Reflecting on the Government Portal, Mr. T.T. A in Ho Chi Minh City said that he was born in 1977, has paid social insurance for 28 years, salary coefficient 4.32.
Due to suffering from cancer, he wants to know the conditions and dossiers for early retirement. In case you want to withdraw one-time social insurance, what documents are needed and how much money will you receive?
Regarding this content, Ho Chi Minh City Social Insurance said about the conditions for enjoying pensions as follows:
According to point a, clause 1, Article 64 of the Law on Social Insurance No. 41/2024/QH15, people who are subject to the prescribed subjects when quitting their jobs and have compulsory social insurance contributions for 15 years or more are entitled to a pension if they reach retirement age as prescribed in Clause 2, Article 169 of the Labor Code.
In case of enjoying a pension due to reduced working capacity, points a and b, clause 1, Article 65 of the Law on Social Insurance No. 41/2024/QH15 stipulate that employees who quit their jobs and have compulsory social insurance contributions for 20 years or more will be entitled to a pension at a lower level than those who are eligible for a regular pension if they fall into one of the following cases:
Having an age a maximum of 5 years lower than the regulated retirement age and having a working capacity reduction of 61% to less than 81%.
Having an age a maximum of 10 years lower than the regulated retirement age and having a working capacity reduction of 81% or more.
According to Ho Chi Minh City Social Insurance, employees need to base on Clause 2, Article 169 of the Labor Code, Clause 1, Article 64 or Clause 1, Article 65 of the Social Insurance Law and Appendix I of Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government to determine the retirement age according to the date, month, year of birth and compare the conditions for enjoying pensions.
Dossier for pension application includes:
SOCIAL INSURANCE BOOK;
Original or copy of the document determining the termination of the labor contract or the document terminating employment;
Minutes of the assessment of the level of working capacity reduction by the Medical Assessment Council (for cases eligible to receive pensions under the category of working capacity reduction);
Regarding the regulation on enjoying one-time social insurance benefits, the social insurance agency said that according to point c, clause 1, Article 70 of the Law on Social Insurance No. 41/2024/QH15, people suffering from one of the diseases including cancer, polio, irreparable cirrhosis, severe tuberculosis, AIDS are entitled to one-time social insurance benefits.
Accordingly, in case employees have cancer, after terminating social insurance participation and having a request, they will be entitled to one-time social insurance benefits.
Application dossier for one-time social insurance benefits includes:
The original social insurance book has been finalized;
Document requesting one-time social insurance benefits (form No. 14-HSB);
Citizen identification card or original passport for comparison;
A summary of medical records or originals or copies of discharge papers;
Power of attorney in case of authorizing others to carry out procedures.
Regarding the benefit level, based on points a and b, clause 3, Article 70 of the Law on Social Insurance No. 41/2024/QH15, one-time social insurance is calculated according to the number of years of contribution and the basis for social insurance contributions, excluding the amount of state budget support for voluntary social insurance contributions.
Each year of social insurance contribution is calculated as follows:
Equal to 1.5 months of the average monthly salary for social insurance contributions for the period of contribution before 2014. In case there is a period of contribution before and after 2014, and the period before 2014 has odd months, the number of odd months is transferred to the period from 2014 onwards to calculate the benefit level.
Equal to 2 months of the average monthly salary for social insurance contributions for the period of contribution from 2014 onwards.
Ho Chi Minh City Social Insurance said that the specific amount of money employees will receive will be recorded in the Decision on receiving one-time social insurance benefits issued by the Social Insurance agency.
