Youme Law Firm LLC said that according to the draft circular, the subjects and conditions for receiving pensions for employees are implemented according to the provisions of Articles 64 and 65 of the Law on Social Insurance (SI) 2024.
Determining the time spent working in a heavy, toxic, dangerous or especially heavy, toxic, dangerous job on the list issued by the Minister of Labor, War Invalids and Social Affairs (MOLISA). Or working in an area with particularly difficult socio-economic conditions, including working time in an area with a regional allowance coefficient of 0.7 or higher before January 1, 2021 or working in underground coal mining as a basis for considering pension eligibility.
For employees who are working in a profession, job or place with a regional allowance coefficient of 0.7 or higher (NLD) and have to take time off work for treatment or rehabilitation due to a work-related accident or occupational disease, this time is counted as time working in a profession, job or place with a regional allowance coefficient of 0.7 or higher.
For employees whose maternity leave is counted as compulsory social insurance payment period, this period is counted as working time, job or working in a place with regional allowance coefficient of 0.7 or higher.
For employees sent to work, study, or cooperate in labor without doing a job, job, or working in a place with a regional allowance coefficient of 0.7 or higher, this time is not counted as time doing a job, job, or working in a place with a regional allowance coefficient of 0.7 or higher.
For employees who continue to pay one-time contributions for the remaining months of up to 6 months to be eligible for pension, this period will not be counted as time spent working in a profession, job or working in a place with a regional allowance coefficient of 0.7 or higher.
In the draft circular, the Ministry of Labor, Invalids and Social Affairs also proposed regulations on employees who meet the retirement age requirements but have a maximum of 6 months of compulsory social insurance payment remaining to be eligible for a pension.
Accordingly, employees are allowed to continue paying one time for the remaining months with a monthly payment equal to the total payment of the employee and the employer before the employee quits the job to the retirement and death fund as prescribed in Clause 7, Article 33 of the Law on Social Insurance.
Subjects who meet the retirement age requirements according to Article 64 of the Law on Social Insurance must have a mandatory social insurance payment period of 14 years and 6 months to less than 15 years.
Subjects who meet the retirement age requirements under Article 65 of the Law on Social Insurance must have paid compulsory social insurance for at least 19 years and 6 months to less than 20 years and have a reduced working capacity of 61% or more.
The earliest time to make a one-time payment for the missing months is the month immediately preceding the month eligible for pension according to regulations.
