English - CEDAW Southeast Asia

CEDAW and the Law:
for women, and they have performed heavy, hazardous or dangerous occupations or jobs for
15 years, or have worked in regions with regional allowance coefficient of 0.7 or more for 15
years.
Article 50 of the Law on Social Insurance also provides that other specified persons –
that is, (a) officers and professional personnel of the people's army, (b) professional officers
and non-commissioned officers, (c) technical officers and non-commissioned officers of the
people's police, and (d) persons engaged in cipher work and enjoying salaries like the army
or police - are entitled to a retirement pension if they have paid social insurance premiums for
twenty years or more are entitled and that are: (a) aged 55 years for men or 50 years for
women, unless otherwise provided for by the Law on Officers of the Viet Nam People's Army
or Law on People's Police, or (b) aged between 50-55 years for men or between 45-50 years
for women and they have performed heavy, hazardous or dangerous occupations or jobs for
15 years, or have worked in regions with regional allowance coefficient of 0.7 or more for 15
years.
Article 51 of the Law on Social Insurance provides for conditions for enjoying retirement
pension on ‘decrease of working capacity’. Those who have paid social insurance premiums
for at least 20 years and whose working capacity is decreased by at least 61 percent, are
entitled to retirement pensions if they: (a) are aged 50 years for men or 45 years for women;
or (b) have performed especially heavy, hazardous or dangerous occupations or jobs for 15
years or more. The retirement pension is lower in amount than that which is provided in Article
50.
The Law on Social Insurance also provides elaboration on the retirement pension under
the ‘voluntary social insurance retirement regime’. 504 Article 70 of the Law on Social Insurance
states that, labourers covered by the voluntary social insurance retirement regime, being aged
at least 60 years for men or at least 55 years for women, and having paid social insurance
premiums for at least 20 years, are entitled to a retirement pension. It also states that men who
are aged 60 years and women who are aged 55 years, and who have failed to have 20 years
of paying social insurance premiums, are entitled to a lump sum social insurance benefit.
232
Article 70 of the Law on Social Insurance is linked to Article 148 of the Labour Code,
which provides: “Enterprises in agricultural, forestry, fishing, and salt-making industries shall
have the responsibility to participate in the forms of social insurance which are appropriate to
the production characteristics and labour usage of their industry in accordance with
regulations of the Government.” These industries are dominated by women. In most cases,
agricultural work is not covered by the compulsory retirement regime. However, it is covered
by the voluntary insurance regime. 505 The voluntary insurance regime is in place to reach out
to those in the informal labour economy as well and urged them to participate. However, the
cost of the premiums may act as a disincentive.
Differential age of retirement is unwarranted. This differential age policy was introduced
in recognition of women’s contribution to work and family life, especially as early retirement is
seen as a reward and compensation for multiple burdens of women. However, in practice, it
504
Law on Social Insurance, Article 2(5)
505
See Law on Social Insurance, Part IV
Review of key legal documents and compliance with CEDAW