Tiếng Việt
中文Can employees working at enterprises who have not contributed the full required years of compulsory social insurance still receive a pension when they reach retirement age? Under the Law on Social Insurance 2024 (No. 41/2024/QH15, effective from 1 July 2025), the conditions for pension entitlement have changed significantly compared with the 2014 Law on Social Insurance: the minimum contribution period for pension entitlement has been reduced from 20 years to 15 years.
Conditions for Pension Entitlement under the Law on Social Insurance 2024
Employees are entitled to a monthly pension when they satisfy both conditions:
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1. Reaching the statutory retirement age under the Labor Code 2019. Retirement age is being implemented under a gradual-increase roadmap: for male employees, 3 months per year; for female employees, 4 months per year, until men reach 62 (in 2028) and women reach 60 (in 2035).
2. Having contributed compulsory social insurance for at least 15 years. This is a highlight of the Law on Social Insurance 2024 compared with the old rule (full 20 years). Employees with 15 to under 20 years of contributions who reach retirement age are now entitled to a monthly pension, instead of only receiving a lump-sum social insurance payment as before.
What If the 15-Year Requirement Is Not Met?
Employees who reach retirement age but have not contributed 15 years of social insurance have the following options:
1. Continue participating in voluntary social insurance until 15 years are reached. This option is worth considering if only a few years are missing, as a monthly pension provides longer-term security than a lump-sum payment.
2. Make a lump-sum payment for the missing years (no more than 5 years) to qualify for a pension, applicable to persons who have reached retirement age and are missing no more than 5 years of contributions.
3. Receive a lump-sum social insurance payment if they do not continue to participate and so request. The lump-sum amount is calculated based on the number of years contributed.
How Is the Pension Amount Calculated?
The monthly pension equals the pension accrual rate multiplied by the average salary used as the basis for social insurance contributions. Accrual rate: 45% corresponding to 15 years of contributions, plus 2% for each additional year, up to a maximum of 75%. This rule applies to both men and women under the Law on Social Insurance 2024.
Responsibilities of Enterprises
Enterprises are responsible for paying compulsory social insurance in full and on time for their employees; finalizing social insurance books when employees leave; and coordinating with social insurance agencies to settle retirement benefits. Where an enterprise delays or evades social insurance contributions, causing employees to lose pension eligibility, the enterprise may face administrative penalties and be liable to compensate employees for damages in accordance with the law.
Need advice on pension eligibility, finalizing social insurance books, handling outstanding social insurance debts, or disputes over retirement benefits? Please contact ANT Legal’s lawyers via Hotline/Zalo 0966.475.966 for case-specific consultation.
