Tiếng Việt1. What is one-time social insurance?
One-time social insurance can be understood as a mode of payment of a certain amount of money to employees who have contributed to social insurance but do not continue to participate in social insurance contributions and are not eligible for the pension regime.
In addition, according to Clause 1, Article 3 Law on Social Insurance 2014, stipulates that social insurance is the compensation for a part of an employee’s income when they are sick, maternity, occupational accident, occupational disease, or have expired. working age or death.
Based on the above provisions, in some specific cases, the participants of social insurance upon request will receive a one-time social insurance settlement.
2. Can I re-join social insurance when I withdraw my social insurance once?
Subjects of one-time withdrawal of social insurance must be a person who participates in compulsory social insurance and fully meets the conditions specified above. Because Clause 1, Article 2 of the Law on Social Insurance 2014 said clearly:
Employees who are Vietnamese citizens are eligible to participate in compulsory social insurance, including:
(1) Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term from full 3 months to less than 12 months month.
Including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law.
(2) People working under labor contracts with a term of from full 01 month – under 03 months.
According to this regulation, only working employees who have signed a labor contract of full 1 month or more are subject to compulsory participation in social insurance. At this time, the company is responsible for paying social insurance for them.
Accordingly, even though the employee has withdrawn the social insurance once, he can still pay the compulsory social insurance premium if he is in the case of signing a labor contract as prescribed above.
In case an employee withdraws social insurance once, the social insurance book will be recovered by the social insurance agency but the employee’s social insurance number will not be deleted from the database.
In addition, Article 23 Decision 595/QD-BHXH 2017, the declaration of participation in social insurance does not require the employee to return the social insurance book of the employee, so at this time, to do the procedures to report the increase and pay the social insurance premium for the employee who has withdrawn the social insurance. Once, enterprises only need to submit relevant documents.
Thus, in case a person who has withdrawn one time of social insurance while continuing to participate in social insurance at a new unit, declare the social insurance number (the number of the old social insurance book previously issued) in the declaration of participation, adjustment of information on social insurance and health insurance (Form TK1-TS) submitted to the new company so that when the company reports an increase, the social insurance agency will issue a new social insurance book according to the social insurance code.
3. Withdrawal of social insurance once, how long will it take to join social insurance again?
Currently, the Law on Social Insurance and related regulations do not stipulate when an Employee withdraws Social Insurance once, how long does it take to re-join? As long as you meet the conditions for participation in Section 2 above, you will pay social insurance contributions as usual. However, it should also be noted, to avoid being considered a violation of the one-time social insurance withdrawal, you should avoid letting the month of payment of social insurance coincide with the month of receiving one-time social insurance. Please let the social insurance benefits be completed once, receive the money into your account and then join to pay the social insurance again.
