Article 54 of the Labor Code stipulates the conditions for enjoying pensions as follows:
1. Employees specified in points a, b, c, d, g, h and i, clause 1, Article 2 of this Law, except for cases specified in clause 3 of this Article, when quitting their jobs with 20 years or more of social insurance contributions, are entitled to a pension if they fall into one of the following cases:
a) Reaching the age specified in Clause 2, Article 169 of the Labor Code.
b) Being old enough according to the provisions of Clause 3, Article 169 of the Labor Code and having enough 15 years of working in heavy, hazardous, dangerous or especially heavy, hazardous, dangerous professions and jobs listed by the Ministry of Labor, Invalids and Social Affairs or having enough 15 years of working in areas with particularly difficult socio-economic conditions, including working time in places with regional allowances with a coefficient of 0.7 or higher before January 1, 2021.
c) Employees who are a maximum of 10 years younger than the retirement age of employees specified in Clause 2, Article 169 of the Labor Code and have enough 15 years of working in underground coal mining.
d) People infected with HIV due to occupational accidents while performing assigned tasks.
2. Employees specified in points d and e, clause 1, Article 2 of this Law who have retired with 20 years or more of social insurance contribution are entitled to a pension when falling into one of the following cases:
a) Having an age a maximum of 5 years younger than the retirement age specified in Clause 2, Article 169 of the Labor Code, except in cases where the Law on Officers of the Vietnam People's Army, the Law on People's Police, the Law on Cipher, the Law on Professional Military Personnel, national defense workers and public employees have other regulations.
b) Having an age a maximum of 05 years younger than the retirement age specified in Clause 3, Article 169 of the Labor Code and having enough 15 years of working in heavy, hazardous, dangerous or especially heavy, hazardous, dangerous occupations and jobs listed by the Ministry of Labor, Invalids and Social Affairs or having enough 15 years of working in areas with particularly difficult socio-economic conditions, including working time in places with regional allowances with a coefficient of 0.7 or higher before January 1, 2021.
c) People infected with HIV due to occupational accidents while performing assigned tasks.
Along with the Labor Code, Article 64 of the Law on Social Insurance stipulates the subjects and conditions for enjoying pensions as follows:
1. Subjects specified in points a, b, c, g, h, i, k, l, m and n, Clause 1 and Clause 2, Article 2 of this Law, when resigning with a compulsory social insurance contribution period of 15 years or more, are entitled to pension if they fall into one of the following cases:
a) Meeting the retirement age as prescribed in Clause 2, Article 169 of the Labor Code.
b) Meeting the retirement age as prescribed in Clause 3, Article 169 of the Labor Code and having a total compulsory social insurance contribution period of 15 years or more when performing heavy, hazardous, dangerous or especially heavy, hazardous, dangerous occupations and jobs under the list of heavy, hazardous, dangerous or especially heavy, hazardous, dangerous occupations and jobs promulgated by the Minister of Labor, Invalids and Social Affairs or working in areas with particularly difficult socio-economic conditions, including working time in places with regional allowances with a coefficient of 0.7 or higher before January 1, 2021.
c) Being a minimum of 10 years younger than the age specified in Clause 2, Article 169 of the Labor Code and having 15 years or more of working in underground coal mining as prescribed by the Government.
d) People infected with HIV/AIDS due to occupational accidents while performing assigned tasks.
2. Subjects specified in points d, d and e, clause 1, Article 2 of this Law, when resigning with a compulsory social insurance contribution period of 15 years or more, are entitled to a pension if they fall into one of the following cases:
a) Being a minimum of 05 years younger than the age specified in Clause 2, Article 169 of the Labor Code, except in cases where the Law on Officers of the Vietnam People's Army, the Law on People's Police, the Law on Cipher, the Law on Professional Military Personnel, national defense workers and civil servants have other regulations.
b) Being a minimum age of 10 years younger than the age specified in Clause 2, Article 169 of the Labor Code and having a total compulsory social insurance contribution period of 15 years or more when performing heavy, hazardous, dangerous or especially heavy, hazardous, dangerous occupations and jobs under the list of heavy, hazardous, dangerous or especially heavy, hazardous, dangerous occupations and jobs promulgated by the Minister of Labor, Invalids and Social Affairs or working in areas with particularly difficult socio-economic conditions, including working time in places with regional allowances with a coefficient of 0.7 or higher before January 1, 2021.
c) People infected with HIV/AIDS due to occupational accidents while performing assigned tasks.
Thus, employees who have paid social insurance for a sufficient period as prescribed and are infected with HIV due to occupational accidents while performing their duties will receive early pensions.
