The Ministry of Home Affairs has just completed a draft Circular detailing the time of pension payment, calculation, and determination of benefits for each case to resolve pension regimes according to the provisions of Clause 4, Article 101 of the Law on Social Insurance (SI).
In which, the time of receiving pension for each specific case is regulated as follows:
1. The pension period for voluntary social insurance participants with a 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 the social insurance participant continues to pay voluntary social insurance after being eligible for pension, the pension payment time is the first day of the month following the month of stopping payment and having a pension request.
3. In case the social insurance participant voluntarily pays one time for the remaining years according to the provisions of Point e, Clause 2, Article 36 of the Social Insurance Law, the pension receipt time according to the provisions of Article 98 of the Social Insurance Law shall be the first day of the month following the month of full payment for the remaining years.
4. The pension for voluntary social insurance participants before January 1, 2021 and 20 years or more of voluntary social insurance contributions are calculated from the first day of the month following the month of 60 years old for men and 55 years old for women, except for cases where voluntary social insurance participants wish to receive pensions according to the provisions of Article 98 of the Social Insurance Law.
5. In case the pension payment period as prescribed in Clauses 1, 2, 3 and 4 of this Article is determined before July 1, 2025, the pension payment period is from July 1, 2025.
6. In case the date and month of birth cannot be determined (only a year of birth), the 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 on the basis of taking the 1st of the year of birth as the basis for determining the age of the employee.
In this case, the Ministry of Home Affairs cited that Ms. N.T.G was born in 1969 ( date and month of birth unknown), participated in voluntary social insurance and had a social insurance payment period of 16 years. In case Ms. N.T.G when determining the pension eligibility, take January 1, 1969 as the basis for determining age. Thus, the pension of Ms. N.T.G is calculated from October 1, 2025.
According to the draft of the Ministry of Home Affairs, the provisions in this Circular are expected to be applied from July 1, 2025.
After promulgation, the People's Committees of provinces and centrally run cities are responsible for directing the Department of Home Affairs and relevant agencies to inspect and urge the implementation of this Circular.
Vietnam Social Insurance and the Ministry of Finance are responsible for implementing this Circular.
During the implementation process, if there are any problems, please report to the Ministry of Home Affairs for timely research and resolution.
