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Retirement benefits under the new Social Insurance Law

(Chinhphu.vn) - Ms. Duong Mong Huyen (Hanoi) requested that the authorities provide specific guidance on the retirement age and pension scheme for civil servants and public employees in 2025.

Báo Chính PhủBáo Chính Phủ04/07/2025

Regarding this matter, the Vietnam Social Security responded as follows:

Here is some general information about the retirement scheme under the Social Insurance Law of 2024, effective from July 1, 2025:

Eligibility and conditions for receiving a pension.

Clause 1, Article 64 of the 2024 Social Insurance Law stipulates that employees who retire after having contributed to compulsory social insurance for 15 years or more are entitled to a pension if they fall into one of the following cases:

"a) Reached the retirement age as stipulated in Clause 2, Article 169 of the Labor Code;

b) Having reached the retirement age as prescribed in Clause 3, Article 169 of the Labor Code and having a total period of compulsory social insurance contributions of 15 years or more while working in arduous, hazardous, or particularly arduous, hazardous, or dangerous occupations or jobs listed in the catalog of arduous, hazardous, or particularly arduous, hazardous, or dangerous occupations or jobs issued by the Minister of Labor, War Invalids and Social Affairs , or working in areas with particularly difficult socio-economic conditions, including the time working in areas with a regional allowance coefficient of 0.7 or higher before January 1, 2021;

c) Being up to 10 years younger than the age stipulated in Clause 2, Article 169 of the Labor Code and having at least 15 years of experience working in underground coal mining as prescribed by the Government ;

d) Persons infected with HIV/AIDS due to occupational accidents or risks while performing assigned duties.

Receiving a pension due to reduced work capacity.

Clause 1, Article 65 of the 2024 Social Insurance Law stipulates that employees who retire after having contributed to compulsory social insurance for 20 years or more are entitled to a pension at a lower rate than those who meet the conditions for receiving a 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 up to 5 years younger than the age stipulated in point a, clause 1, Article 64 of this Law and having a reduced working capacity of 61% to less than 81%;

b) Being up to 10 years younger than the age stipulated in point a, clause 1, Article 64 of this Law and having a reduction in working capacity of 81% or more;

c) Having worked for 15 years or more in particularly arduous, hazardous, or dangerous occupations or jobs listed in the catalog of particularly arduous, hazardous, or dangerous occupations or jobs issued by the Minister of Labor, War Invalids and Social Affairs, and experiencing a reduction in working capacity of 61% or more.

Monthly pension amount

Clauses 1 and 3 of Article 66 of the Social Insurance Law of 2024 stipulate:

"1. The monthly pension for eligible individuals as stipulated in Article 64 of this Law is calculated as follows:

"a) For female workers, the average salary used as the basis for social insurance contributions as stipulated in Article 72 of this Law shall be 45% for 15 years of social insurance contributions, and then an additional 2% shall be added for each additional year of contribution, up to a maximum of 75%;

b) For male workers, the contribution rate is 45% of the average salary used as the basis for social insurance contributions as stipulated in Article 72 of this Law, corresponding to 20 years of social insurance contributions. For each additional year of contribution, an additional 2% is added, up to a maximum of 75%.

For male workers with 15 to less than 20 years of social insurance contributions, the monthly pension will be 40% of the average salary used as the basis for social insurance contributions as stipulated in Article 72 of this Law, corresponding to 15 years of contributions, and then an additional 1% will be added for each additional year of contributions.

... 3. The monthly pension of eligible individuals as stipulated in Article 65 of this Law shall be calculated as prescribed in Clause 1 of this Article, and then reduced by 2% for each year of early retirement."

The average salary used as the basis for calculating social insurance contributions for pension and lump-sum benefits.

Article 72 of the 2024 Social Insurance Law stipulates the average salary used as the basis for social insurance contributions to calculate pensions and lump-sum benefits as follows:

"1. For employees subject to the salary regime prescribed by the State, who have contributed to social insurance for the entire period under this salary regime, the average salary used as the basis for social insurance contributions for the years of contribution before retirement is calculated as follows:

a) For those who started participating in social insurance before January 1, 1995, the average salary used as the basis for social insurance contributions will be calculated based on the last 5 years before retirement;

b) If you started participating in social insurance between January 1, 1995 and December 31, 2000, the average salary used as the basis for social insurance contributions will be calculated based on the last 6 years before retirement;

c) If you started participating in social insurance between January 1, 2001 and December 31, 2006, the average salary used as the basis for social insurance contributions will be calculated based on the last 8 years before retirement;

d) If you started participating in social insurance between January 1, 2007 and December 31, 2015, the average salary used as the basis for social insurance contributions will be calculated based on the last 10 years before retirement;

d) For those who started participating in social insurance from January 1, 2016 to December 31, 2019, the average salary used as the basis for social insurance contributions will be calculated based on the last 15 years before retirement;

e) For those who started participating in social insurance from January 1, 2020 to December 31, 2024, the average salary used as the basis for social insurance contributions will be calculated based on the last 20 years before retirement;

g) For those who start participating in social insurance from January 1, 2025 onwards, the average salary used as the basis for social insurance contributions will be calculated based on the entire period of contribution.

2. For employees whose entire employment period is based on a salary determined by the employer, the average salary used as the basis for social insurance contributions will be calculated for the entire period.

3. For employees who have both periods of social insurance contributions under the state-regulated salary regime and periods of social insurance contributions under the employer-determined salary regime, the average salary used as the basis for social insurance contributions will be calculated based on the periods of contribution under the state-regulated salary regime. The average salary used as the basis for social insurance contributions will be calculated according to the provisions of Clause 1 of this Article.

4. The Government shall provide detailed regulations for this Article and prescribe the average wage level as the basis for social insurance contributions for employees under the state-regulated wage system in certain special cases.

Specific guidelines regarding the retirement system are stipulated in government documents. We suggest you monitor media coverage to stay informed of the detailed regulations once the government issues implementing guidelines.

Chinhphu.vn


Source: https://baochinhphu.vn/che-do-huu-tri-theo-luat-bhxh-moi-102250703160440652.htm


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