Guidelines on Resolving One-time Social Insurance Benefits (VSS)

Together with VSS’ Official Letter No. 3350/BHXH-CSXH dated October 17, 2023, regarding the implementation of Official Letter No. 4176/LDTBXH-BHXH dated October 4, 2023 from the Ministry of Labor, Invalids and Social Affairs (MOLISA), to ensure the correct implementation of legal regulations and timely recovery to the Social Security Fund when detecting decisions of benefits don’t comply with the regulations, the VSS requests provincial social insurance offices to review and handle cases of one-time social insurance benefits not in accordance with the provisions of the Law on Social Insurance 2006, the Law on Social Insurance 2014, Resolution No. 93/2015/QH13, Decree No. 115/2015/ND-CP, Decree No. 134/2015/ND-CP, and related guidance documents.

Specifically, in case one-time social insurance benefits is not uncomplied, provincial/district social security office shall issue Decisions on one-time social insurance benefits according to the delegated resolution, in coordination with relevant provincial/district-level social insurance offices (if any), identifying specific reasons. Accordingly, the provincial/district-level social insurance office makes resolution on cancelling the Decision on one-time social insurance benefits and adjust the benefits amount based on the consumer price index of each period (if any), and recover the incorrectly payment amount to the Social Insurance Fund.

After recovering the full amount of incorrect benefits payment of Social Insurance Fund, the provincial/district-level social insurance offices requests the cancellation of one-time social insurance benefits through the "Approval/Proposal for cancellation of one-time social insurance benefits" function on the attached Decision-making software (TCS) with relevant evidence: Decision to cancel the Decision on one-time social insurance benefits, payment, etc. The recovery of incorrectly social insurance benefits payment is carried out through bank transfer or direct deposits into the account of the provincial/district-level social security office where the resolution is made.

Within 2 working days from the date of receiving the proposal to cancel the inquiry into one-time social insurance benefits from the provincial/district-level social insurance office, the Information Technology Center (VSS) approves the cancellation of one-time social insurance benefits inquiry on the TCS software under the "Inquiry" section. After receiving the approval result on the software, the SI implementation division makes the resolution and compiles a list according to form D16-TS issued with Decision No. 948/QD-BHXH dated June 5, 2023, and transfers it to the contribution collection, SI book and HI card division to restore the process in social insurance participation and issue or merge social insurance books for employees as prescribed. The restoration of the social insurance participation process for those who have received one-time social insurance benefits is only carried out after the full recovery of incorrect benefits payment to the Social Insurance Fund. When detecting recipients of one-time social insurance benefits are not in compliance by other provincial/district-level social insurance offices, the provincial/district-level social insurance offices where the detection is made notify the relevant provincial/district-level social insurance office through the TCS software.

The provincial/district-level social insurance office that the resolution is made conduct inspections and reviews of cases of one-time social insurance benefits not in compliance detected by other provincial/district-level social insurance office through the TCS software. In case the beneficiaries don’t comply with the regulation, the procedure is implemented as instructed in Section 1.1, Item 1 of this document. In case the compliance is confirmed, notification is sent back to the provincial/district-level social insurance offices detected through the TCS software.

Illustrative image (VSS)

When the TCS software does not meet the above procedure, the provincial/district-level social insurance office will send notifications via the Document Management and Operation System (Eoffice) to the relevant provincial/district-level social insurance office for consideration of cancelling the Decision on one-time social insurance benefits and implementation until the Information Technology Center upgrades and adjusts the TCS software according to the instructions in this document. At the beginning of the following month, a report on the results of inspections and recovery of incorrectly disbursed one-time social insurance benefits according to the Announcement on Audit Results No. 702/TB-KTNN dated December 25, 2019, and December 2, 2022, from the State Audit Office, and other recovery cases of the previous month following the content specified at Section 1.1, Item 1, and the form attached to this document is submitted and signed on the TCS software.

In cases of individuals with multiple social insurance numbers or with incorrect social insurance payment periods are discovered, one-time social insurance benefits are received (paying incorrectly, overlapping social insurance participation periods), the cancellation of the benefits decision and recovery of incorrectly disbursed amounts are carried out as prescribed at Section 1 of this document, along with the refund of incorrectly paid social insurance, unemployment insurance according to the regulations. At the same time, benefits for sickness, maternity, occupational accidents and diseases, and unemployment benefits arising from the social insurance payment process, and incorrect unemployment benefits are recovered (if any). In cases of discovering the misuse of legal documents to establish labor contracts and participate in social and unemployment insurance, based on the provisions of the law (Labor Code, Civil Code), guidance from competent authorities and the VSS are followed for consideration and handling according to regulations.

The VSS also requests the directors of provincial Social Security office to direct and thoroughly implement solutions to ensure compliance with policy regulations and minimize the cancellation of decisions and recovery of incorrectly disbursed social insurance funds. Previous regulations conflicting with the provisions of this document shall be implemented according to this document. During the implementation process, if there are difficulties, timely feedback and proposals for necessary amendments and supplements to the VSS for appropriate guidance should be made./.