Proposal to stipulate continuing to pay social insurance when there are still a maximum of 6 months to receive a pension
The draft revised Law on Social Insurance proposes regulations on continuing to pay social insurance when there are still a maximum of 6 months to be eligible for monthly pension or survivor's allowance.
According to the draft Law amending and supplementing a number of articles of the Law on Social Insurance (BHXH) submitted by the Government to the National Assembly at the 2nd Session, 16th National Assembly, one of the notable contents is to amend regulations on social insurance contributions for cases where there is still a shortage of time to be eligible for benefits.
Specifically, Clause 10, Article 1 of the draft Law proposes to amend and supplement Clause 7, Article 33 of the 2024 Law on Social Insurance.
According to the draft, in case the compulsory social insurance contribution period is still missing a maximum of 6 months to be eligible for monthly pension or survivor's allowance, the employee or employee's relatives are allowed to continue to contribute once for the remaining missing months.
The monthly contribution level is equal to the total contribution of the employee and employer before the employee retires or dies to the pension and survivorship fund.
The draft also stipulates that the continuous contribution period is not counted as the time working in a heavy, hazardous, dangerous profession or especially heavy, hazardous, dangerous work under the list according to the provisions of law on occupational safety and health.
At the same time, this time is not counted as working time in areas with particularly difficult socio-economic conditions or working in professions under the list of special and specific professions and jobs in the armed forces.
For cases where employees terminate compulsory social insurance contributions but the social insurance contribution period is still less than 6 months to be eligible for pension, the draft stipulates that employees have the right to continue to pay voluntary social insurance.
Thus, the draft distinguishes between two cases that are still short of a maximum of 6 months to be eligible for pension or monthly survivor's allowance and still short of more than 6 months to be eligible for pension.
These contents are proposed by the Government in the draft Law amending and supplementing a number of articles of the Law on Social Insurance to improve regulations on social insurance regimes and policies and ensure uniformity in implementation organization.
If passed by the National Assembly, the Law is expected to take effect from March 1, 2027.
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