📋 Tender Overview
Ms. Ngan Thuy (Dong Thap) was born in 1969, has paid compulsory social insurance since December 2010 until now for 14 years and 9 months. Ms. Thuy asked, in January 2026, she is old enough to receive a pension, but if she wants to receive a one-time social insurance, can she receive it immediately or must she wait after 1 year of not participating in social insurance? Ms. Thuy also wants to know, while waiting to receive a one-time social insurance, can she register to receive unemployment insurance? Regarding this issue, Dong Thap Provincial Social Insurance answered as follows: Regarding one-time social insurance, according to the provisions at Point d, Clause 1. 1 Article 70 and in Decree No. August 25, 2025 of the Government, employees who have paid social insurance before July 1, 2025, and after 12 months are not subject to compulsory social insurance but also do not participate in voluntary social insurance and have paid social insurance for less than 20 years are entitled to one-time social insurance. In Clause 2, Article 14 of Decree No. 158/2025/ND-CP stipulates that the case of an employee who is both eligible to receive one-time social insurance (under 20 years) according to the provisions of Point dd, Clause 1, Article 70 of the 2024 Law on Social Insurance and also eligible for age pension according to Article 64 of the 2024 Social Insurance Law, will be resolved according to the employees written request. Compare with the case of Ms. Thuy born in 2024. 1969, according to the information she provided, in January 2026 she is eligible to receive a pension (56 years and 8 months). If she wants to receive one-time social insurance, she will be given the option to receive one-time social insurance according to her request. However, in this case, she must wait after 12 months of not participating in social insurance to receive unemployment insurance. Conditions for receiving unemployment insurance Regarding registering to receive unemployment insurance while waiting to receive one-time social insurance: According to the provisions of Article 38, effective from January 1, 2026, to receive unemployment benefits, employees need to fully meet the following conditions:a) Termination of labor contract, working contract or terminate employment according to the provisions of law but not in one of the cases where the employee unilaterally terminates the labor contract illegally according to the provisions of the Labor Code or the employee quits his job when eligible to receive pension.b) Has paid unemployment insurance for 12 months or more within the 24-month period before terminating the labor contract, employment contract or termination of employment according to the provisions of law. In case the employee works under a labor contract with a term of from 01 month to less than 12 months, you must pay 12 months or more within 36 months before terminating the labor contract.c) Have submitted a complete application for unemployment benefits within 03 months from the date of termination of the labor contract, employment contract or termination of employment.d) Within 10 working days from the date of submitting a complete application for unemployment benefits, the employee is not in one of the cases of having a job and is subject to participation. Participate in compulsory social insurance according to the provisions of the Law on Social Insurance or perform military service, participate in the Peoples Police, permanent militia or go to study for a period of more than 12 months or comply with a decision to apply the measure of being sent to a compulsory educational establishment, a compulsory detoxification facility or be detained, serve a prison sentence or settle abroad or die. Comparing the case of Ms. Thuy, by January 2026 she is eligible for pension age but is not yet eligible for pension. enough years of social insurance payment (14 years and 9 months) to enjoy retirement benefits. Therefore, Ms. Thuy is registered to receive unemployment insurance while waiting for the one-time social insurance settlement according to her wishes.Chinhphu.vn
