Can I receive a lump-sum pension if I pay voluntary social insurance in Vietnam?

Can I receive a lump-sum pension if I pay voluntary social insurance in Vietnam?

Article 77 of the Law on Social Insurance 2014 stipulates lump-sum social insurance allowance as follows:

1. Employees defined in Clause 4, Article 2 of this Law are entitled to a lump-sum social insurance allowance upon request if they fall in one of the following cases:

a/ They satisfy the age requirement specified at Point a, Clause 1, Article 73 of this Law but have paid social insurance premiums for under 20 years and do not continue paying social insurance premiums;

b/ They settle abroad;

c/ They suffer a fatal disease, such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis, HIV infection progressing into AIDS, or other diseases as prescribed by the Ministry of Health.

2. The lump-sum social insurance allowance shall be calculated based on the number of years of social insurance premium payment; for each year of payment they are entitled to:

a/ 1.5 times the average monthly income on which social insurance premiums are based, for the years of payment prior to 2014;

b/ 2 times the average monthly income on which social insurance premiums are based, for the years of payment since 2014;

c/ In case the period of social insurance premium payment is under 1 year, the social insurance allowance must equal the paid premium amount but must not exceed 2 times the average monthly income on which social insurance premiums are based.

3. The lump-sum social insurance allowance for the subjects eligible for the State’s support under Clause 2 of this Article is exclusive of the State’s monetary support for payment of voluntary social insurance premiums, except the case specified at Point c, Clause 1 of this Article.

4. The time for enjoying the lump-sum social insurance allowance is the time stated in decisions of social insurance agencies.

5. The social insurance benefits for employees covered by voluntary social insurance and currently on pension who settle abroad shall be implemented under Clauses 1 and 2, Article 65 of this Law.

In Article 73 of the Law on Social Insurance 2014, as amended by Point c, Clause 1, Article 219 of the Labor Code 2019, conditions for pension enjoyment are as follows:

1. A worker will receive retirement pension when he/she:

a) reaches the retirement age specified in Clause 2 Article 169 of the Labor Code; and

b) has paid social insurance for at least 20 years.

2. Employees who satisfy the age requirement specified at Point a, Clause 1 of this Article but have paid social insurance premiums for under 20 years may continue paying social insurance premiums until the payment period reaches full 20 years in order to enjoy pension.

According to current regulations in Vietnam, in case you meet the prescribed retirement age but have paid social insurance premiums for under 20 years and do not continue to participate in social insurance, you can receive lump-sum social insurance (lump-sum pension).

To receive the lowest monthly pension, how many years do voluntary social insurance participants need to pay in Vietnam?

Article 74 of the Law on Social Insurance 2014 provides for levels of monthly pension as follows:

1. From the effective date of this Law to January 1, 2018, the level of monthly pension for employees who fully satisfy the conditions specified in Article 73 of this Law must equal 45% of the average monthly income on which social insurance premiums are based as prescribed in Article 79 of this Law, corresponding to 15 years of social insurance premium payment, which shall then be added with 2% for men and 3% for women for each additional year of social insurance premium payment, but must not exceed 75%.

2. Since January 1, 2018, the monthly pension of employees who fully satisfy the conditions specified in Article 73 of this Law must equal 45% of the average monthly income on which social insurance premium are based as provided in Article 79 of this Law, and correspond to the following number of years of social insurance premium payment:

a/ For male employees who retire in 2018, 2019, 2020 and 2021 and in 2022 and afterward, it is 16 years, 17, years, 18 years, 19 years and 20 years, respectively;

b/ For female employees who retire in 2018 and afterward, it is 15 years. Then, for employees defined at Points a and b of this Clause, the monthly pension shall be added with 2% for every additional year, but must not exceed 75%.

3. The adjustment of pension must comply with Article 57 of this Law.

According to this Article, in order to receive the lowest monthly pension, voluntary social insurance participants need to pay 20 years of insurance for male employees and 15 years for female employees in Vietnam.

What are regulations on lump-sum allowance upon retirement for voluntary social insurance in Vietnam?

Article 75 of the Law on Social Insurance 2014 provides for lump-sum allowance upon retirement for voluntary social insurance as follows:

1. Employees who have a period of social insurance premium payment longer than the number of years corresponding to the 75% pension rate are entitled to not only pension but also a lump-sum allowance upon retirement.

2. The lump-sum allowance shall be calculated based on the number of years of social insurance premium payment in excess of the number of years corresponding to the 75% pension enjoyment rate, with half of the average monthly income on which social insurance premiums are based for each of these years.

Thus, the lump-sum allowance upon retirement for voluntary social insurance will be implemented in accordance with the above provisions in Vietnam.

Best Regards!