What is pension level that commune-level specialized officials who have paid insurance for 22 years and 2 months entitled to in Vietnam?

What is pension level that commune-level specialized officials who have paid insurance for 22 years and 2 months entitled to in Vietnam?

Pursuant to Clause 1, Article 54 of the 2014 Law on Social Insurance, regulations on conditions for pension enjoyment are as follows:

1. Employees defined at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except those defined in Clause 3 of this Article, who have paid social insurance premiums for at least full 20 years are entitled to pension when falling in one of the following cases:

a/ Being full 60 years old, for men, or full 55 years old, for women;

b/ Being between full 55 years and full 60 years old, for men, or between full 50 years and full 55 years old, for women, and having full 15 years doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or having full 15 years working in areas with a region-based allowance coefficient of 0.7 or higher;

c/ Employees who are between full 50 years and full 55 years old and have paid social insurance premiums for at least full 20 years, including full 15 years spent in coal mines;

d/ Employees who are infected with HIV/AIDS due to occupational risks.

Accordingly, Point i, Clause 1, Article 2 of the 2014 Law on Social Insurance stipulates that part-time staffs in communes, wards and townships are subject to compulsory social insurance participation.

In Clause 7, Article 85 of Decree 134/2015/ND-CP guiding the Law on Social Insurance on voluntary social insurance, there are regulations on calculating retirement and death benefits in case of insurance payment period with odd months are calculated as follows:

- From 01 month to 06 months is considered half a year;

- From 07 months to 11 months is counted as one year.

In addition, Article 56 of the 2014 Law on Social Insurance stipulates monthly pension as follows:

1. From the effective date of this Law to January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in Article 54 of this Law must equal 45% of the average monthly salary on which social insurance premiums are based as prescribed in Article 62 of this Law, corresponding to 15 years of social insurance premium payment, which shall be added with 2%, for men, or 3%, for women, for each additional year of social insurance premium payment, but must not exceed 75%.

Thus, according to current regulations in Vietnam, your father is eligible for pension, so the pension level will be calculated as follows:

15 years of social insurance payment = 45%

7 years of social insurance payment = 7 x 2% = 14%

2 months of social insurance payment = 1/2 year = 0.5% x 2% = 1%

According to this Article in Vietnam, your father's pension according to current regulations will be 60% of your father's salary.

What is pension level that commune-level specialized officials who have paid insurance for 22 years and 2 months entitled to in Vietnam? (Image from the Internet)

Can part-time officials receive lump-sum social insurance in Vietnam? 

According to Article 77 of the 2014 Law on Social Insurance, regulations on lump-sum social insurance allowance are as follows:

1. Employees defined in Clause 4, Article 2 of this Law are entitled to a lump-sum social insurance allowance upon request if they fall in one of the following cases:

a/ They satisfy the age requirement specified at Point a, Clause 1, Article 73 of this Law but have paid social insurance premiums for under 20 years and do not continue paying social insurance premiums;

b/ They settle abroad;

c/ They suffer a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health.

2. The lump-sum social insurance allowance shall be calculated based on the number of years of social insurance premium payment; for each year of payment they are entitled to:

a/ 1.5 times the average monthly income on which social insurance premiums are based, for the years of payment prior to 2014;

b/ 2 times the average monthly income on which social insurance premiums are based, for the years of payment since 2014;

c/ In case the period of social insurance premium payment is under 1 year, the social insurance allowance must equal the paid premium amount but must not exceed 2 times the average monthly income on which social insurance premiums are based.

3. The lump-sum social insurance allowance for the subjects eligible for the State’s support under Clause 2 of this Article is exclusive of the State’s monetary support for payment of voluntary social insurance premiums, except the case specified at Point c, Clause 1 of this Article.

4. The time for enjoying the lump-sum social insurance allowance is the time stated in decisions of social insurance agencies.

5. The social insurance benefits for employees covered by voluntary social insurance and currently on pension who settle abroad shall be implemented under Clauses 1 and 2, Article 65 of this Law.

According to this Article, part-time officials are subject to the exclusion in Clause 4, Article 2. Therefore, part-time officials will not be eligible to receive lump-sum social insurance in Vietnam.

Best regards.