Sending a question to Vietnam Social Insurance, reader D.M said: "My mother was born in 1975 and has paid social insurance for 23 years, of which 12 years were direct gasoline sales at a private gasoline company. My mother wants to retire early due to health reasons. I would like to ask, what are the procedures for implementation? ".
Regarding this issue, Vietnam Social Security responds as follows:
According to Clause 1, Article 65 of the Law on Social Insurance 2024, employees with reduced working capacity upon retirement with a compulsory social insurance payment period of 20 years or more will receive a pension at a lower level than the retirement age under normal working conditions if they fall into one of the following cases:
"a) Have a maximum age of 05 years lower than the age specified in Point a, Clause 1, Article 64 of this Law and have a reduced working capacity of 61% to less than 81%;
b) Having a maximum age of 10 years lower than the age specified in Point a, Clause 1, Article 64 of this Law and having a reduced working capacity of 81% or more;
c) Having worked for 15 years or more in a particularly arduous, toxic, or dangerous profession or job on the list of particularly arduous, toxic, or dangerous jobs issued by the Minister of Labor, War Invalids and Social Affairs and having a working capacity reduction of 61% or more".
Pension application documents
Clauses 1 and 3, Article 77 of the Law on Social Insurance 2024 stipulates that the application for pension due to reduced working capacity for those participating in compulsory social insurance includes:
- Social Insurance book;
- Original or copy of the document determining the termination of the labor contract or the document terminating employment;
- Minutes of assessment of the level of reduced working capacity of the Medical Assessment Council or a copy of the certificate of severe or extremely severe disability can show the conclusion of the Medical Assessment Council clearly stating the percentage of reduced working capacity.
Sequence of pension settlement
Clause 5, Article 13 of the Law on Social Insurance 2024 stipulates that employers are responsible for: Consider introducing employees who are subjects as prescribed in Article 65 of this Law for medical examination and assessment to determine the level of reduced working capacity at the Medical Assessment Council.
Clause 1, 3, Article 79 of the Law on Social Insurance 2024 stipulates the procedure for settling pension benefits for people participating in compulsory social insurance as follows:
- Within 20 days before the employee is eligible for pension, the employer shall submit the dossier prescribed in Article 77 of this Law to the Social Insurance agency.
- Within 20 days, excluding holidays and Tet, from the date of receiving a complete dossier as prescribed for the pension claimant, the Social Insurance agency is responsible for handling the claim; in case of failure to resolve the claim, it must be responded in writing and the reason must be stated.
Because the content of the reader's question did not provide full information about birth dates, social insurance codes, etc., Vietnam Social Insurance had no basis to answer specifically.
Vietnam Social Insurance provides legal regulations on pension conditions due to reduced working capacity, pension procedures and order for him to grasp and compare, determine the social insurance benefits for his mother or he should contact the nearest social insurance agency directly and provide full information for specific advice and answers.
