Ms. Nga asks if she is eligible for retirement benefits according to the regulations for working in a hazardous environment. If so, what procedures must she follow? In which cases does Circular No. 11/2020/TT-BLDTBXH apply?

Regarding this matter, the Social Insurance of Thai Nguyen province provided the following response:

Regarding the conditions and procedures for early retirement benefits for individuals with a period of working in arduous, hazardous, or dangerous occupations, or specifically arduous, hazardous, or dangerous occupations:

Conditions for receiving retirement benefits:

According to the provisions in Article 54, Article 55 of the Social Insurance Law 2014, Article 169, Item 1 of Article 219 of the Labor Code 2019, and Decree No. 135/2020/ND-CP by the Government, starting from January 1, 2021, the retirement age for workers in normal conditions will be gradually adjusted. Each year, it will increase by an additional 3 months for male workers until reaching the age of 62 in 2028, and it will increase by an additional 4 months for female workers until reaching the age of 60 in 2035.

Specifically, as follows:

- The retirement age for workers who have contributed to social insurance for at least 20 years under normal working conditions is as follows: In 2021, it is 60 years and 3 months for male workers and 55 years and 4 months for female workers. After that, each year, it increases by an additional 3 months for male workers until reaching the age of 62 in 2028, and it increases by an additional 4 months for female workers until reaching the age of 60 in 2035.

- Workers can retire earlier by up to 5 years compared to the retirement age under normal working conditions at the time of retirement if they have contributed to social insurance for at least 20 years and fall into one of the following cases:

- Workers who have engaged in arduous, hazardous, or dangerous occupations for at least 15 years; or particularly arduous, hazardous, or dangerous occupations listed by the Ministry of Labor, Invalids and Social Affairs.

- Workers who have a total period of engaging in arduous, hazardous, or dangerous occupations; or particularly arduous, hazardous, or dangerous occupations and have worked in areas with particularly difficult socio-economic conditions (including working in areas with a region allowance coefficient of 0.7 or higher before January 1, 2021) for at least 15 years.

- Workers who are not subject to age restrictions when they have contributed to social insurance for at least 20 years, have a work capacity reduction of 61% or more, and have worked in particularly arduous, hazardous, or dangerous occupations listed by the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Health for at least 15 years.

Pension File

Article 108, Clause 1 of the Social Insurance Law stipulates that the pension file includes:

- Social insurance book;

- Retirement decision or termination of labor contract document for retirement purposes;

- Medical assessment report on the level of work capacity reduction issued by the Medical Evaluation Council for retirees due to work capacity reduction, or certification of HIV/AIDS infection resulting from occupational accidents.

According to the provisions of Article 3 of Circular No. 11/2020/TT-BLDTBXH issued by the Ministry of Labor, Invalids and Social Affairs, this Circular is effective from March 1, 2021.

The period during which workers engage in occupations or jobs specified in previous decisions or circulars issued prior to Circular No. 11/2020/TT-BLDTBXH is still counted as the period of engaging in arduous, hazardous, or dangerous occupations, or particularly arduous, hazardous, or dangerous occupations until the effective date of Circular No. 11/2020/TT-BLDTBXH.

Regarding the regulations on retirement benefits for hazardous occupations, the job title in the social insurance book must accurately correspond to the list of arduous, hazardous, or dangerous occupations and particularly arduous, hazardous, or dangerous occupations issued by the Ministry of Labor, Invalids and Social Affairs.

The determination of retirement conditions based on arduous, hazardous, or dangerous occupations depends on various factors such as age (date, month, year of birth), gender, duration of social insurance contributions, job titles, and work specified in the social insurance book, as well as health status. Since the information provided is not complete, the Social Insurance agency does not have sufficient basis to provide an answer. It is recommended that you refer to the aforementioned regulations or provide additional information and contact the local Social Insurance agency for specific clarification.