Amendments to conditions for receiving pension in Vietnam (Proposal)

Amendments to conditions for receiving pension in Vietnam (Proposal) (Internet image)

1. Amendment of conditions for receiving pension in Vietnam (Proposal)

Article 71 of the draft amended Law on Social Insurance stipulates the conditions for pension enjoyment as follows:

- For employees specified at Points a, b, c, e, g, h, i, k, l, m, Clause 1 and 2, Article 31 of the amended Law on Social Insurance, when they retire from work and have paid social insurance premiums for at least 15 years, they are entitled to pension if they fall into one of the following cases:

+ Full 61 years and 03 months for male employees and full 56 years and 08 months for female employees; after that, every year increase by 03 months for male employees until they reach the age of 62 in 2028 and increase by 04 months every year for female employees until they reach 60 years of age in 2035;

+ The employee is at most 05 years younger than the age specified at Point a of this Clause and has had full 15 years of working in heavy, hazardous, or dangerous occupations or jobs, or particularly heavy, toxic, or dangerous on the list promulgated by the Ministry of Labor, War Invalids, and Social Affairs; or has had full 15 years of working in an area with extremely difficult socio-economic conditions, including working time in a place with a regional allowance coefficient of 0.7 or more before January 1, 2021;

+ The employee is at most 10 years younger than the age specified at Point a of this Clause and has had a full 15 years of working in coal mining in accordance with the Government's regulations;

+ Persons infected with HIV/AIDS due to occupational accidents while performing assigned tasks.

- Employees specified at Points d and dd, Clause 1, Article 31 of the amended Law on Social Insurance who retire from work and have paid social insurance premiums for at least 15 years are entitled to a pension in one of the following cases:

+ Having a maximum age of 5 years younger than the age specified at Point a, Clause 1 of this Article, except for the case of the Law on Vietnam People's Army Officer, the Law on People's Public Security, the Law on Ciphers, and the Law on professional servicemen and women, National defense workers and official have other regulations;

+ Having a maximum age of 10 years younger than the age specified at Point a, Clause 1 of this Article, and having worked for a full 15 years in heavy, hazardous, or dangerous occupations or jobs, or particularly heavy, hazardous, or dangerous jobs on the list promulgated by the Ministry of Labor - Invalids, and Social Affairs, or having completed the full 15 years of working in an area with extremely difficult socio-economic conditions, including working time in a place with a regional allowance coefficient of 0.7 or more before January 1, 2021;

+ Persons infected with HIV/AIDS due to occupational accidents while performing assigned tasks.

- Conditions on pension age for some special cases as prescribed by the Government.

- For the employee specified in Clauses 1, 2 and 3 of this Article, who shall enjoy lump-sum social insurance after the effective date of the revised Law on Social Insurance, the condition to enjoying the pension is to have paid social insurance premiums for a full 20 years or more.

Currently, according to Article 54 of the Law on Social Insurance 2014, employees who want to enjoy a pension must pay social insurance contributions for a full 20 years or more.

2. Proposal to supplement some social insurance regimes in Vietnam 

According to Article 4 of the draft amended Law on Social Insurance, the social insurance regimes in Vietnam include:

(1) Social pension benefits.

(2) Compulsory social insurance has the following regimes:

- Sick;

- Maternity;

- Retire;

- Death of the dead;

- Insurance for occupational accidents and diseases according to the provisions of the Law on Occupational Safety and Hygiene.

(3) Voluntary social insurance has the following regimes:

- Maternity;

- Retire;

- Death of the dead;

- Occupational accident insurance according to the provisions of the Law on Occupational Safety and Hygiene.

(4) Additional pension insurance is regulated by the Government.

Thus, this draft has added the following social insurance regimes:

- Social pension benefits.

- Maternity and occupational accident benefits are included in voluntary social insurance.Amendments to conditions for receiving pension in Vietnam (Proposal) (Internet image)

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