How to settle the retirement pension benefits for employees who have not fully paid social insurance premiums in Vietnam?
- What are the conditions for receiving retirement pension in Vietnam in 2023?
- What is the time for retirement pension enjoyment in case the participants of voluntary social insurance wish to make one-time payment voluntarily for the years of missing payment?
- How to settle the retirement pension benefits for employees who have not fully paid social insurance premiums in Vietnam?
What are the conditions for receiving retirement pension in Vietnam in 2023?
Conditions for receiving retirement pension in Vietnam in 2023 are specified in Article 54 of the 2014 Law on Social Insurance in Vietnam as amended by point a, clause 1, Article 219 of the 2019 Labor Code of Vietnam as follows:
- An employee mentioned in Points a, b, c, d, g, h and i Clause 1 Article 2 of the 2014 Law on Social Insurance in Vietnam, except for the cases specified in Clause 3 of the 2014 Law on Social Insurance in Vietnam, will receive retirement pension if he/she has paid social insurance for at least 20 years and:
+ He/she has reached the retirement age specified in Clause 2 Article 169 of the 2019 Labor Code;
+ He/she has reached the retirement age specified in Clause 3 Article 169 of the 2019 Labor Code and has at least 15 years’ doing the laborious, toxic or dangerous works or highly laborious, toxic or dangerous works on the lists of the Ministry of Labor, War Invalids and Social Affairs; or has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region factor of at least 0,7 before January 01, 2021;
+ His/her age is younger than the retirement age specified in Clause 2 Article 169 of the 2019 Labor Code by up to 10 years and he/she has worked in coal mines for at least 15 years; or
+ He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.
- An employee mentioned in Points dd and e Clause 1 Article 2 of the 2014 Law on Social Insurance in Vietnam will receive retirement pension if he/she has paid social insurance for at least 20 years and:
+ His/her age is younger than the retirement age specified in Clause 2 Article 169 of the 2019 Labor Code by up to 05 years, unless otherwise prescribed by the Law on Military Officer of Vietnam’s Army, the Law of People’s Police, the Law on Cipher and the Law on professional servicemen and women, national defense workers and officials;
+ His/her age is younger than the retirement age specified in Clause 3 Article 169 of the 2019 Labor Code by up to 05 years and he/she has at least 15 years’ doing the laborious, toxic or dangerous works or highly laborious, toxic or dangerous works on the lists of the Ministry of Labor, War Invalids and Social Affairs; or has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region factor of at least 0,7 before January 01, 2021; or
+ He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.
- A female employee that is a commune official or a part-time worker at the commune authority and has paid social insurance for 15 to under 20 years and reaches the retirement age specified in Clause 2 Article 169 of the 2019 Labor Code will receive the retirement pension.
- The Government shall provide for special cases of retirement age.
How to settle the retirement pension benefits for employees who have not fully paid social insurance premiums in Vietnam? (Image from the Internet)
What is the time for retirement pension enjoyment in case the participants of voluntary social insurance wish to make one-time payment voluntarily for the years of missing payment?
According to the provisions of Clause 2, Article 5 of Circular No. 01/2016/TT-BLDTBXH, the time for pension enjoyment is as follows:
- Where the participants of voluntary social insurance wish to make one-time payment voluntarily for the years of missing payment in accordance with the provisions in Clause 2, Article 8 of Circular No. 01/2016/TT-BLDTBXH to meet the conditions for their pension entitlement, the time to enjoy the pension is from the 1st date of the month succeeding the month of full payment of premium for the years of missing payment.
How to settle the retirement pension benefits for employees who have not fully paid social insurance premiums in Vietnam?
On June 21, 2023, Vietnam Social Security has just issued Official Dispatch No. 1880/BHXH-CSXH in 2023 on social insurance benefits for employees who have not fully paid social insurance premiums.
Pursuant to Point 2.1, Clause 2, Section III of Official Dispatch No. 1880/BHXH-CSXH in 2023 stipulating that the Social Insurance Agency shall settle pension enjoyment in the following cases:
- Employees who are eligible for pension age and have actually paid social insurance premiums for full 20 years or more (excluding the time when social insurance premiums have not been paid) will be entitled to pension enjoyment in accordance with the policy at the time of eligibility for pension.
+ When the unpaid social insurance premium is compensated by the unit or another financial source, additional calculation of the period of payment of social insurance premiums (if any) is required to adjust the enjoyment rate according to the provisions of the policy at the time of enjoying the previously settled pension and additionally paying the difference in benefit to the employee from the time of enjoying.
- Employees who are eligible for pension age and have paid social insurance premiums for a period of between full 10 years and under 20 years (excluding the time when social insurance premiums have not been paid) and employees wish to, he/she can pay voluntary social insurance once for the missing years to be eligible for monthly pension; the time for pension enjoyment shall comply with the provisions of Clause 2, Article 5 of Circular No. 01/2016/TT-BLDTBXH in 2016 of the Ministry of Labor, War Invalids and Social Affairs.
+ When the unpaid social insurance premium is compensated by the unit or another financial source, additional calculation of the period of payment of social insurance premiums (if any) is required to adjust the enjoyment rate in accordance with the policy at the time of receiving the previously settled pension and additionally pay the difference in benefits to the employee from the time of enjoyment (not refunding the amount of money the employee has paid voluntary social insurance to be consistent with the guidance in Official Dispatch No. 276/LDTBXH-BHXH in 2023 of the Ministry of Labor, War Invalids and Social Affairs).
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