In case an employee has reached the retirement age but has not accumulated 20 years of social insurance contributions and wishes to receive a pension, they can proceed according to the following regulations.
According to the provisions of Article 73 of the 2014 Social Insurance Law, employees who wish to receive a pension must meet two conditions:
- Regarding retirement age: males must be 60 years old, and females must be 55 years old;
- Regarding the number of years of social insurance contributions: at least 20 years.
Furthermore, Article 60 of the 2014 Social Insurance Law stipulates that employees who leave their jobs without meeting the conditions for pension entitlement as prescribed in Articles 54 and 55 of this Law or have not received a lump-sum social insurance payout as stipulated in Article 60 of this Law shall have their social insurance contribution period preserved.
Additionally, Clause 3, Article 5 of this Law also stipulates that employees who have both mandatory social insurance contribution periods and voluntary social insurance contribution periods are entitled to pension and survivor policies based on the time they have contributed to social insurance.
Therefore, employees who reach retirement age but have not contributed enough for 20 years of social insurance can preserve their social insurance contribution period and register to participate in voluntary social insurance to meet the requirement for the number of years of social insurance contributions and then will be entitled to a pension as prescribed.
Duy Thinh
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