Mr. P.D.H in Bac Ninh shared that he was born in 1965 and worked as a secondary school teacher in Bac Ninh. Because in the past, birth registration was very perfunctory, so his papers did not record the date but only recorded the information of the year of birth 1965. So according to regulations, how will Mr. H's pension period be calculated?
Discussing this issue, Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that Decree 158/2025/ND-CP details the implementation of the 2024 Law on Social Insurance on compulsory social insurance regimes.
Article 12 of this Decree stipulates the conditions for enjoying pensions as follows:
When determining the conditions for enjoying pensions for cases where the employee's dossier cannot determine the date and month of birth but only the year of birth, the 1st day of January of the year of birth is used as the basis for determining the employee's age.
In case the date of birth cannot be determined but only the month and year of birth, the 1st day of the month and year of birth is used as the basis for determining the age of the employee.
Lawyer Nguyen Thu Trang also added that Article 169 of the 2019 Labor Code, employees who ensure the conditions on social insurance contribution time according to the provisions of the law on social insurance are entitled to pension when they reach retirement age.
Accordingly, the retirement age of workers in normal working conditions is adjusted according to a roadmap until reaching 62 years old for male workers in 2028 and 60 years old for female workers in 2035.
According to Clause 2, Article 4 of Decree 135/2020/ND-CP of the Government, the retirement age of workers in normal working conditions from 2026 will be determined as follows: Male workers will be 61 years and 6 months, female workers will be 57 years old.
Based on the above regulations, in case the date and month of birth cannot be determined, the time for calculating retirement conditions for Mr. H is from January 1, 1965.
In comparison with current regulations, in normal working conditions, Mr. H will be entitled to a pension when he reaches 61 years and 6 months old. Meaning that he may be entitled to a pension from June 2026.
