03:00 | 22/09/2023

What are the conditions for receiving retirement pension when participating in compulsory social insurance in 2023? Which agency is responsible for payment of retirement pension in Vietnam?

What are the conditions for receiving retirement pension when participating in compulsory social insurance in 2023? Which agency is responsible for payment of retirement pension in Vietnam? A.Q - Gia Lai.

What are the conditions for receiving retirement pension when participating in compulsory social insurance in Vietnam in 2023?

In Article 54 of the Law on Social Insurance 2014, amended by Clause 1, Article 219 of the Labor Code 2019, the conditions for receiving retirement pension when participating in compulsory social insurance in 2023 are stipulated as follows:

- An employee mentioned in Points a, b, c, d, g, h and i Clause 1 Article 2 of Article 54 of the Law on Social Insurance 2014, except for the cases specified in Clause 3, Article 54 of the Law on Social Insurance 2014, 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 Labor Code 2019;

+ He/she has reached the retirement age specified in Clause 3 Article 169 of the Labor Code 2019 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 Labor Code 2019 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 Law on Social Insurance 2014 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 Labor Code 2019 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 Labor Code 2019 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 Labor Code 2019 will receive the retirement pension.

What are the conditions for receiving retirement pension when participating in compulsory social insurance in 2023? Which agency is responsible for payment of retirement pension in Vietnam?

Which agency is responsible for payment of retirement pension in Vietnam?

Pursuant to Article 93 of the Law on Social Insurance 2014, it is stipulated as follows:

Social insurance agencies
1. Social insurance agency is a state agency functioning to implement social insurance benefits and policies, manage and use social insurance, health insurance and unemployment insurance funds, inspect the payment of social insurance, unemployment insurance and health insurance premiums, and perform other tasks in accordance with this Law.
2. The Government shall stipulate in detail the organization, tasks and powers of social insurance agencies.

Thus, the social insurance agency will be the place to pay pensions to pension beneficiaries.

Accordingly, whichever locality a person receives pension in, the social insurance agency in that locality will be responsible for paying pension.

Vietnam: Can a person on pension who moves to another province receive social insurance allowance at the new place of residence?

In Article 115 of the Law on Social Insurance 2014, there are regulations on change of places for receiving pension or social insurance allowance 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, pensioners 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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