Reader Le Manh Tuan in Phu Tho asked: I am nearly 60 years old this year but have only paid social insurance for more than 10 years. Therefore, if I retire, I will not receive a pension. I do not want to withdraw social insurance once, is there any way to enjoy the monthly allowance?
Answering this content, Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that Article 21 of the Law on Social Insurance stipulates the subjects and conditions for enjoying social pension benefits as follows: Vietnamese citizens are entitled to social pension benefits when they meet the following conditions: From 75 years old or older; Not receiving pension or monthly social insurance allowance; Having a written request for social pension benefits.
Vietnamese citizens from 70 years old to under 75 years old who are from poor households, near-poor households and meet the above conditions are entitled to social pension benefits.
However, if they are not old enough to enjoy the retirement regime, employees with social insurance contributions should pay attention to the regulation of another monthly regime.
Accordingly, Article 23 of the Law on Social Insurance stipulates the regime for employees who do not meet the conditions to receive pensions and are not old enough to receive social pension benefits as follows:
Vietnamese citizens who reach retirement age and have paid social insurance but do not meet the conditions to receive pensions according to the provisions of law and do not meet the conditions to receive social pension benefits according to regulations, if they do not receive one-time social insurance benefits and do not retain them but request them, they are entitled to monthly allowances from their own contributions.
The benefit period and monthly allowance level are determined based on the contribution period and social insurance contribution basis of the employee.
The lowest monthly allowance level is equal to the regulated monthly social pension allowance level.
In case the total amount calculated according to the contribution period, the basis for social insurance contributions of the employee is higher than the amount calculated for the monthly allowance level equal to the social pension level at the time of settlement for the period from reaching retirement age to reaching the age to receive social pension benefits, the employee is calculated to receive the monthly allowance at a higher level.
In case the total amount calculated according to the contribution period, the basis for social insurance contribution is not enough for employees to receive monthly allowances until they reach the age to receive social pension allowances, if employees wish, they are allowed to pay one-time for the remaining part to enjoy until they reach the age to receive social pension allowances.
The monthly allowance level is applied for adjustment according to regulations.
In case the person currently receiving monthly allowance dies, the relatives are entitled to a one-time allowance for the months they have not received and are entitled to a one-time funeral allowance if they meet the conditions specified in this Law.
People who are currently receiving monthly allowances are covered by the state budget for health insurance.
Thus, in cases where employees have reached retirement age and have paid social insurance but are not eligible for pension, employees can choose to withdraw social insurance once and continue to contribute.
If desired, employees can choose to request monthly allowances from their own contributions according to the provisions of Article 22 of the Law on Social Insurance.
