Regarding this issue, Vietnam Social Security responds as follows:
Some general information on retirement regime under the Social Insurance Law 2024, effective from July 1, 2025, is as follows:
Subjects and conditions for pension
Article 64, Clause 1 of the 2024 Law on Social Insurance stipulates that employees who have paid compulsory social insurance for 15 years or more when retiring are entitled to pension if they fall into one of the following cases:
"a) Reach retirement age as prescribed in Clause 2, Article 169 of the Labor Code;
b) Reaching retirement age as prescribed in Clause 3, Article 169 of the Labor Code and having a total period of compulsory social insurance payment of 15 years or more when working in a arduous, toxic, dangerous or especially arduous, toxic, dangerous occupation or job on the list of arduous, toxic, dangerous or especially arduous, toxic, dangerous occupations or jobs issued by the Minister of Labor - Invalids and Social Affairs or working in areas with particularly difficult socio-economic conditions, including working time in areas with regional allowance coefficient of 0.7 or higher before January 1, 2021;
c) Be at least 10 years younger than the age specified in Clause 2, Article 169 of the Labor Code and have at least 15 years of experience working in underground coal mining as prescribed by the Government ;
d) People infected with HIV/AIDS due to occupational accidents while performing assigned tasks".
Enjoy pension when working capacity is reduced
Clause 1, Article 65 of the Law on Social Insurance 2024 stipulates that employees who have paid compulsory social insurance for 20 years or more upon retirement are entitled to a pension at a lower level than those eligible for pension as prescribed in Points a, b and c, Clause 1, Article 64 of this Law if they fall into one of the following cases:
"a) Being at least 05 years younger than the age specified in Point a, Clause 1, Article 64 of this Law and having a reduced working capacity of 61% to less than 81%;
b) Being at least 10 years younger than the age specified in Point a, Clause 1, Article 64 of this Law and having a reduced working capacity of 81% or more;
c) Having worked for 15 years or more in a particularly arduous, toxic, or dangerous occupation or job on the list of particularly arduous, toxic, or dangerous occupations or jobs issued by the Minister of Labor, War Invalids, and Social Affairs and having a working capacity reduction of 61% or more".
Monthly pension
Clause 1, 3, Article 66 of the Social Insurance Law 2024 stipulates:
"1. The monthly pension level of eligible subjects specified in Article 64 of this Law is calculated as follows:
"a) For female employees, it is 45% of the average salary used as the basis for social insurance contributions as prescribed in Article 72 of this Law, corresponding to 15 years of social insurance contributions, then for each additional year of contributions, an additional 2% is calculated, with a maximum of 75%;
b) For male employees, it is 45% of the average salary used as the basis for social insurance contributions as prescribed in Article 72 of this Law, corresponding to 20 years of social insurance contributions, then for each additional year of contributions, an additional 2% is calculated, with a maximum of 75%.
In case male employees have paid social insurance for 15 years but less than 20 years, the monthly pension is equal to 40% of the average salary used as the basis for social insurance payment as prescribed in Article 72 of this Law corresponding to 15 years of social insurance payment, then for each additional year of payment, 1% is added.
... 3. The monthly pension of eligible subjects specified in Article 65 of this Law is calculated as prescribed in Clause 1 of this Article, then for each year of retirement before the prescribed age, it is reduced by 2%".
Average salary used as basis for social insurance payment to calculate pension and one-time allowance
Article 72 of the 2024 Law on Social Insurance stipulates the average salary level used as the basis for social insurance contributions to calculate pensions and one-time benefits as follows:
"1. Employees subject to the salary regime prescribed by the State who have paid social insurance for the entire period of time under this salary regime shall have their average salary used as the basis for social insurance payment for the number of years of social insurance payment before retirement calculated as follows:
a) If you start participating in social insurance before January 1, 1995, the average salary used as the basis for social insurance contributions for the last 5 years before retirement will be calculated;
b) Starting to participate in social insurance between January 1, 1995 and December 31, 2000, the average salary used as the basis for social insurance contributions for the last 6 years before retirement is calculated;
c) Starting to participate in social insurance between January 1, 2001 and December 31, 2006, the average salary used as the basis for social insurance contributions for the last 8 years before retirement is calculated;
d) Starting to participate in social insurance between January 1, 2007 and December 31, 2015, the average salary used as the basis for social insurance contributions for the last 10 years before retirement will be calculated;
d) Starting to participate in social insurance from January 1, 2016 to December 31, 2019, the average salary used as the basis for social insurance contributions for the last 15 years before retirement will be calculated;
e) Starting to participate in social insurance from January 1, 2020 to December 31, 2024, the average salary used as the basis for social insurance contributions for the last 20 years before retirement will be calculated;
g) Starting to participate in social insurance from January 1, 2025 onwards, the average salary used as the basis for social insurance payment for the entire period of social insurance payment will be calculated.
2. For employees who have paid social insurance for the entire period according to the salary regime decided by the employer, the average salary used as the basis for paying social insurance for the entire period will be calculated.
3. Employees who have both a period of social insurance payment subject to the salary regime prescribed by the State and a period of social insurance payment subject to the salary regime decided by the employer shall have their average salary used as the basis for general social insurance payment for all periods calculated, in which the period of payment subject to the salary regime prescribed by the State shall be calculated as the average salary used as the basis for social insurance payment according to the provisions of Clause 1 of this Article.
4. The Government shall detail this Article and prescribe the average salary level as the basis for social insurance contributions for employees implementing the salary regime prescribed by the State in some special cases".
Specific instructions on pension regimes are stipulated in Government documents. We suggest that you follow the information communicated on mass media to grasp the detailed regulations when the Government issues documents guiding implementation.
Government.vn
Source: https://baochinhphu.vn/che-do-huu-tri-theo-luat-bhxh-moi-102250703160440652.htm
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