of Resolution 93/2015/QH13, employees who have paid social insurance (SI) for less than 20 years are allowed to withdraw SI one time if they fall into one of the following cases:
- Workers settle abroad;
- Employees who have reached retirement age according to regulations (in 2024, the retirement age for female employees is 56 years and 4 months, and for male employees is 61 years old);
- After 1 year the employee officially quits the job or after 1 year the employee does not continue to participate in voluntary social insurance;
- Workers suffering from one of the life-threatening diseases such as: cancer, cirrhosis, paralysis, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, people suffering from diseases that reduce their working capacity by 81% or more and cannot control or perform daily personal activities;
- Officers, non-commissioned officers, and soldiers who are demobilized, resign, or discharged from the military but are not yet eligible for pension.
Note:
- In case of reaching retirement age, the employee must wait 1 year after leaving the job before being able to withdraw the social insurance at one time. In the remaining cases, the social insurance can be withdrawn at one time immediately when the employee has the need;
- In case an employee participates in social insurance from July 1, 2025 onwards, if the employee has stopped working for 1 year and has not paid social insurance for 20 years but does not continue to pay social insurance, the employee will not be able to withdraw social insurance at one time.
>> See details: How to calculate and procedures for withdrawing social insurance one time.
2. How to calculate one-time social insurance
According to Clause 2, Article 60 of the Law on Social Insurance 2014, the one-time social insurance benefit of employees is calculated based on the number of years of social insurance contributions. Specifically as follows:
- 1.5 months of average monthly salary (abbreviated as MBQTL) for social insurance contributions for years before 2014;
- 2 months of MBQTL social insurance payment month for years of payment from 2014 onwards;
- In case the social insurance payment period is less than 1 year, the social insurance benefit is equal to the paid amount, the maximum is equal to 2 months of the monthly social insurance payment period.
Receiving pension when paying social insurance for less than 20 years for female workers
1. Conditions for female workers who have paid social insurance for less than 20 years to receive pension
According to the provisions of Clause 3, Article 54 of the Law on Social Insurance 2014, amended by Clause 1, Article 219 of the Labor Code 2019, female employees who have paid social insurance for less than 20 years are still entitled to receive a monthly pension after leaving work if they meet the following conditions:
- Female workers are non-professional workers in wards, communes, towns or are commune-level officials and civil servants;
- Have paid social insurance for at least 15 years but less than 20 years;
- Already of retirement age.
2. Pension level of female workers
According to Article 7 of Decree 115/2015/ND-CP and Article 17 of Circular 59/2015/TT-BLDTBXH, the pension level of female employees who have not paid social insurance for 20 years is calculated as follows:
In which, the pension rate of female workers is calculated as follows:
➧ Retired before January 1, 2018:
Pension rate = 45% + (Social insurance participation time – 15 years) x 3%
➧ Retired from 01/01/2018:
Pension rate = 45% + (Social insurance participation time – 15 years) x 2%
For example:
Ms. A has paid social insurance for 16 years, so the pension rate = 45% + (16 years – 15 years) x 2% = 47%.
>> See details: Conditions for receiving retirement benefits – How to calculate retirement benefits.
Relatives are entitled to death benefits when the employee dies.
According to Article 66, Article 67 of the Law on Social Insurance 2014 and Article 12 of Decree 115/2020/ND-CP, employees who have participated in social insurance for less than 20 years, after their death, their relatives will still receive benefits from the death benefit regime, depending on the type of social insurance (compulsory/voluntary) and the number of years of social insurance contribution.
The benefits of the death benefit are specifically as follows:
1. Funeral allowance
After the employee dies, the person in charge of the funeral is entitled to receive a funeral allowance equal to 10 times the basic salary if the employee dies in one of the following cases:
- Employees have paid compulsory social insurance for 12 months or more;
- Employees have a total period of compulsory social insurance and voluntary social insurance payment of 60 months or more;
- Workers who die due to work-related accidents, occupational diseases or die during treatment for injuries caused by work-related accidents or occupational diseases;
- Retired employees are receiving benefits for work accidents and occupational diseases.
>> See details: Social insurance death benefit: funeral expenses, one-time and monthly death benefits.
2. Monthly death benefit
For employees who have paid social insurance for less than 20 years, the employee’s relatives will receive death benefits after the employee passes away.
➧ Conditions for relatives of workers to receive monthly death benefits:
- Employees who have paid social insurance for 15 years or more and have not received a one-time social insurance payment;
- Death due to occupational disease or work accident;
- Currently receiving monthly occupational disease or work accident benefits with a working capacity reduction of 61% or more.
➧ The monthly pension benefit is calculated as follows:
| If the relative has no direct caregiver | Monthly death benefit = 70% x Basic salary |
| Other cases | Monthly death benefit = 50% x Basic salary |
Note:
In case the employee has paid social insurance for less than 20 years but has completed the procedure to withdraw social insurance one time before death, the employee’s relatives will not be entitled to death benefits.
3. One-time death benefit
In case an employee has participated in voluntary or compulsory social insurance for less than 20 years, after the employee passes away, relatives will receive a one-time death benefit. The benefit is calculated based on the number of years the employee has participated in social insurance.
➧ Conditions for receiving one-time death benefits:
- Not in one of the cases eligible for monthly survivor benefits;
- In case of receiving monthly pension but the employee has no relatives to receive monthly pension;
- Relatives of deceased workers who wish to receive a one-time death benefit, except in cases where they have children under 6 years old or have children/spouse with a reduced working capacity of 81% or more.
➧ One-time death benefit level:
For employees participating in compulsory social insurance before death:
- Social insurance participation time before 2014: Each year is calculated as 1.5 months of monthly social insurance contribution;
- Social insurance participation period from 2014 onwards: Each year is calculated as 2 months of MBQTL social insurance payment month;
- The lowest level is equal to 3 months of MBQTL monthly social insurance payment.
For employees participating in voluntary social insurance before death:
- Social insurance participation period before 2014: Each year is calculated as 1.5 months of average monthly income for social insurance contribution;
- Social insurance participation period from 2014 onwards: Each year is calculated as 2 months of average monthly income for social insurance contribution;
- The lowest level is equal to 3 months of MBQTL monthly social insurance payment.
Above is detailed information about the benefits that employees enjoy when participating in social insurance for less than 20 years. If you need more information, you can leave a question below the article for support.
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