Ms. Vo Thi Anh Dao, teacher at Le Loi Primary School, Ba Ria - Vung Tau City, Ba Ria Vung Tau Province, was born on June 28, 1975. On September 1, 1996, Ms. Dao started working in the education sector and is currently a primary school teacher with a college degree.
Due to her family circumstances and current professional capacity, Ms. Dao wants to retire early under the staff streamlining regime. Ms. Dao asked: "By November 2027, according to the earliest retirement age without taking into account other conditions, will I be able to retire early under this Decree?"
Regarding this issue, the Ministry of Home Affairs responded as follows:
The determination of the time of staff streamlining and retirement according to Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government regulating staff streamlining, has been decentralized to localities for implementation.
The Ministry of Home Affairs also requested Ms. Vo Thi Anh Dao to consult local authorities for answers according to regulations.
2 cases of teachers retiring early
Teachers retire at a lower age than the prescribed age but not more than 5 years old if they are in a case of reduced working capacity or work in an area with particularly difficult socio-economic conditions as prescribed in Clause 3, Article 169 of the Labor Code.
Teachers can retire early if they fall into one of the following cases of staff reduction as prescribed in Article 2 of Decree 29/2023/ND-CP:
- Redundancy due to review and rearrangement of apparatus and personnel or redundancy due to public service units rearranging apparatus and personnel to implement the autonomous mechanism;
- Surplus due to rearrangement of administrative units at commune and district levels according to decisions of competent authorities;
- Redundancy due to restructuring of job positions, but cannot arrange or assign other jobs or can arrange other jobs but the individual voluntarily reduces the payroll and is agreed by the agency, organization or unit directly managing;
- Not yet reaching the training level according to professional and technical standards, but there is no other suitable job position to arrange and cannot be arranged for retraining to standardize professional and technical skills or the agency arranges another job but the individual voluntarily reduces the payroll and is agreed by the agency, organization, or management unit;
- In 2 consecutive years immediately preceding the time of considering streamlining the payroll: 1 year was classified as completing the task and 1 year was not completing the task but could not be arranged for other suitable jobs;
- In the previous year or in the year of considering streamlining the payroll, the individual is classified as having completed the task or worse, but the individual voluntarily carries out streamlining the payroll and is approved by the agency, organization or unit directly managing him/her;
- In 2 consecutive years at the time of considering streamlining the payroll: Each year, the total number of days off work is higher than or equal to the maximum number of days off due to illness, with confirmation from the Social Insurance agency paying sick leave benefits according to regulations;
- In the previous year or the year of considering staff reduction: The total number of days off work is higher than or equal to the maximum number of days off due to illness, with confirmation from the Social Insurance agency paying sick leave benefits, the individual voluntarily implements staff reduction and is approved by the agency, organization or unit directly managing;
- Cadres, civil servants, and public employees who are leaders and managers and cease to hold positions and titles due to the reorganization of the apparatus and administrative units according to the decision of competent authorities, individuals voluntarily carry out staff streamlining and are approved by the agency, organization, or unit directly managing them;
- Cadres, civil servants and public employees who are being disciplined but not to the extent of being dismissed or forced to quit at the time of considering streamlining the payroll, individuals who voluntarily carry out streamlining the payroll, with the consent of the agency, organization or unit directly managing them.
- Working under an indefinite-term labor contract to do professional work in a public service unit that has surplus due to organizational restructuring or reorganization of the unit's human resources according to the decision of the competent authority.
