(Chinhphu.vn) - Mr. Huynh Ngoc Suong (in Gia Lai Province) was born on January 1, 1966, he is a worker in charge of repairing electric lines and transformer stations in the electricity industry, and has paid social insurance for 35 consecutive years. Mr. Suong would like to ask if his health decline rate is over 61%, can he retire before his age?

Regarding this issue, Lawyer Tran Van Toan, the Khanh Hung Lawyer’s Office –the Hanoi Bar Association answers as follows:

According to Clause 1, Article 55 of the Law on Social Insurance, employees (specified at Points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law)who cease working after having paid social insurance premiums for at least full 20 years, are entitled to pension lower than that applicable to persons who fully satisfy the conditions for pension enjoyment as specified at Points a and b, Clause 1, Article 54 of this Law when falling in one of the following cases

Since January 1, 2016, men who are full 51 years old, and women who are full 46 years old and suffer a working capacity decrease of 61% or more will be eligible to pension. These age levels will increase one year after each year until 2020, when only men who are full 55 years old and women who are full 50 years old will be eligible to pension when suffering a working capacity decrease of 61% or more; Being full 50 years old, for men, or 45 years old, for women, and suffering a working capacity decrease of 81% or more; Suffering a working capacity decrease of 61% or more and having full 15 years doing extremely heavy, hazardous or dangerous occupations or jobs on the list jointly issued by the Ministry of Labour - Invalids and Social Affairs and the Ministry of Health.

According to the list of extremely heavy, hazardous and dangerous occupations and jobs (Type VI, V) and heavy, hazardous and dangerous jobs (Type IV) issued together with Decision No. 1152/2003 / QD-BLĐTBXH dated September 18, 2003 of the Ministry of Labor, War Invalids and Social Affairs (effective from  October 10, 2003, the status is still valid), the occupations and jobs mentioned in Section 7 and Section 8 of the Conditions Class V laborers are extremely heavy, hazardous occupations and jobs, including: Management and operation of 500 KV transmission lines and transformer stations, with heavy labor conditions and frequent mobile work lines through complicated terrains and climates; exposed to high, dangerous electromagnetic fields. Workers repairing high-voltage lines are carrying electricity, which is dangerous work and often work on high, psychological and psychological stress.

In the case of Mr. Huynh Ngoc Suong,who was born on January 1, 1966, to January 1, 2018, Mr. Suong was 52 years old, had 35 years of payment of social insurance premium, was a worker in charge of repairing electricity lines and transformer stations in the electricity industry. If in 2018, Mr. Suong had a working capacity decrease of 61% or more. And he worked for 15 years or more in extremely heavy, hazardous and dangerous jobs, including: Management and operation of 500 KV transmission lines and transformer stations; or workers repairing high-voltage lines which are carrying electricity, specified in Sections 7 and 8, Working conditions of grade V, under Table C of electricity occupation in the list of extremely heavy, dangerous and dangerous jobs (Type VI, V) and heavy, toxic, dangerous (Type IV) issued together with the Decision No. 1152/2003 / QD-BLDTBXH, then Mr. Suong is eligible to take leave for enjoying pension under the provisions of Point c , Clause 1 Article 55 of Law on Social Insurance.

If in 2018, Mr. Suong did not have enough 15 years or more to do extremely heavy, hazardous and dangerous work (Type VI, V) on the list issued by the Ministry of Labor, War Invalids and Social Affairs, then even if he has a working capacity decrease between 61% and under 81%, he is not eligible to retire to enjoy pension as prescribed in Clause a, Article 1, Article 55 of this Law, because Mr. Suong is able to meet the requirements of 52 years old in 2018, while regulations must be 53 years old.

If in 2018, Mr. Suong did not have 15 years or more of extremely heavy, hazardous and dangerous work (Type VI, V) on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs , but his working capacity was reduced by full 81% or more, he was eligible to retire to enjoy pension under the provisions of Clause b, Article 1, Article 55 of this Law.

Lawyer Tran Van Toan

Khanh Hung Layer’s Office, Hanoi Bar Association

According to the Government Newspaper