Are employees entitled to pensions if they have paid compulsory social insurance for 15 years? What are additional social insurance benefits in Vietnam?
How many years of paying social insurance contributions are required for an employee to receive a pension under current compulsory social insurance regulations in Vietnam?
Based on Article 54 of the Law on Social Insurance 2014 (amended by point a, clause 1, Article 219 of the Labor Code 2019), the conditions for pension entitlement are as follows:
Conditions for pension entitlement
1. Employees specified at points a, b, c, d, g, h, and i, clause 1, Article 2 of this Law, except for the cases specified in clause 3 of this Article, are entitled to a pension if they have paid social insurance contributions for 20 years or more and fall into one of the following cases:
a) Reaching the age as prescribed in clause 2, Article 169 of the Labor Code;
b) Reaching the age as prescribed in clause 3, Article 169 of the Labor Code and having completed 15 years of working in heavy, hazardous, dangerous, or exceptionally heavy, hazardous, or dangerous jobs as listed by the Ministry of Labor, Invalids and Social Affairs or having completed 15 years of working in areas with exceptionally difficult socio-economic conditions, including periods of working in regions with regional allowances of coefficient 0.7 or higher before January 1, 2021;
c) Employees who are up to 10 years younger than the retirement age prescribed in clause 2, Article 169 of the Labor Code and have completed 15 years of underground coal mining;
d) Those who are infected with HIV/AIDS due to occupational accidents while performing their assigned tasks.
Employees who satisfy the conditions for pension entitlement as prescribed and have paid social insurance contributions for 20 years or more are entitled to a pension.
Are employees entitled to pensions if they have paid compulsory social insurance for 15 years? What are additional social insurance benefits in Vietnam?
Are employees entitled to pensions if they have paid compulsory social insurance for 15 years?
According to Article 71 of the Draft Law on Social Insurance Amendments, the conditions for pension entitlement are as follows:
- Employees specified at points a, b, c, e, g, h, i, k, l, m, clause 1 and clause 2, Article 31 of the Draft Law on Social Insurance Amendments, are entitled to a pension if they have paid social insurance contributions for 15 years or more and fall into one of the following cases:
+ Reaching the age of 61 years and 3 months for men and 56 years and 8 months for women; thereafter, each year, the retirement age increases by 3 months for men until they reach 62 years old in 2028 and by 4 months for women until they reach 60 years old in 2035;
+ Employees who are up to 5 years younger than the age specified at point a of this clause and have completed 15 years of working in heavy, hazardous, dangerous, or exceptionally heavy, hazardous, or dangerous jobs as listed by the Ministry of Labor, Invalids and Social Affairs or having completed 15 years of working in areas with exceptionally difficult socio-economic conditions, including periods of working in regions with regional allowances of coefficient 0.7 or higher before January 1, 2021;
+ Employees who are up to 10 years younger than the age specified at point a of this clause and have completed 15 years of underground coal mining in accordance with the regulations of the Government of Vietnam;
+ Those who are infected with HIV/AIDS due to occupational accidents while performing their assigned tasks.
- Employees specified at points d and đ, clause 1, Article 31 of the Draft Law on Social Insurance Amendments are entitled to a pension if they have paid social insurance contributions for 15 years or more and fall into one of the following cases:
+ Being up to 5 years younger than the age specified at point a, clause 1, Article 71 of the Draft Law on Social Insurance Amendments, except as provided by the Law on Officers of the Vietnam People's Army, the Law on People's Public Security, the Law on Cipher, Law on Professional Soldiers, Defense Workers, and Defense Public Employees;
+ Being up to 10 years younger than the age specified at point a, clause 1, Article 71 of the Draft Law on Social Insurance Amendments, and having completed 15 years of working in heavy, hazardous, dangerous, or exceptionally heavy, hazardous, or dangerous jobs as listed by the Ministry of Labor, Invalids and Social Affairs or having completed 15 years of working in areas with exceptionally difficult socio-economic conditions, including periods of working in regions with regional allowances of coefficient 0.7 or higher before January 1, 2021;
+ Those who are infected with HIV/AIDS due to occupational accidents while performing their assigned tasks.
- Conditions for pension entitlement age for some special cases as regulated by the Government of Vietnam.
- Employees specified in clauses 1, 2, and 3, Article 71 of the Draft Law on Social Insurance Amendments whose retirement insurance benefit determination date is after the effective date of the amended Social Insurance Law must meet the requirement of having paid social insurance contributions for 20 years or more.
Will additional social insurance benefits be added?
This proposal is outlined in Article 4 of the Draft Law on Amendments to the Law on Social Insurance. The social insurance benefits include:
(1) Social pension allowance.
(2) compulsory social insurance includes the following benefits:
- Sickness;
- Maternity;
- Pension;
- Survivors' insurance;
- Occupational accident and occupational disease insurance as prescribed by the Law on Occupational Safety and Health.
(3) Voluntary social insurance includes the following benefits:
- Maternity;
- Pension;
- Survivors' insurance;
- Occupational accident insurance as prescribed by the Law on Occupational Safety and Health.
(4) Additional pension insurance as regulated by the Government of Vietnam.
This draft has supplemented the following social insurance policies:
- Social pension allowance.
- Maternity and occupational accident insurance in voluntary social insurance.
According to the above proposal, additional maternity and occupational accident insurance policies will be added for participants in voluntary social insurance.
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