Mr. Sang asked, can he pay voluntary social insurance for another 2 years, pay all at once for 35 years of social insurance payment to receive 75% of his pension? If so, can he pay the maximum amount? If he pays all at once for 2 years in September 2026, will he receive his pension according to the 35-year social insurance payment level in October 2026?
Regarding this issue, Vietnam Social Security responds as follows:
According to the provisions of Article 54 of the 2014 Law on Social Insurance, amended at Point a, Clause 1, Article 219 of the 2019 Labor Code, employees who have paid social insurance for 20 years or more when retiring are entitled to pension if they fall into one of the following cases:
- Of legal age as prescribed in Clause 2, Article 169 of the Labor Code;
- Be of age as prescribed in Clause 3, Article 169 of the Labor Code and have at least 15 years of experience in a arduous, toxic, dangerous or especially arduous, toxic, dangerous job or occupation on the list issued by the Ministry of Labor - Invalids and Social Affairs or have at least 15 years of experience in an area with particularly difficult socio-economic conditions, including time spent working in an area with a regional allowance coefficient of 0.7 or higher before January 1, 2021;
- Employees whose age is at most 10 years lower than the retirement age of employees specified in Clause 2, Article 169 of the Labor Code and have 15 years of experience working in underground coal mining;
- People infected with HIV due to occupational accidents while performing assigned tasks.
- Female workers who are commune-level officials, civil servants or part-time workers in communes, wards and towns who participate in social insurance and have paid social insurance for 15 to under 20 years and are at the retirement age prescribed in Clause 2, Article 169 of the Labor Code are entitled to receive a pension.
Conditions for receiving maximum pension
According to Article 56 of the 2014 Law on Social Insurance, the monthly pension of female workers retiring from 2018 is calculated at 45% of the average monthly salary for social insurance contributions corresponding to 15 years of social insurance contributions. Male workers retiring from 2022 onwards are calculated at 45% of the average monthly salary for social insurance contributions corresponding to 20 years of social insurance contributions. After that, for each additional year of social insurance contributions, an additional 2% is calculated; the maximum level is 75%.
Thus, to achieve a monthly pension of 75%, female workers who are old enough to receive pension need to have paid social insurance for 30 years and male workers need to have paid social insurance for 35 years.
Subjects eligible to participate in voluntary social insurance
Article 2, Clause 4 of the 2014 Law on Social Insurance stipulates that voluntary social insurance participants are Vietnamese citizens aged 15 years or older and are not subject to compulsory social insurance.
According to the provisions of Clause 2, Article 87 of the Law on Social Insurance 2014, Article 9 of Decree No. 134/2015/ND-CP dated December 29, 2015 of the Government detailing a number of articles of the Law on Social Insurance on voluntary social insurance, voluntary social insurance participants can choose one of the following payment methods to contribute to the pension and death benefit fund:
- Monthly payment;
- Pay every 3 months;
- Pay every 6 months;
- Pay every 12 months;
- Pay once for many years to come but not more than 5 years at a time;
- Pay one time for the missing years for social insurance participants who have met the age requirement to receive pension according to regulations but the remaining social insurance payment period is not more than 10 years (120 months), then they can pay for the full 20 years to receive pension.
In case a social insurance participant has reached the prescribed retirement age but the remaining social insurance payment period is more than 10 years, if he/she wishes, he/she can continue to pay voluntary social insurance according to one of the methods prescribed in Points a, b, c, d and dd, Clause 1 of this Article until the remaining social insurance payment period is no more than 10 years, then he/she can pay once for the remaining years to receive pension according to the provisions in Point e, Clause 1 of this Article.
According to Point c, Clause 1, Article 5 of Circular No. 01/2016/TT-BLDTBXH dated February 18, 2016 of the Minister of Labor - Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Social Insurance on voluntary social insurance, in case a social insurance participant meets the conditions for receiving a pension but continues to participate in voluntary social insurance, the time to receive the pension is the 1st day of the month following the month of stopping voluntary social insurance contributions and requesting to receive a pension.
Vietnam Social Security would like to provide some of the above information for Mr. Sang to understand. In case he needs detailed explanation and guidance, Mr. Sang can contact the Social Security organization where he is participating in Social Security for specific advice and answers.
Government.vn
Source: https://baochinhphu.vn/co-duoc-dong-them-bhxh-tu-nguyen-de-huong-luong-huu-toi-da-102250620084004675.htm
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