Proposal to detail the time and conditions for receiving pension
The Ministry of Home Affairs is seeking public opinions on the draft Circular detailing the time of pension entitlement, calculation, and determination of eligibility conditions for each case to resolve the pension regime as prescribed in Clause 4, Article 101 of the Law on Social Insurance.
The draft Circular proposes detailed regulations on the time of receiving salary for voluntary social insurance participants who are eligible for pension according to the provisions of Article 98 and Clause 9, Article 141 of the Law on Social Insurance in each specific case, closely following the provisions of the Law on Social Insurance.
Time to receive pension
Accordingly, the time to receive pension is determined as the first day of the month calculated from the first day of the month following the month in which the voluntary social insurance participant is eligible to receive pension.
The time to receive pension for voluntary social insurance participants is implemented according to the provisions of Article 101 of the Law on Social Insurance and is specified in detail as follows:
1- The time to receive pension for voluntary social insurance participants with social insurance payment period of 15 years or more is calculated from the first day of the month following the month of retirement age as prescribed in Clause 2, Article 169 of the Labor Code.
2- In case a social insurance participant continues to pay voluntary social insurance after meeting the conditions for receiving pension, the time to receive pension is the first day of the month following the month of stopping payment and requesting pension.
3- In case a voluntary social insurance participant makes a one-time payment for the missing years as prescribed in Point e, Clause 2, Article 36 of the Law on Social Insurance, the time to receive pension as prescribed in Article 98 of the Law on Social Insurance is the first day of the month following the month of full payment for the missing years.
4- The time to receive pension for voluntary social insurance participants before January 1, 2021 and having paid 20 years or more of voluntary social insurance is calculated from the first day of the month following the month of reaching 60 years of age for men and 55 years of age for women, except in cases where voluntary social insurance participants wish to receive pension according to the provisions of Article 98 of the Law on Social Insurance.
5- In case the time for receiving pension as prescribed in Clauses 1, 2, 3, 4 above is determined before July 1, 2025, the time for receiving pension is from July 1, 2025.
6- In case the date and month of birth cannot be determined (only the year of birth is known), the time to receive pension is calculated from the first day of the month following the month eligible for pension according to regulations. In which, the month of retirement age is determined based on taking January 1 of the year of birth as the basis for determining the employee's age.
Conditions for receiving pension
According to the draft, pension conditions for voluntary social insurance participants are implemented according to the provisions of Article 98 of the Law on Social Insurance.
In case a voluntary social insurance participant has paid every 3 months; every 6 months; every 12 months; or once for many years thereafter as prescribed in points b, c, d and point dd, Clause 2, Article 36 of the Law on Social Insurance, the time to consider the condition on the period of social insurance payment is:
PA1: The last month of the payment method that the voluntary social insurance participant has paid (even if the employee previously met the age and payment period requirements).
PA2: The month when the voluntary social insurance participant meets the age requirement and requests to receive pension (in which case 2 cases arise: (1) record the payment period up to the request time + refund the number of months paid later; or (2) record the payment period up to the end of the payment method).
