Cases of suspension from enjoyment of monthly pension in Vietnam

Cases of suspension from enjoyment of monthly pension in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of suspension from enjoyment of monthly pension in Vietnam

According to Clause 1, Article 64 of the Law on Social Insurance 2014, persons on pension or monthly social insurance allowance shall be suspended from enjoying such pension or allowance in one of the following cases:

- They illegally leave the country;

- They are declared missing by the court;

- There are grounds to confirm that their enjoyment of social insurance is illegal.

2. Average monthly salary on which social insurance premiums are based for calculation of pension in Vietnam

Average monthly salary on which social insurance premiums are based for calculation of pension according to Article 62 of the Law on Social Insurance 2014 is as follows:

- For employees subject to the State-prescribed salary benefits and having the entire period of social insurance premium payment under this salary benefits, the average monthly salary for the number of years of social insurance premium payment before retirement must be:

+ The average monthly salary on which social insurance premiums are based in the last 5 years prior to retirement, for employees paying social insurance premiums before January 1, 1995;

+ The average monthly salary on which social insurance premiums are based in the last 6 years prior to retirement, for employees paying social insurance premiums between January 1, 1995, and December 31, 2000;

+ The average monthly salary on which social insurance premiums are based in the last 8 years prior to retirement, for employees paying social insurance premiums between January 1, 2001, and December 31, 2006;

+ The average monthly salary on which social insurance premiums are based in the last 10 years prior to retirement, for employees paying social insurance premiums between January 1, 2007, and December 31, 2015;

+ The average monthly salary on which social insurance premiums are based in the last 15 years prior to retirement, for employees paying social insurance premiums between January 1, 2016, and December 31, 2019;

+ The average monthly salary on which social insurance premiums are based in the last 20 years prior to retirement, for employees paying social insurance premiums between January 1, 2020, and December 31, 2024;

+ The average monthly salary on which social insurance premiums are based in the entire period of social insurance premium payment, for employees paying social insurance premiums since January 1, 2025.

- For employees who have the entire period of social insurance premium payment under the employer-decided salary benefits, the average monthly salary on which social insurance premiums are based in the entire period of payment shall be used.

- For employees who have both a period of social insurance premium payment under the State-prescribed salary benefits and a period of social insurance premium payment under the employer-decided salary benefits,

The average monthly salary on which social insurance premiums are based in these periods shall be used, in which for the period of social insurance premium payment under the State-prescribed salary benefits, the average monthly salary on which social insurance premiums are based as specified in Clause 1 of Article 62 of the Law on Social Insurance 2014 shall be used.

3. Time for pension enjoyment in Vietnam

Time for pension enjoyment under Article 59 of the Law on Social Insurance 2014 is as follows:

- For employees who are paying compulsory social insurance premiums as defined at Points a, b, c, d, dd, e and i, Clause 1, Article 2 of the Law on Social Insurance 2014, the time for pension enjoyment is the time stated in work cessation decisions issued by employers when the employees have fully satisfied the law-prescribed conditions for pension enjoyment.

- For employees who are paying compulsory social insurance premiums as defined at Point h, Clause 1, Article 2 of the Law on Social Insurance 2014, the time for pension enjoyment is the month following the month when they have fully satisfied the conditions for pension enjoyment and submitted written requests to social insurance agencies.

- For employees defined at Point g, Clause 1, Article 2 of the Law on Social Insurance 2014 and persons who have their period of social insurance premium payment reserved, the time for pension enjoyment is the time stated in the written requests of the employees who have fully satisfied the prescribed conditions for pension enjoyment.

- The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the time for pension enjoyment for employees defined in Clause 1, Article 2 of the Law on Social Insurance 2014.

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