Vietnam’s Social Insurance Law specifically provides for funeral and survivor benefits to meet social security needs. This article will outline who is eligible for these benefits and how to claim them.
1. Eligibility for Funeral Expense Allowance
Eligibility for Funeral Expense Allowance
Article 66 of the 2014 Social Insurance Law states:
“Article 66. Funeral Allowance
1. The following persons shall be entitled to a funeral allowance upon their death:
a) Employees as defined in Clause 1, Article 2 of this Law, who are paying social insurance contributions or have their social insurance payment period preserved, and have paid for at least 12 months;
b) Employees who die due to work-related accidents, occupational diseases, or during treatment for such accidents or diseases;
c) Retired persons; persons receiving monthly work injury or occupational disease allowances who have stopped working.
2. The funeral allowance shall be equal to 10 times the basic salary at the time of death of the person specified in Clause 1 of this Article.
3. In case the person specified in Clause 1 of this Article is declared dead by the Court, the relatives shall be entitled to the funeral allowance specified in Clause 2 of this Article.”
Thus, the condition for entitlement to the funeral allowance is that the deceased falls under one of the above-mentioned cases stipulated by the law.
2. Who is Eligible for the Funeral Expense Allowance and in What Circumstances?
Who is Eligible for the Funeral Expense Allowance and in What Circumstances?
The eligible recipients of the funeral expense allowance are specified in the Social Insurance Law, Decree 115/2015/ND-CP, and Circular 59/2015/TT-BLDTBXH.
“When the following persons die, the person arranging the funeral shall be entitled to receive the funeral allowance:
– Vietnamese employees who are paying social insurance contributions or have their social insurance payment period preserved, and have paid for at least 12 months;
– Employees with a total mandatory social insurance contribution period and voluntary social insurance contribution period of at least 60 months;
– Employees who die due to work-related accidents, occupational diseases, or during treatment for such accidents or diseases;
– Retired persons; persons receiving monthly work injury or occupational disease allowances who have stopped working;
– Persons receiving monthly work injury or occupational disease allowances who are still working, but have a mandatory social insurance contribution period of less than 12 months or a total mandatory and voluntary social insurance contribution period of less than 60 months;
– Persons receiving monthly loss of working capacity allowances; rubber workers receiving monthly allowances; persons receiving monthly allowances”.
Thus, when a loved one passes away, the person arranging the funeral will be eligible for the funeral expense allowance if they fall under any of the above circumstances stipulated by the law.
3. Funeral Expense Allowance Amount
The funeral expense allowance is equal to 10 times the basic salary at the time of the death of the insured person. The current amount is 13,900,000 VND. From July 1, 2019, the amount increased from 13,900,000 VND to 14,900,000 VND.
Funeral Expense Allowance Amount
4. What Documents are Required to Claim the Funeral Expense Allowance?
The documents required to claim the funeral expense allowance are specified in the Decision 636/2016/QD-BHXH of 2016. The person arranging the funeral needs to prepare the following documents:
“- Social insurance book or retirement benefit dossier;
– Death certificate or court declaration of death;
– Declaration form of the relative;
– Work accident investigation report or medical record of occupational disease treatment”.
Relatives should submit the relevant documents to the social insurance agency or the employer, depending on the specific case of the deceased.
5. Procedure for Claiming the Funeral Expense Allowance
Procedure for Claiming the Funeral Expense Allowance
Step 1: The representative of the deceased’s family or the person organizing the funeral shall be responsible for preparing and submitting the dossier to the People’s Committee at the commune level.
Step 2: Within 5 days of receiving the complete dossier, the Commune People’s Committee must verify and send the declaration form and accompanying documents to the District Labor, Invalids, and Social Affairs Office.
Step 3: Within 10 days of receiving the documents, the District Labor, Invalids, and Social Affairs Office must inspect, establish a reduction report, and compile a list of eligible persons to be sent to the Provincial Labor, Invalids, and Social Affairs Department.
Step 4: Within 10 days of receiving the complete dossier, the Provincial Labor, Invalids, and Social Affairs Department shall be responsible for comparing and matching the dossier of the person with merit with the dossier for funeral expense allowance and one-time allowance claims, and then issuing a decision.
The above information aims to provide comfort and support to those left behind while also ensuring social security.
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