Mr. Nguyen Van Quyet (character's name has been changed) said that his mother, born in 1958, holds the position of Chairman of the Commune Elderly Association - a non-professional position according to the Resolution of the Provincial People's Council - from June 2021 to July 1, 2025, and will retire due to administrative unit arrangement, with a total working time of 4 years and 1 month.
Mr. Quyet cited Decision No. 288/QD-BNV dated April 6, 2022 of the Ministry of Home Affairs on approving the Charter (amending and supplementing) of the Vietnam Association of the Elderly, in which Clause 1, Article 9 stipulates: Members of the Association of the Elderly who are Vietnamese citizens aged 60 and over.
From there, he questioned whether his mother's case will be applied under Point a, Clause 1, Article 9 of Decree 154/2025/ND-CP (for people with less than 5 years of work) or Clause 3, Article 9 of the same Decree applies to non-professional workers at the commune level who are of retirement age as prescribed in the appendices issued with Decree 135/2020/ND-CP.
Regarding Mr. Quyet's reflection on the proposal, the Ministry of Home Affairs responded on the Electronic Information Portal.
After studying, the Ministry of Home Affairs said that the above cases are all of retirement age according to the provisions of Article 169 of the 2019 Labor Code and in Appendix I, Appendix II issued with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age.
Therefore, these cases, when quitting their jobs due to the termination of the use of non-professional workers at the commune level when implementing the 2-level local government model according to the provisions of the Law on Organization of Local Government, will enjoy the policy according to the provisions of Clause 3, Article 9 of Decree 154/2025/ND-CP.
Accordingly, part-time workers at the commune level who are of retirement age as prescribed in Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP or are receiving pension or disability allowance are entitled to a one-time allowance equal to 15 months of current monthly allowance.
