Subjects not eligible for early retirement according to Decree 178

Quỳnh Chi |

Reader Tan Anh asked: For which subjects is the early retirement policy not resolved under Decree 178?

Youme Law Firm LLC said that according to Clause 2, Section 1 of Official Letter 1767/BTC-TCCB in 2025, the principles for resolving policies and regimes for early retirement and resignation are as follows:

- Priority will be given to those who have less working time until retirement age.

- Not yet considered for settlement for the subjects specified in Clause 1, Section 1 of Official Dispatch 1767/BTC-TCCB in 2025 (those subject to regulation of this policy) if they fall into one of the following cases:

+ Women who are pregnant, on maternity leave, or raising children under 36 months old, except for cases where individuals voluntarily retire.

+ Those who are under disciplinary review or criminal prosecution or are being inspected or examined for signs of violations.

- Not resolving policies and regimes for subjects in Clause 1, Section 1 of Official Dispatch 1767/BTC-TCCB in 2025 who have been classified as not completing their tasks for 2 consecutive years.

- The time of deciding to reorganize the apparatus by the competent authority is the effective date of the document in which the new unit is established and named.

Specifically:

+ For administrative organizations and public service units under the organizational structure of the Ministry: Decree regulating the functions, tasks, powers and organizational structure of the Ministry.

+ For public service units under the Ministry: The Prime Minister's Decision promulgates a list of public service units under the Ministry.

+ For public service units under the Department under the Ministry: The Minister's decision stipulates the functions, tasks, powers and organizational structure of the Department.

Within 12 months from the time of above regulation, civil servants, public employees and employees who are decided by competent authorities to retire (retire early or retire from work) will be entitled to enjoy policies and regimes according to the provisions of the first 12 months.

After the above-mentioned period, they will be counted for policies and regimes according to the regulations of the 13th month onwards.

- The time for considering early retirement and termination of employment policies is determined to be the time limit for submitting documents to the agency advising on personnel organization and management, the agency advising on financial work as prescribed in Point a, Clause 5, Section III of this Official Dispatch.

Thus, the policy and regime for early retirement for subjects in Clause 1, Section 1 of Official Dispatch 1767/BTC-TCCB in 2025 for 2 consecutive years are not resolved, with quality classified as not completing the task.

Quỳnh Chi
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Reader Thanh Truc asked: Is early retirement under Decree 178 still entitled to pension?