The Ministry of Finance issued Decision No. 2270/QD-BTC, announcing 25 administrative procedures in the field of social insurance (BHXH).
In which, "Resolving regimes for employees who do not meet the conditions to receive pensions and are not old enough to receive social pension benefits" is one of the 5 administrative procedures newly issued.
According to the Ministry of Finance, this procedure is announced based on the new regulations of the 2024 Social Insurance Law.
People proposed for monthly allowances
According to Article 23 of the 2024 Law on Social Insurance, Vietnamese citizens who reach retirement age, have social insurance contributions but are not eligible for pensions and are not eligible for social pension benefits, if they do not receive one-time social insurance benefits and do not reserve them but request them, they are entitled to monthly allowances from their own social insurance contributions.
Article 22 of Decree No. 158/2025/ND-CP specifically stipulates that the subjects of application are employees under Clause 1, Article 2 of the Law on Social Insurance, who simultaneously meet the following conditions:
Eligible for retirement;
Having paid social insurance for a period but not meeting the conditions to receive a pension;
Not yet eligible for social pension benefits;
No one-time social insurance benefits;
Not preserving the social insurance contribution period;
There is a request for monthly allowance.
Thus, the subjects of procedures are not only determined based on the number of years of social insurance contributions. Employees must also meet the conditions on retirement age, retirement benefit conditions, social pension benefits conditions and have a request to enjoy benefits.
According to Article 23 of the 2024 Law on Social Insurance, the benefit period and monthly allowance level are determined based on the contribution period and social insurance contribution basis of employees. The lowest monthly allowance level is equal to the monthly social pension allowance level.
In case the total amount calculated according to the contribution period and social insurance contribution basis is higher than the amount calculated according to the lowest monthly allowance level in the period from when the employee reaches retirement age to reaching the age to receive social pension benefits, the employee is entitled to a higher monthly allowance.
If the amount corresponding to the social insurance contribution period is not enough for employees to receive monthly allowances until they reach the age to receive social pension allowances, employees are allowed to pay in one lump sum for the remaining amount to enjoy this regime.
The determination of the time to enjoy monthly allowances and the amount of one-time payment for the remaining part is implemented according to the detailed regulations in Article 23 of Decree No. 158/2025/ND-CP.
During the period of receiving monthly allowances, employees are paid health insurance by the State budget. The monthly allowance level is adjusted when the Government adjusts pensions and monthly social insurance allowances.
In case the person currently receiving monthly allowance dies, relatives are entitled to a one-time allowance for the months the employee has not received. The funeral organizer is also entitled to a funeral allowance if the employee meets the conditions according to the provisions of the Law on Social Insurance.
The dossier includes a request document according to Form No. 14-HSB
According to the procedure announced in Decision No. 2270/QD-BTC, employees make a written request for settlement of benefits according to Form No. 14-HSB.
Information belonging to the social insurance book is replaced by data managed and provided by Vietnam Social Security, integrated at the National Data Center or data shared by ministries, branches, and provincial and city People's Committees. Employees do not have to submit information and documents already in the connected and shared database as prescribed.
Employees can submit applications in one of the following forms: Electronic transaction, directly at the social insurance agency or through postal services.
The agency performing the procedure is provincial social insurance or grassroots social insurance according to decentralization.
After receiving sufficient dossiers as prescribed, the social insurance agency will consider and resolve the regime and return the results to the employee in the registered form.
The settlement results include decisions on receiving monthly allowances according to Form No. 07E-HSB, a copy of the social insurance payment process according to Form No. 04-HSB and monthly allowances. Beneficiaries are issued health insurance cards according to regulations.
For cases where one-time payment is required for the remaining part, employees receive a notice of the amount to be paid according to Form No. 35-HSB.
The deadline for resolving monthly allowance benefits is no more than 5 working days from the date the social insurance agency receives complete dossiers as prescribed.
In case employees pay in one installment for the remaining part, the settlement period is no more than 5 working days from the date the employee completes the full payment of the amount. The person carrying out the procedure does not have to pay fees or charges.
