Complete Dossier and Procedures for Official's Retirement Pension in 2019

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TEMPLATE FOR RETIREMENT DECISION UNDER SOCIAL INSURANCE REGIME

1. Regarding pension procedures

According to the provisions of Decree 46/2010/ND-CP, the procedure for pension benefits includes the following steps:

Step 1: Announce the retirement date

According to Article 9 of Decree 46, the retirement date of an official is the 1st day of the month immediately following the month the official reaches the retirement age as prescribed. In cases where the official’s dossier does not clearly state the day and month of birth within the year, the retirement date is January 1 of the year immediately following the year the official reaches the retirement age as prescribed.

However, there are some cases where the retirement date will be postponed compared to the regulations, specifically the following cases:

- Postponed by no more than 01 month for any of the following cases: the retirement date coincides with Lunar New Year holidays; the official has a spouse, parents (of the official or spouse), or children who pass away or are declared missing by the Court; the official and their family suffer damage due to natural disasters, enemy sabotage, or fire;

- Postponed by no more than 03 months for any of the following cases: suffering from a serious illness or accident with a certificate from the hospital;

- Postponed by no more than 06 months for cases undergoing treatment for illnesses on the list of long-term treatment conditions issued by the Ministry of Health, with a certificate from the hospital.

After determining the retirement date, 06 months before the retirement date, the managing agency, organization, or unit of the official must issue a written notice about the retirement date and prepare a replacement.

Step 2: Issue a retirement decision

03 months before the retirement date, the managing agency, organization, or unit of the official must issue a retirement decision.

Step 3: Report labor reduction and close the social insurance book (Clause 5 Article 21 Law on Social Insurance 2014)

After issuing the retirement decision, the unit cooperates with the social insurance organization to carry out the Labor Reduction Report - Close Social Insurance Book for the employee.

Step 4: Prepare the pension dossier (Clause 1 Article 110 Law on Social Insurance 2014)

Within 30 days before the employee is entitled to a pension, the unit shall submit the pension dossier to the social insurance agency.

Step 5: Pension payment

Within 20 days from the date of receiving the complete dossier, the social insurance agency is responsible for processing and organizing the payment for the employee. (Clause 4 Article 110 Law on Social Insurance 2014)

2. Regarding the pension dossier

The pension dossier will be implemented according to Point a, Sub-Point 1.2.2, Clause 1 Article 6 of Decision 166/QD-BHXH promulgating the procedures for resolving the enjoyment of social insurance policies and paying social insurance and unemployment insurance policies. Specifically, the dossier includes:

- Social insurance book.

- Retirement decision according to the form issued with Decree 46/2010/ND-CP or Retirement decision according to form No. 12-HSB or document terminating the labor contract with retirement benefits.

In cases where officials retire due to a decrease in working capacity (DWCP), the dossier should include an additional Health Council’s minutes of the degree of DWCP for those retiring due to DWCP or a copy of the certificate of HIV/AIDS infection due to occupational risks (equivalent to a 61% DWCP rate) for those infected with HIV/AIDS due to occupational risks.

Thanh Lam

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