Will people going abroad suspended from receiving monthly pension in Vietnam?
Currently, many people want to earn extra income, increase their income level, or study in a more suitable environment. Therefore, they choose to work and study abroad. On the other hand, that causes geographical distance between family members. For old people who have retired, they usually have the desire to go visit their oversea children. However, a question have raised, will people going abroad suspended from receiving monthly pension in Vietnam? In this article, LSX legal firm would like to inform you of the related information about this question.
Legal ground
- Law on Social Insurance 2014
Subjects to the retirement regime
Article 53 of the Law on Social Insurance 2014 provides: “The retirement regime covers employees specified in Clause 1, Article 2 of this Law”.
In particular:
- Firstly, persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts, or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Secondly, persons working under labor contracts with a term of between full 1 month and under 3 months;
- Thirdly, cadres, civil servants, and public employees;
- Fourthly, defense workers, public security workers, and persons doing other jobs in cipher agencies;
- Fifthly, officers and professional army men of the people’s army; officers and professional non-commissioned officers and officers and technical noncommissioned officers of the people’s public security; and persons engaged in cipher work enjoying salaries like army men;
- Also, non-commissioned officers and soldiers of the people’s army; noncommissioned officers and soldiers on definite-term service in the people’s public security; the army, public security, and cipher cadets who are entitled to cost-of-living allowance;
- Vietnamese workers working abroad under the labor contracts defined in the Law on Vietnamese Workers working abroad under the labor contract;
- Salaried managers of enterprises and cooperatives;
- Lastly, part-time staff in communes, wards, and townships.
So, all of the above subjects will be entitled to the pension scheme.
Regulations related to insurance
Article 3 of the Law on Insurance 2014 provides:
Social insurance means the guarantee to fully or partially offset an employee’s income that is reduced or lost due to his/her sickness, maternity, labor accident, occupational disease, retirement, or death, on the basis of his/her contributions to the social insurance fund.
Two types of social insurance:
- Compulsory social insurance: a type of social insurance organized by the State that employees and employers must participate in.
- Voluntary social insurance: a type of social insurance organized by the State in which participants can choose a payment level and payment method suitable to their income and the State has the policy to support social insurance for participants to enjoy retirement and survivorship benefits.
Cases of temporary suspension of retirement regime
Persons on monthly pension or social insurance allowance shall be suspended from enjoying their monthly pension or social insurance allowance in one of the following cases:
a) Illegally leaving the country;
b) Declared missing by the court;
c) Having grounds to determine that the enjoyment of social insurance violates the provisions of the law.
Will people going abroad to visit children suspended from receiving monthly pension or not?
The case of going abroad to visit children does not belong to cases having a temporary suspension of the retirement regime. Therefore, they continue to enjoy the monthly pensions and social insurance allowances.
Monthly pension rate as prescribed by law
The employee’s monthly pension calculated by multiplying the monthly pension enjoyment rate by the average monthly salary on which social insurance premiums based on.
Rate of monthly pension enjoyment of employees eligible for pension according to the provisions of Article 54 of the Law on Social Insurance:
- For employees who retire from January 1, 2016, to before January 1, 2018, the rate of monthly pension enjoyment calculated at 45%, corresponding to 15 years of paying social insurance premiums. Then, for every additional year of paying social insurance premiums, 2% for men and 3% for women (the maximum rate: 75%);
- For female employees who retire from January 1, 2018, onward, the monthly pension enjoyment rate calculated at 45%, corresponding to 15 years of paying social insurance premiums. Then, for each additional year of paying social insurance premiums, employees receive 2 more percent (the maximum rate: 75%);
- For male employees who retire from January 1, 2018, onward, the monthly pension enjoyment rate calculated at 45% corresponding to the number of years of paying social insurance premiums. Then, for each additional year of paying social insurance premiums, employees receive 2 more percent (the maximum rate: 75%);
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself, We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Related articles
- Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam?
- Do Vietnamese enterprises have to pay insurance for elderly workers?
- Additional terms of construction insurance in accordance with Vietnamese law
Related questions
The retirement regime covers employees specified in Clause 1, Article 2 of the Law on Social Insurance.
The Government shall stipulate the adjustment of pension based on the increase in the consumer price index and economic growth to suit the state budget capacity and social insurance fund.
Employees are entitled to pension when fully satisfying the following conditions:
a/ Being full 60 years old, for men, or full 55 years old, for women;
b/ Having paid social insurance premiums for at least full 20 years.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Will people going abroad suspended from receiving monthly pension in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
Conclusion: So the above is Will people going abroad suspended from receiving monthly pension in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
