1. Regulations on pension beneficiaries:

1.1. Regulations on pension beneficiaries:

According to the regulations ofSocial insurance law 2014, social insurance participants are entitled to retirement benefits when they meet the conditions for participating in both compulsory social insurance and voluntary social insurance, accordingly:

The first, in case of compulsory social insurance participation

According to the provisions of Article 53 of the 2014 Law on Social Insurance, the following employees are eligible for retirement benefits: Employees who are Vietnamese citizens subject to compulsory social insurance, including: :

– People working under an indefinite-term labor contract, a definite-term labor contract, a seasonal labor contract or a certain job with a term of 3 months to less than 12 months, including labor contracts signed between the employer and the legal representative of a person under 15 years old according to the provisions of labor law;

– People working under labor contracts with a term of from 01 full month to less than 03 months;

- Officials and civil servants;

– National defense workers, police workers, people doing other jobs in cipher organizations;

– Officers and professional soldiers of the People's Army; officers, professional non-commissioned officers, officers, technical non-commissioned officers of the People's Public Security; People who do cipher work are paid the same as soldiers;

– Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security serving for a limited period of time; Military, police, and cipher students studying are entitled to living expenses;

– People working abroad under contracts specified in the Law on Vietnamese workers working abroad under contracts;

– Business managers and cooperative managers receive salaries;

– People who work part-time in communes, wards and towns.

Monday, in the case of participating in voluntary social insurance

According to the provisions of Article 72 of the 2014 Law on Social Insurance, subjects applying for the voluntary social insurance retirement regime are Vietnamese citizens aged 15 years or older and not subject to insurance. mandatory society.

1.2. Regulations on pension eligibility conditions:

According to the provisions of Article 54 of the 2014 Law on Social Insurance (Amended by Point a, Clause 1, Article 219 Labor Code 2019), employees are entitled to pension when they meet the following conditions:

The first, ensuring social insurance payment time

Accordingly, employees must have paid social insurance for 20 years or more.

Note:

– Female workers who are commune-level officials, civil servants or part-time workers in communes, wards or towns participate in social insurance when they leave their jobs and have paid social insurance for 15 to less than 20 years. You will be able to retire if you reach the right age

Monday, employees must be of legal age, specifically:

– Employees working under normal working conditions retire when they reach full age as prescribed in Clause 2, Article 169 of the 2019 Labor Code.

- Employees who have worked for 15 years in a profession or job that is heavy, hazardous, dangerous or especially heavy, toxic or dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs or Have 15 years of working in an area with extremely difficult socio-economic conditions, including working time in a place with a regional allowance coefficient of 0.7 or more before January 1, 2021. according to the provisions of Clause 3, Article 169 of the 2019 Labor Code

– Employees who have worked in coal mining for 15 years must be at least 10 years younger than the employee's retirement age specified in Clause 2, Article 169 of the 2019 Labor Code and have 15 years working in underground coal mining;

– People infected with HIV due to occupational accidents while performing assigned tasks without age regulations

Note:

Particularly for employees specified in Points dd and e, Clause 1, Article 2 of the 2014 Law on Social Insurance must meet the following age conditions: –

Have a maximum age of 05 years younger than the retirement age specified in Clause 2, Article 169 of the 2019 Labor Code, except for the Law on Officers of the Vietnam People's Army, the Law on the People's Public Security, the Law on Cipher, The Law on Professional Military Personnel, Defense Workers and Employees has other provisions;

– Have a maximum age of 05 years younger than the retirement age specified in Clause 3, Article 169 of the 2019 Labor Code and have worked for 15 years in a profession or job that is heavy, toxic, dangerous or extremely heavy. , toxic, dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs or have worked for 15 years in areas with extremely difficult socio-economic conditions, including time working in where there is a regional allowance coefficient of 0.7 or more before January 1, 2021;

– People infected with HIV due to occupational accidents while performing assigned tasks.

