Step 1:

a/ For an employee who is paying social insurance premiums and dies (including death caused by an occupational accident or disease): The employer receives a complete dossier from the employee’s relative, submits the dossier in accordance with regulations to the social insurance organization at which the employer pays social insurance premiums; receives back the processed dossier from the social insurance agency to which the dossier is submitted for delivery to the employee’s relative.

b/ For an employee who dies while currently reserving the compulsory social insurance payment period, or pending satisfaction of the age condition for enjoying pension or month allowances for commune officials, or buying voluntary social insurance: his/her relative submits the dossier according to regulations of the district or provincial social insurance agency of the locality where person making the declaration resides.

c/ For a person on pension or monthly social insurance allowance who dies: The dossier is submitted according to regulations of the district or provincial social insurance agency which pays pensions or monthly social insurance allowances to the employee before his/her death.

In the case prescribed at Point b or c above, the employee’s relative shall directly receive the settlement result; in case he/she does not receive it directly, he/she shall make a written authorization according to form No. 13-HSB (the original) or sign an authorization contract in accordance with law for his/her lawful representative to receive the social insurance settlement result.

Step 2:

• The district social insurance agency receives a complete dossier from the employer and the employee’s relative, sends it to the provincial social insurance agency; receives the processed dossier from the provincial social insurance agency for return to the employer and the employee’s relative.
• The provincial social insurance agency receives the dossier from the employee’s relative, or the district social insurance agency or the employer; processes the dossier and returns it to the employee’s relative, or the district social insurance agency or the employer (for return to the employee’s relative).

When receiving the dossier from the employee’s relative or the employer, the district/provincial social insurance agency compares the dossier’s components being uncertified copies with their original and returns the original to the employee’s relative, or to the employer for return to the employee’s relative.

a/ For an organization: Submitting the dossier and receiving the result of settlement of administrative formalities by post.

b/ For an individual: Submitting the dossier directly at the single-window section of the district social insurance agency or the section for receiving and notifying results of settlement of administrative formalities of the provincial social insurance agency which is paying monthly pensions and social insurance allowances.

1. The (original) social insurance book of the person currently paying social insurance premiums, reserving the social insurance payment period, or pending the satisfaction of the age condition to receive month pension or allowance who dies;

2. The death certificate, death notice or extract of death declaration, or a court’s legally effective decision declaring death;

3. Declaration by relative  (Form No. 09A-HSB, the original);

4. The record of meeting of relatives in case of eligibility for receiving monthly allowance but receipt of lump-sum survivorship allowance is chosen (Form No. 16-HSB, the original) (in case there is only one relative eligible for receiving monthly survivorship allowance and this person chooses to receive lump-sum survivorship allowance, this record is not required).

5. In case of death caused by an occupational accident, a record of occupational accident investigation is additionally required. In case of a traffic accident which is identified as an occupational accident, one of the following documents is required: record of examination of the scene, drawing of the scene of the traffic accident or record of traffic accident of the public security agency or the army’s criminal investigation agency; in case the above documents are not available, certification of the accident by the public security agency of the commune, ward or township where the accident occurs is required.

6. In case of death caused by an occupational disease: The medical record on treatment of the occupational disease is additionally required.

7. For a relative (of the deceased eligible for survivorship allowance) suffering working capacity deficiency, one of the following papers is additionally required: Certificate of particularly serious disability (equivalent to a working capacity deficiency rate of 81% or higher) as prescribed by Circular No. 37/2012/TTLT- of-BLDTBXH-BYT-BTC-BGDDT or Record of assessment of working capacity deficiency level of the Medical Assessment Council.

Note: If submission of the original of the above dossier components is not required according to regulations, they may be submitted in their original, copy with the original for comparison, certified copy or copy granted from the master register.

Within 15 days after receiving a complete and valid dossier as prescribed.

1. Conditions for enjoying monthly survivorship allowance

When dying, persons prescribed in Clauses 1 and 3, Article 66 of the 2014 Law on Social Insurance who fall into one of the following cases will have their relatives entitled to monthly survivorship allowance:

- Having paid social insurance premiums for full 15 years or longer but not having received lump-sum social insurance;

- Being on pension;

- Dying of an occupational accident or disease;

- Being on monthly occupational accident or disease allowance with a working capacity deficiency rate of 61% or higher.

Relatives of persons mentioned above are entitled to monthly survivorship allowance, comprising:

• Under-18 children; children aged full 18 years old or older who suffer a working capacity deficiency rate of 81% or higher; posthumous children;
• Wife aged full 55 years old or older, or husband aged full 60 years old or older; wife aged under 55 or husband aged under 60 who suffers a working capacity deficiency rate of 81% or higher;
• Natural father, natural mother, natural father of wife or husband, natural mother of wife or husband and other family members whom the social insurance buyer is having the obligation to nurture as prescribed by the law on marriage and family if they are full 60 years older or older, for men, and full 55 years or older, for women;
• Natural father, natural mother, natural father of wife or husband, natural mother of wife or husband and other family members whom the social insurance buyer is having the obligation to nurture as prescribed by the law on marriage and family if they are under 60, for men, and under 55, for women and suffer a working capacity deficiency rate of 81% or higher;
• The above relatives must be those having no income or having a monthly income lower than the basic salary level. Incomes as prescribed by the 2014 Law on Social Insurance do not include allowances prescribed by the law on preferential treatment for persons with meritorious services.

2. Conditions for enjoying lump-sum survivorship allowance:

When dying, persons prescribed in Clauses 1 and 3, Article 66 of the 2014 Law on Social Insurance who fall into one of the following cases will have their relatives entitled to lump-sum survivorship allowance:

• Employees dying other than in the cases specified in Clause 1 above;
• Employees dying in one of the cases specified in Clause 1 above but having no relative eligible for enjoying monthly survivorship allowance as prescribed in Clause 2, Article 67 of the 2014 Law on Social Insurance;
• Relatives eligible for enjoying monthly survivorship allowance as prescribed in Clause 2, Article 67 of the 2014 Law on Social Insurance but wishing to receive lump-sum survivorship allowance, except for under-6 children and children or wife or husband suffering a working capacity deficiency rate of 81% or higher;
• For employees who die without having relatives under Clause 6, Article 3 of the 2014 Law on Social Insurance, lump-sum survivorship allowance must comply with the law on inheritance.

3. Conditions for enjoyment for persons once having worked as a cooperative chairperson: Persons who die after once working as chairpersons of commune-level agricultural, fisheries or salt-making cooperatives (below referred to as cooperative chairperson) from July 1, 1997 or earlier, and after stopping working as cooperative chairpersons, having performed one of the jobs prescribed in Article 1 Decision No. 250/QD-TTg.