Calculating the retirement age when streamlining the payroll

Quỳnh Chi |

Reader Nguyen Thi asked: How to calculate the retirement age when streamlining the payroll according to Decree 178?

Youme Law Firm LLC said that according to the provisions of Articles 7, 9 and 10 of Decree 178/ND-CP, cadres, civil servants, public employees and workers subject to staff streamlining under Decree 178 have the retirement age determined according to Appendix I and Appendix II issued with Decree 135/2020/ND-CP, specifically as follows:

For cases of early retirement

- Age from 5 years or less to the retirement age prescribed in Appendix I and Appendix II issued with Decree 135/2020/ND-CP.

- Age from 5 years to 10 years to the retirement age prescribed in Appendix I issued with Decree 135/2020/ND-CP.

+ Have enough working time with compulsory social insurance contributions to receive a pension.

- The remaining age is from 2 years to 5 years to the retirement age prescribed in Appendix I issued with Decree 135/2020/ND-CP.

+ Have enough working time with compulsory social insurance contributions to receive a pension.

- Age from 5 years to 10 years to the retirement age prescribed in Appendix I issued with Decree 135/2020/ND-CP.

+ Have enough working time with compulsory social insurance contributions to receive a pension.

- The remaining age is from 2 years to 5 years to the retirement age prescribed in Appendix II issued with Decree 135/2020/ND-CP.

Having enough working time with compulsory social insurance contributions to receive a pension. In which, having worked for 15 years or more in a heavy, toxic, dangerous or especially heavy, toxic, dangerous job or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs (now the Ministry of Home Affairs); or having worked for 15 years or more in an area with particularly difficult socio-economic conditions issued by the Ministry of Labor, War Invalids and Social Affairs, including working time in a place with a regional allowance coefficient of 0.7 or higher before January 1, 2021.

- Age of less than 2 years to retirement age as prescribed in Appendix I issued with Decree 135/2020/ND-CP.

+ Have enough working time with compulsory social insurance contributions to receive a pension

- In case of less than 2 years of retirement age as prescribed in Appendix II issued with Decree 135/2020/ND-CP.

Having enough working time with compulsory social insurance contributions to receive a pension. In which, having worked for 15 years or more in a heavy, toxic, dangerous or especially heavy, toxic, dangerous job or job on the list issued by the Ministry of Labor, War Invalids and Social Affairs; or having worked for 15 years or more in an area with particularly difficult socio-economic conditions issued by the Ministry of Labor, War Invalids and Social Affairs, including working time in a place with a regional allowance coefficient of 0.7 or higher before January 1, 2021.

In case of termination of employment

- Age from 2 years or more to the retirement age prescribed in Appendix I, Appendix II issued with Decree 135/2020/ND-CP.

- Not eligible for the early retirement policy as prescribed in Article 7 of Decree 178/ND-CP.

Quỳnh Chi
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