Youme Law Firm LLC said that, based on Article 4 of Circular 1/2025/TT-BNV, the policy for early retirees is as follows:
How to calculate policies for people retiring early
Subjects specified in Article 2 of this Circular who are eligible and are decided by competent authorities to retire early compared to the retirement age specified in Appendix I or Appendix II issued with Decree No. 135/2020/ND-CP, shall immediately receive pension according to the provisions of the law on social insurance without having the pension rate deducted due to early retirement; and shall receive a one-time pension allowance prescribed in Clause 1, Article 7 of Decree No. 178/2024/ND-CP; allowance according to the number of years of early retirement and allowance according to the working period with compulsory social insurance payment prescribed in Clause 2, Article 7 of Decree No. 178/2024/ND-CP...
At the same time, based on Article 2 of Circular 1/2025/TT-BNV, it is stipulated that:
Subjects of application
Cadres, civil servants, public employees; commune-level cadres, civil servants and workers specified in Point a, Point b and Point c, Clause 1, Article 2 of Decree No. 178/2024/ND-CP.
Referring to Clause 1, Article 2 of Decree 178/2024/ND-CP, it is stipulated as follows:
Subjects of application
1. Cadres, civil servants, public employees, and people working under labor contracts in agencies, organizations, units and armed forces due to the reorganization of the apparatus and administrative units at all levels (hereinafter referred to as the reorganization of the apparatus) as prescribed in Article 1 of this Decree, including:
a) Cadres, civil servants, public employees in leadership, management and civil servants, public employees;
b) Commune-level cadres and civil servants;
c) People working under labor contracts according to the provisions of labor law before January 15, 2019 and people working under labor contracts are subject to the same policy as civil servants (hereinafter referred to as employees);
...
Compared with the above regulations, the following subjects, when retiring early, will immediately receive pensions according to the provisions of the law on social insurance without having their pension rate deducted due to early retirement, and at the same time enjoy a number of regimes and policies according to the provisions of Article 4 of Circular 1/2025/TT-BNV, specifically:
(1) Cadres, civil servants, public employees in leadership, management and civil servants, public employees;
(2) Commune-level cadres and civil servants;
(3) People working under labor contracts according to the provisions of labor law before January 15, 2019 and people working under labor contracts are subject to the same policy as civil servants.
Note: The above subjects are only entitled to receive pensions immediately if they are eligible and are decided by the competent authority to retire early compared to the retirement age prescribed in Appendix I or Appendix II issued with Decree 135/2020/ND-CP.
