Answer:
- Conditions for receiving pension retirement of an Employee
Pursuant to the Law on SI, in order to enjoy pension, an Employee should meet the conditions on retirement age and SI payment period as follows[1]:
Age pension:
- Retirement age of an Employee in normal working conditions is 60 years old and 03 months for a male Employee and 55 years old and 04 months for a female Employee; later shall increase by 03 months for the male Employee and 04 months for the female Employee after every year[2]; and
- The retirement age of an Employee in a normal working condition will be adjusted gradually to 62 years old for a male Employee by 2028 and 60 years old for a female Employee by 2035[3].
For SI payment duration: Any Employee on retirement must pay SI for 20 years or more.
2. May an Employee, with enough age for retirement but without enough years of SI payment, pay once for the entire missing years?
When an Employee is eligible for retirement age, but the period of SI payment is less than 20 years, he or she may pay the SI until a sufficient number of 20 years to enjoy prescribed pension[4]. At that time, the Employee may choose to pay the SI in any of the following methods:Đóng hằng tháng; hoặc
- Pay on a monthly basis; or
- Pay every 03 months, or
- Pay every 06 months, or
- Pay every 12 months, or
- Pay in slum sum for a period but not exceeding 05 years per time.
However, for any Employee participating in the SI who is eligible for his or her retirement age while his or her missing SI payment time is less than 10 years (120 months), he or she also has the right to pay once for a period of 20 years of SI payment for pension retirement apart from choosing one of the said payment methods[5]. Thus, the said Employee can pay voluntary SI once for enjoying pension and the specific payment rate is selected by him or her in line with his or her income. The time of beginning the pension retirement will be calculated from the 1st day of the adjoining month after the month of full payment for the missing years[6].
[1] Article 73.1 of Law on SI, amended and supplemented by Article 219.1(c) of Labour Code
[2]Article 169.2 of the Labour Code
[3] Article 169.2 of the Labour Code
[4] Article 73.2 of Law on SI
[5] Article 8.2 of Circular 01/2016/TT-BLĐTBXH of the MOLISA dated 18 January 2016
[6] Article 5.2 of Circular 01/2016/TT-BLĐTBXH of the MOLISA dated 18 January 2016