2. Regulations on pension procedures for employees:

2.1. Regulations on pension applications:

According to the provisions of Article 108 of the 2014 Law on Social Insurance, when employees are eligible to receive pension, they will prepare documents including the following documents:

The first, in case the employee is participating in social insurance, the dossier includes:

- Social insurance book;

– Decision to quit to enjoy retirement benefits or document terminating the labor contract to enjoy retirement benefits;

– Minutes of assessment of reduced working ability by the Medical Examination Council for retirees in case of reduced working ability or certificate of HIV/AIDS infection due to occupational accidents for in the case of employees retiring when infected with HIV/AIDS due to occupational accidents

Monday, for employees participating in voluntary social insurance, people reserving time to participate in social insurance, including people serving prison sentences, include:

- Social insurance book;

– Application for pension;

– Authorization letter to carry out procedures for settling retirement benefits and receiving pensions for people who are serving prison sentences;

– Document from a competent state agency on returning to the country of legal settlement in case of illegal exit;

- Legally effective decision of the Court to annul the decision to declare missing in the case of the return of the missing person.

2.2. Procedures for settlement of pensions according to the provisions of law:

According to the provisions of Article 110 of the 2014 Law on Social Insurance and the Instructions in Decision 166/QD-BHXH of 2019, procedures for settling pensions for employees are carried out in the following order:

Step 1:Submit required documents to the competent social insurance agency

– In case the employee is participating in work, within 30 days from the time the employee receives pension, the employer submits the application to the district social insurance agency where the employee is entitled to receive pension. are paying social insurance

– In case the employee is reserving the time to pay social insurance or is participating in voluntary social insurance, within 30 days from the time the employee receives pension, the application must be submitted. to the district social insurance agency or provincial social insurance agency of residence.

Step 2: The social insurance agency handles procedures according to regulations

Within 20 days from the date of receiving complete documents according to regulations for pensioners, the social insurance agency is responsible for processing and organizing payments to employees; If not resolved, a written response must be made clearly stating the reason.

Step 3: Get results

3. Procedures for transferring pension benefits according to regulations:

3.1. Regulations on dossiers for transferring pension benefits:

According to the provisions of Article 115 of the 2014 Law on Social Insurance, to carry out procedures for transferring salary, you need to prepare documents including the following documents:

– Application according to form

– Records of pension or monthly social insurance benefits managed by the social insurance agency

– Referral letter for payment of pension and social insurance benefits

– ID card/passport/citizen identification card (copy, 01 copy).

3.2. Regulations on procedures for transferring pension benefits:

Procedures for transferring pension benefits are carried out in the following order:

Step 1: Submit application to the competent social insurance agency

People receiving pensions submit directly to the one-stop department or send by post a dossier requesting transfer of pension receipt to the district-level social insurance agency or provincial-level social insurance agency where pensions are being paid.

Step 2: The social insurance agency has the authority to carry out the required procedures

Within 05 working days from the date of receipt of the application, the social insurance agency is responsible for processing; If not resolved, a written response must be made clearly stating the reason

– The social insurance agency where the pensioner is receiving receives all documents from the pensioner and forwards them to the social insurance agency where they move to.

- Insurance of the province or city where you move to: When receiving the transfer documents, notify the person receiving pension or monthly social insurance benefit to complete the registration procedure to receive pension or monthly social insurance benefit or for the person receiving monthly pension or social insurance benefit. waiting to receive benefits know that they have received applications waiting to receive monthly pension and social insurance benefits.

Step 3:Return results

4. Procedures for receiving pension via bank account:

According to the provisions of Decision 166/QD-BHXH, pension recipients who wish to receive pension money via bank account must carry out the following procedures:

Step 1: Make personal retirement account declaration

The person who requests must declare the personal account number and the bank where the account is opened in the declaration "Notification of change in beneficiary information" according to Form No. 2-CBH issued with Decision No. 166/QD- Social insurance dated January 31, 2019 of the General Director of Vietnam Social Insurance

Note:

– If the beneficiary already has an ATM card account from the Bank, clearly state the ATM card account number and the Bank where the account is opened in the Request to change the place of receiving pension or social insurance benefits.

Step 2: Submit application to the competent social insurance agency

The person who requests to apply must submit the application to the district social insurance agency where they are receiving their pension

– When submitting the application, ask the beneficiary to bring the original: Identity card for comparison

Step 3:Return results

The settlement period is determined according to the period of making the monthly payment list.