Circular 11/2025/TT-BNV detail Law on Social Insurance regarding voluntary social insurance

CIRCULAR

Detailing a number of articles of the Law on Social Insurance regarding voluntary social insurance

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

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

Pursuant to the Government’s Decree No. 159/2025/ND-CP dated June 25, 2025, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance;

At the proposal of the Director of the Salary and Social Insurance Department,

The Minister of Home Affairs promulgates a Circular detailing a number of articles of the Law on Social Insurance regarding voluntary social insurance.

Article 1. Scope of regulation

This Circular details Clause 8, Article 33; Clause 4, Article 101 of the Law on Social Insurance and Clause 4, Article 13 of the Government’s Decree No. 159/2025/ND-CP dated June 25, 2025, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance.

Article 2. Subjects of application

1. Participants in voluntary social insurance specified in Article 3 of the Government’s Decree No. 159/2025/ND-CP dated June 25, 2025, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance.

2. Other agencies, organizations and individuals related to voluntary social insurance.

Article 3. Rates, methods and deadline for voluntary social insurance premium payment for employees who have terminated the payment of compulsory social insurance premiums while the period of compulsory social insurance payment lacks more than 6 months as compared to the law-specified period for them to receive pension

An employee who terminates compulsory social insurance premium payment and has a social insurance payment period lacking more than 06 months as compared to the law-specified period for them to receive pension may continue with the payment of voluntary social insurance premiums, with the payment rates, methods and deadline prescribed as follows:

1. The rate shall be as prescribed in Clause 1, Article 36 of the Law on Social Insurance.

2. The payment methods shall be as prescribed in Clause 2, Article 36 of the Law on Social Insurance and Articles 6 and 7 of the Government’s Decree No. 159/2025/ND-CP dated June 25, 2025, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance.

3. The payment deadline shall be as prescribed in Clause 3, Article 36 of the Law on Social Insurance.

Article 4. Conditions for pension entitlement

Participants in voluntary social insurance are entitled to a pension in one of the following cases:

1. Being eligible for pension entitlement as prescribed in Article 98 of the Law on Social Insurance.

2. Being eligible for pension entitlement as prescribed in Clause 9, Article 141 of the Law on Social Insurance.

Article 5. Time of entitlement to pension

1. The time of pension entitlement for participants in voluntary social insurance who satisfy the conditions specified in Article 4 of this Circular shall be counted from the first day of the month immediately following the month in which they become eligible for pension entitlement.

2. In case the social insurance participant continues to pay voluntary social insurance premiums after meeting the conditions for pension entitlement as prescribed in Article 4 of this Circular, the time of pension entitlement shall be counted from the first day of the month immediately following the month in which the participant terminates his/her payment and submits a request for pension entitlement.

3. In case the participant in voluntary social insurance who is making payment every 03 months, every 06 months, every 12 months or lump-sum payment for subsequent years as specified at Points b, c, d and dd, Clause 2, Article 36 of the Law on Social Insurance and is eligible for pension entitlement as prescribed in Article 4 of this Circular, requests for pension entitlement, the time of pension entitlement shall be the first day of the month immediately following the month in which the participant meets the eligibility conditions and submits a request for pension benefits.

4. In case a participant in voluntary social insurance has paid social insurance premiums for full 15 years or more, has reached the retirement age as prescribed in Clause 2, Article 169 of the Labor Code before the effective date of the Law on Social Insurance and does not continue to pay voluntary social insurance premiums from July 1, 2025, the time of pension entitlement shall be the effective date of the Law on Social Insurance.

5. In case the participant in voluntary social insurance prior to January 1, 2021 has paid voluntary social insurance premiums for full 20 years or more, has reached the full age of 60 years for men or full 55 years for women prior to the effective date of the Law on Social Insurance and does not continue to pay voluntary social insurance premiums from July 1, 2025, the commencement date of pension entitlement shall be the effective date of the Law on Social Insurance.

6. In case the participant in voluntary social insurance makes a lump-sum payment for the remaining social insurance premium payment period as prescribed at Point e, Clause 2, Article 36 of the Law on Social Insurance and Article 7 of the Government’s Decree No. 159/2025/ND-CP dated June 25, 2025, detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance, the commencement date of pension entitlement shall be the first day of the month immediately following the month in which the full amount for the missing contribution period is paid.

7. In case the date of birth and month of birth (only the year of birth is available) of the participant in voluntary social insurance cannot be determined, the commencement date of pension entitlement shall be the first day of the month immediately following the month in which the participant becomes eligible for pension entitlement as prescribed in Article 4 of this Circular. In which, the month of reaching retirement age is determined by taking January 1 of the year of birth as the basis for calculating the voluntary social insurance participant’s age.

Article 6. Effect

1. This Circular takes effect from July 1, 2025.

2. Circular No. 01/2016/TT-BLDTBXH dated February 18, 2016 of the Minister of Labor, Invalids and Social Affairs detailing and guiding the implementation of a number of articles of the Law on Social Insurance regarding voluntary social insurance, shall cease to be effective from the effective date of this Circular.

Article 7. Implementation responsibility

1. The People's Committees of provinces and centrally-run cities shall direct the provincial-level Departments of Home Affairs and relevant agencies to inspect and urge the implementation of this Circular.

2. Vietnam Social Security shall be responsible for implementing this Circular.

3. In the course of implementation, if any difficulties arise, they shall be reported to the Ministry of Home Affairs for guidance and settlement./.