Will Vietnamese employees who cease working without being eligible for pension be entitled to have their period of social insurance premium payment reserved?
- Will Vietnamese employees who cease working without being eligible for pension be entitled to have their period of social insurance premium payment reserved?
- What are the conditions for receiving retirement pension in Vietnam?
- Vietnam: Can a person on pension who moves to another place receive social insurance allowance at the new place of residence?
Will Vietnamese employees who cease working without being eligible for pension be entitled to have their period of social insurance premium payment reserved?
In Article 61 of the Law on Social Insurance 2014, there are regulations on reserving social insurance payment time as follows:
Reservation of period of social insurance premium payment
Employees who cease working without being eligible for pension specified in Article 54 or 55 of this Law or without receiving a lump-sum social insurance allowance provided in Article 60 of this Law are entitled to have their period of social insurance premium payment reserved.
Thus, employees who cease working without being eligible for pension or without receiving a lump-sum social insurance allowance are entitled to have their period of social insurance premium payment reserved..
Will Vietnamese employees who cease working without being eligible for pension be entitled to have their period of social insurance premium payment reserved?
What are the conditions for receiving retirement pension in Vietnam?
Pursuant to Article 54 of the Law on Social Insurance 2014, amended by Point a, Clause 1, Article 219 of the Labor Code 2019, it is stipulated as follows:
Conditions for receiving retirement pension
1. An employee mentioned in 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, will receive retirement pension if he/she has paid social insurance for at least 20 years and:
a) He/she has reached the retirement age specified in Clause 2 Article 169 of the Labor Code;
b) He/she has reached the retirement age specified in Clause 3 Article 169 of the 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;
c) His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 10 years and he/she has worked in coal mines for at least 15 years; or
d) He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.
2. An employee mentioned in Points dd and e Clause 1 Article 2 of this Law will receive retirement pension if he/she has paid social insurance for at least 20 years and:
a) His/her age is younger than the retirement age specified in Clause 2 Article 169 of the 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;
b) His/her age is younger than the retirement age specified in Clause 3 Article 169 of the 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
c) He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.
3. 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 Labor Code will receive the retirement pension.
4. The Government shall provide for special cases of retirement age.
Thus, current conditions for receiving retirement pension in Vietnam are implemented according to the contents of the above regulations.
Vietnam: Can a person on pension who moves to another place receive social insurance allowance at the new place of residence?
In Article 115 of the Law on Social Insurance 2014, there are regulations on moving places to receive pensions and social insurance benefits as follows:
Change of places for receiving pension or social insurance allowance
When a person on pension or monthly social insurance allowance moves to another place of residence within the country and wishes to receive social insurance allowance at the new place of residence, he/she shall submit an application to the social insurance agency of the place where he/she currently receives the allowance.
Within 5 working days after receiving such application, the social insurance agency shall settle the receipt of pension or social insurance allowance by the employee at the new place of residence, or issue a written reply clearly stating the reason for its refusal to settle such receipt.
Thus, persons on pension who move to another province are still eligible to receive social insurance in their new place of residence. The social insurance agency will be responsible for resolving within 05 working days from the date of receipt of the application.
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