Thông tư 11/2025/TT-BNV hướng dẫn Luật Bảo hiểm xã hội về bảo hiểm xã hội tự nguyện

CIRCULAR

ON ELABORATION OF THE LAW ON SOCIAL INSURANCE REGARDING VOLUNTARY SOCIAL INSURANCE

Pursuant to the Law on Social Insurance dated June 29, 2024;

Pursuant to Decree No. 25/2025/ND-CP dated February 21, 2025 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 159/2025/ND-CP dated June 25, 2025 of the Government on elaboration of and guidelines for the Law on Social Insurance on voluntary social insurance;

At the proposal of the Director General of the Department of Wage and Social Insurance;

The Minister of Home Affairs hereby promulgates this Circular on elaboration of the Law on Social Insurance regarding voluntary social insurance.

Article 1. Scope

This Circular elaborates Clause 8 Article 33, Clause 4 Article 101 of the Law on Social Insurance and Clause 4 Article 13 of Decree No. 159/2025/ND-CP dated June 25, 2025 of the Government on elaboration of and guidelines for the Law on Social Insurance on voluntary social insurance.

Article 2. Regulated entities

1. Persons participating in voluntary social insurance as prescribed in Article 3 of Decree No. 159/2025/ND-CP dated June 25, 2025 of the Government on elaboration of and guidelines for the Law on Social Insurance on voluntary social insurance.

2. Agencies, organizations, and individuals involved in voluntary social insurance.

Article 3. Contribution levels, methods, and deadlines for voluntary social insurance contributions by employees who stop contributing to compulsory social insurance and have more than 6 months of contributions remaining to qualify for pension benefits.

Employees who stop contributing to compulsory social insurance and have more than 6 months of contributions remaining to qualify for pension benefits shall have the right to continue paying voluntary social insurance with the contribution levels, methods, and deadlines prescribed as follows:

1. Contribution levels shall comply with Clause 1 Article 36 of the Law on Social Insurance.

2. Contribution methods shall comply with Clause 2 Article 36 of the Law on Social Insurance, Articles 6 and 7 of Decree No. 159/2025/ND-CP dated June 25, 2025 of the Government on elaboration of and guidelines for the Law on Social Insurance on voluntary social insurance.

3. Contribution deadlines shall comply with Clause 3 Article 36 of the Law on Social Insurance.

Article 4. Pension eligibility conditions

Persons participating in voluntary social insurance shall be entitled to pension when falling under one of the following circumstances:

1. Meeting the pension eligibility conditions prescribed in Article 98 of the Law on Social Insurance.

2. Meeting the pension eligibility conditions prescribed in Clause 9 Article 141 of the Law on Social Insurance.

Article 5. Pension commencement date

1. The pension commencement date for persons participating in voluntary social insurance who meet the pension eligibility conditions prescribed in Article 4 of this Circular is the first day of the month immediately following the month in which they meet the pension eligibility conditions.

2. Where a person continues to pay voluntary social insurance after meeting the pension eligibility conditions prescribed in Article 4 of this Circular, the pension commencement date shall be the first day of the month immediately following the month of cessation of contribution and submission of a pension claim.

3. Where a person is paying voluntary social insurance under one of the contribution methods of 3 months, 6 months, 12 months, or a lump-sum payment for multiple years in advance, as prescribed in Points b, c, d, and dd Clause 2 Article 36 of the Law on Social Insurance, and meets the pension eligibility conditions prescribed in Article 4 of this Circular and submits a pension claim, the pension commencement date shall be the first day of the month immediately following the month in which both conditions are met and a claim is filed.

4. For persons who have contributed voluntary social insurance for at least 15 years, have reached the retirement age prescribed in Clause 2 Article 169 of the Labor Code before the effective date of the Law on Social Insurance, and discontinue voluntary social insurance contributions from July 01, 2025 onward, the pension commencement date shall be the effective date of the Law on Social Insurance.

5. For persons who, before January 01, 2021, have contributed voluntary social insurance for at least 20 years, and reached 60 years of age for men and 55 years of age for women before the effective date of the Law on Social Insurance, and discontinue voluntary social insurance contributions from July 01, 2025 onward, the pension commencement date shall be the effective date of the Law on Social Insurance.

6. Where a person participating in voluntary social insurance makes a lump-sum payment for the remaining unpaid period of social-insurance contribution as prescribed in Point e Clause 2 Article 36 of the Law on Social Insurance and Article 7 of Decree No. 159/2025/ND-CP dated June 25, 2025 of the Government on elaboration of and guidelines for the Law on Social Insurance on voluntary social insurance, the pension commencement date shall be the first day of the month immediately following the month in which the full amount for the remaining unpaid contribution period is paid.

7. Where the date of birth and month of birth (only the year of birth is available) of a person participating in voluntary social insurance cannot be determined, the pension commencement date shall be the first day of the month immediately following the month in which the pension eligibility conditions are met under Article 4 of this Circular. In such case, the month of reaching retirement age shall be determined based on January 1 of the year of birth for the purpose of determining the age of the voluntary social insurance participant.

Article 6. Entry into force

1. This Circular comes into force as of July 01, 2025.

2. Circular No. 01/2016/TT-BLDTBXH dated February 18, 2016 of the Minister of Labor, War Invalids and Social Affairs on elaboration of and guidelines for the Law on Social Insurance regarding voluntary social insurance shall cease to be effective from the effective date of this Circular.

Article 7. Implementation responsibilities

1. Provincial-level People’s Committees shall direct Departments of Home Affairs and relevant agencies to inspect and expedite the implementation of this Circular.

2. Vietnam Social Security shall be responsible for organizing the implementation of this Circular.

3. Any difficulties arising during the implementation process shall be reported to the Ministry of Home Affairs for guidance and settlement./.