Consulting people on detailed regulations on pension payment time

According to the draft Circular, the subjects of application include: Employees specified in Clause 4, Article 2 of the Law on Social Insurance; other agencies, organizations and individuals related to voluntary social insurance.

Time to receive pension

The time to receive pension for voluntary social insurance participants is implemented according to the provisions of Article 101 of the Law on Social Insurance and is specified in detail as follows:

The time to receive pension for voluntary social insurance participants with a social insurance payment period of 15 years or more is calculated from the first day of the month following the month of reaching retirement age as prescribed in Clause 2, Article 169 of the Labor Code.

In case a social insurance participant continues to pay voluntary social insurance after meeting the conditions for receiving a pension, the pension payment date is the first day of the month following the month in which he/she stops paying and requests to receive a pension.

In case a voluntary social insurance participant makes a one-time payment for the missing years as prescribed in Point e, Clause 2, Article 36 of the Law on Social Insurance, the time to receive pension is the first day of the month following the month in which the full amount for the missing years is paid.

The time to receive pension for voluntary social insurance participants before January 1, 2021 and having paid 20 years or more of voluntary social insurance is calculated from the first day of the month following the month of reaching 60 years of age for men and 55 years of age for women, except in cases where voluntary social insurance participants wish to receive pension according to the provisions of Article 98 of the Law on Social Insurance.

In case the pension entitlement date as prescribed is determined before July 1, 2025, the pension entitlement date is from July 1, 2025.

In case the date and month of birth cannot be determined (only the year of birth is known), the time to receive pension is calculated from the first day of the month following the month eligible for pension according to regulations. In which, the month of retirement age is determined based on taking January 1 of the year of birth as the basis for determining the employee's age.

Pension eligibility

Conditions for receiving pension for voluntary social insurance participants are implemented according to the provisions of Article 98 of the Law on Social Insurance.

In case a voluntary social insurance participant has paid in installments every 3 months; every 6 months; every 12 months; or once for many years as prescribed in Article 36 of the Law on Social Insurance, the time for considering the condition on the period of social insurance payment is:

Option 1: The last month of the payment method that the voluntary social insurance participant has paid (even if the employee previously met the age and payment period requirements).

Option 2: The month the voluntary social insurance participant meets the age requirement and requests a pension.

This Circular is expected to be applied from July 1, 2025. Circular No. 01/2016/TT-BLDTBXH dated February 18, 2016 of the Minister of Labor, War Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Social Insurance on voluntary social insurance will cease to be effective from the effective date of this Circular.

Time for public consultation from March 28 to May 28, 2025.

Source: https://hanoimoi.vn/lay-y-kien-nhan-dan-quy-dinh-chi-tiet-thoi-diem-huong-luong-huu-697532.html