Sending a question to Vietnam Social Insurance (VSS), reader T.L.P said: "I was born on February 8, 1972, have paid social insurance for 21 years and 9 months. May I ask, can I apply for early retirement now? What are the conditions for receiving pensions and benefits? If so, what documents are needed and which agency should they be sent to? ".
Regarding this issue, Vietnam Social Security responds as follows:
Regulations on retirement age
According to the provisions of Article 169, Clause 1, Article 219 of the 2019 Labor Code and Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age:
From January 1, 2021, the retirement age of employees in normal working conditions will be 60 years and 3 months for male employees and 55 years and 4 months for female employees; then increase by 03 months each year for male employees until reaching the age of 62 in 2028 and increase by 04 months each year for female employees until reaching the age of 60 in 2035.
Employees can retire lower but not more than 05 years compared to the normal retirement age under working conditions if they have paid social insurance for 20 years or more and are in one of the following cases:
- Employees who have worked for 15 years or more in a job or job that is arduous and toxic and dangerous (NNDHNH) or especially NNDHNH on the list issued by the Ministry of Labor, War Invalids and Social Affairs;
- Employees who have worked for 15 years or more in areas with particularly difficult socio-economic conditions (including working time in areas with regional allowance coefficient of 0.7 or higher before January 1, 2021);
- Employees with a total working time in the profession or work of the Vietnam Bank for Social Policies or especially the Vietnam Bank for Social Policies and working time in areas with particularly difficult socio-economic conditions (including working time in areas with regional allowance coefficient of 0.7 or higher before January 1, 2021) of 15 years or more.
- Employees with reduced working capacity from 61% or more to less than 81%.
Employees can retire up to 10 years younger than the retirement age of employees working under normal working conditions if they have paid social insurance for 20 years or more and have one of the following conditions:
- Having worked in underground coal mining for 15 years;
- Having a reduced working capacity of 81% or more.
Employees are not subject to age restrictions when they have paid social insurance for 20 years and are in one of the following cases:
- Being infected with HIV/AIDS due to occupational accidents;
- Having a working capacity reduction of 61% or more and having worked for 15 years or a special job at a construction site on a list issued by the Ministry of Labor, War Invalids and Social Affairs (now the Ministry of Home Affairs).
Pension documents
Clause 1, Article 108 of the Law on Social Insurance 2014 stipulates that pension application for employees participating in compulsory social insurance includes:
- Social Insurance book;
- Decision to quit work to enjoy pension benefits or document terminating the labor contract to enjoy pension benefits;
- Minutes of appraisal of the level of reduced working capacity of the Medical Appraisal Council for retirees as prescribed in Article 55 of this Law or certificates of HIV/AIDS infection due to occupational accidents in cases where employees are prescribed in Article 54 of this Law.
In case Mr. P has paid social insurance for more than 20 years, he will have met the conditions for the social insurance payment period to be settled to enjoy the pension regime. However, he did not provide information about the job title, work location and the level of reduced working capacity, so Vietnam Social Insurance has no basis to give specific answers.
Vietnam Social Insurance provides information on retirement conditions for him to compare and determine. Mr. P can go directly to the social insurance agency where he resides and provide full information for specific advice and answers.
