Mr. Tran Van Toan (Hanoi) asked: My aunt is a professional female soldier, born in 1974, has 27 years of compulsory social insurance contributions, of which 23 years are counted as military age. So is my aunt eligible for retirement?
Lawyer Nguyen Ngoc Linh - Lawyer of Quoc Thai Law Office, Hanoi Bar Association advises as follows: In Decree No. 33/2016/ND-CP detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance for soldiers, people's police and people working in secret service receiving salaries as for soldiers, it is stipulated that employees who are officers and professional soldiers of the people's army; officers, professional non-commissioned officers and officers, technical non-commissioned officers of the people's police; people working in secret service who have paid social insurance for 20 years or more, when retiring, are entitled to receive pension if they fall into one of the following cases:
- Male soldiers with 25 years or more of service, female soldiers with 20 years or more of service in the Army, of which at least 5 years are military service, and the Army no longer needs to arrange officers, professional soldiers, workers, defense officials or cannot transfer to another profession. The time of service in the Army includes the time as an officer, professional soldier, non-commissioned officer, soldier, worker, defense official, including the time the soldier transfers to another profession and is later mobilized to serve in the Army due to mission requirements.
- Male police officers with 25 years or more of service, female police officers with 20 years or more of service in the people's police, of which at least 5 years are counted as seniority in the people's police, but the people's police no longer need to arrange or cannot transfer to another profession or voluntarily resign. The time of service in the people's police includes the time as an officer; professional non-commissioned officer, technical non-commissioned officer; non-commissioned officer, conscript; student currently studying and receiving living allowance, police worker, including the time when the people's police officer transfers to another profession and is then mobilized back to serve the people's police due to mission requirements.
- A person working in a cryptographic organization must have worked for at least 25 years for men and 20 years for women, and have paid social insurance, including at least 5 years of working in cryptographic organization, but the cryptographic agency no longer needs to arrange work in the cryptographic organization or cannot transfer to another industry. The working time in a cryptographic organization includes the time working in cryptography, the time working in other jobs in the cryptographic organization, and the time being a cryptographic student who is receiving living expenses, including the time when the person working in cryptography changes industry and is later transferred back to serve in the cryptographic force due to mission requirements.
According to the above regulations, your uncle is eligible for retirement.
