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Regime for people who have not paid social insurance for 15 years and have not received retirement benefits

Báo Dân tríBáo Dân trí24/11/2024

(Dan Tri) - People who have not met the minimum requirement of paying social insurance for 15 years and are not old enough to receive social pension benefits will receive the regime.


Beneficiaries

The Ministry of Labor, War Invalids and Social Affairs is drafting a Decree detailing and guiding the implementation of a number of articles of the 2024 Law on Social Insurance on compulsory social insurance.

The Social Insurance Law 2024 takes effect from July 1, 2025, which stipulates the regime for employees who are not eligible for pension and are not old enough to receive social retirement benefits.

According to the draft Decree, beneficiaries are Vietnamese citizens of retirement age who have paid social insurance but are not eligible for pension (minimum 15 years) and are not eligible for social pension benefits (70-75 years old).

To enjoy this regime, the beneficiary does not receive a one-time social insurance payment and does not reserve the social insurance payment period but requests to receive monthly benefits.

In the draft circular detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance, the Ministry of Labor, War Invalids and Social Affairs gives an example of Ms. C. being a Vietnamese citizen. In September 2025, Ms. C. will be 56 years and 8 months old and has paid social insurance for 10 years.

At the time of September 2025, when Ms. C. reaches the retirement age according to regulations, Ms. C. has the following options: Pay one time for the remaining social insurance payment period to be eligible for pension...

Thus, in case Ms. C. does not make a one-time payment for the missing social insurance payment period or continues to pay voluntary social insurance, does not receive a one-time social insurance payment and does not reserve the social insurance payment period, she can choose to receive a monthly allowance.

During the period of receiving monthly allowance, Ms. C. will have her health insurance paid for by the state budget.

Estimated calculation of benefit period

The monthly benefit period is determined based on the employee's social insurance contribution period and basis.

Regarding the calculation of monthly benefit period, the Ministry gives an example of Mr. T. (born in June 1964) who has paid social insurance for 5 years, the average salary used as the basis for paying social insurance is 6.155 million VND/month.

In October 2025, Mr. T. requested to receive monthly benefits according to the provisions of Article 23 of the Law on Social Insurance. Suppose the social pension benefit level in October 2025 is 500,000 VND/month.

Mr. T's monthly benefit period is calculated according to the formula:

Chế độ cho người chưa đủ 15 năm đóng BHXH, chưa được hưởng trợ cấp hưu trí - 1

Thus, Mr. T.'s monthly benefit period is 132 months (131.1 months rounded to 132 months), starting from October 2025, the requested month when he reaches retirement age.

The monthly allowance at the time of settlement is equal to the social pension allowance of VND 500,000/month.



Source: https://dantri.com.vn/an-sinh/che-do-cho-nguoi-chua-du-15-nam-dong-bhxh-chua-duoc-huong-tro-cap-huu-tri-20241124075820702.htm

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