The Legal Consulting Office of Lao Dong Newspaper said: In case a worker is receiving a pension but exits, the 2024 Social Insurance Law does not have any provisions regulating the suspension of pension benefits in cases where a worker exits legally.
However, in case workers exit illegally, Article 75 of the 2024 Law on Social Insurance stipulates the temporary suspension, termination, and continued enjoyment of monthly pensions and social insurance allowances:
1. Temporarily suspend the enjoyment of monthly pensions and social insurance allowances for people who are receiving them when falling into one of the following cases:
a) Illegal exit;
b) Being declared missing by the Court;
c) When the beneficiary information cannot be verified as prescribed in Point c, Clause 2, Article 11 of this Law.
Accordingly, if a worker exits illegally while the worker is previously receiving a pension, the pension will be temporarily suspended.
Thus, workers who are receiving pensions but are leaving the country will still continue to receive monthly pensions if leaving the country is legal.
Conversely, if exit is illegal, employees will be temporarily suspended from receiving monthly pensions.
