ĐỘ TUỔI VÀ CÁCH TÍNH LƯƠNG HƯU TỪ NGÀY 01/07/2025 / RETIREMENT AGE AND CALCULATION OF PENSION FROM J

Legal situation: Dear Lawyer, I’m a male employee and reached 62 years old this year. I have previously worked for several enterprises, and I officially retired in 2025. As of now, I have paid social insurance for 15 years. I have heard from some people that male employees must pay social insurance for at least 20 years to be eligible for a pension. However, others told me that a new regulation on pension entitlement takes effect from July 1st, 2025, and that I may be eligible under this new regulation. Could you please tell whether, given my current circumstances, I am eligible to receive a pension? If so, how will my pension be calculated? Thank you, Lawyer. 

Response:

Thank You for sending your question to FDVN Law Firm (FDVN). Regarding your request for a consultant, after carefully researching the related provisions, FDVN has some discussion below: 

According to Article 54, 46 of the Law on Social Insurance 2014 (LOSI), amended and supplemented by point a clause 1 Article 219 of the Labor Code 2019 (LOSI 2014 becomes invalid from July 1st, 2025), stipulates that male employees must have paid social insurance (SI) contributions for at least 20 years to be eligible for a pension. 

However, the LOSI 2024 (taking effect from July 1st, 2025) has new regulation on reducing the SI contributions time to be eligible for a pension, under Article 64 of the LOSI 2024 as follows: 

“Article 64. Beneficiaries and eligibility for pension

1. A person will be eligible for pension if he/she is a social insurance participant specified in Points a, b, c, g, h, i, k, l, m and n Clause 1 and Clause 2 Article 2 of this Law, has paid compulsory social insurance for at least 15 years before retirement, and satisfies one of the following requirements: 

a) He/she has reached the retirement age prescribed by Clause 2 Article 169 of the Labor Code; 

Citing to the regulation on clause 2 Article 169 of the Labor Code 2019 stipulates the retirement ages as follows: 

2. Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females in 2035.

From 2021, the retirement ages of employees in normal working conditions shall be 60 years 03 months for males and 55 years 04 months for females, and shall increase by 03 months for males and 04 months for females after every year.” 

Accordingly, based on the provisions of the law and the information You have provided, you have currently completed 15 years of SI contributions and meet the statutory retirement age as prescribed by the Labor Code 2019. Therefore, in this case, you are eligible to receive the retirement benefits in accordance with the law. 

Monthly pensions: 

According to point b, clause 1 Article 66 of the LOSI 2024 stipulates on the monthly pension of individual who is eligible for a pension as follows: 

“Article 66. Monthly pensions

1. Monthly pensions for people who fully satisfy the conditions specified in Article 64 of this Law: 

… For male employees who have paid social insurance for 15 years to under 20 years: 40% of the average salary on which social insurance premiums are paid under Article 72 of this Law for 15 years of social insurance payment, plus (+) 1% for each additional year of social insurance payment.” 

Compared to Article 72 of the LOSI 2024 stipulates the average monthly salary on which SI premiums are paid as follows: 

Article 72. Average monthly salary on which social insurance premiums are paid for calculation of pension and lump-sum allowance

1. Regarding employees who receive State-regulated salaries and pay social insurance entirely on such salaries, the average salary on which social insurance premiums are paid for the years of social insurance payment before retirement shall be:

… d) The average monthly salary on which social insurance premiums is paid of the last 10 years prior to retirement if social insurance participation begins during the period from January 1st 2007 to December 31st 2015;” 

If the male employee has paid 15 years of SI contributions and has now retired in 2025, as a result, the commencement of his SI participation would fall around the year 2010. 

According to Article 13 of Decree No. 158/2025/ND-CP stipulates monthly pensions, specifically: 

1. The monthly pension of an employee equals his/her monthly pension rate multiplied by the average salary on which social insurance premiums are paid in accordance with Article 72 of the Law on Social Insurance.” 

Therefore, the Monthly pension = 40% x Average monthly salary on which SI premiums are paid for the last 10 years before retirement 

You may review the average monthly salary on which SI premiums are paid for the last 10 years before retirement to calculate the monthly pension aforementioned. 

The above is FDVN’s consultant regarding Your request for a consultant based on the research of legal regulations. We hope our opinon shall be helpful for You.