The new Law on Teachers takes effect from January 1, 2026. A noteworthy point is that in the provisions of the Law on Teachers, there is an adjustment to another law, the Law on Social Insurance.
Accordingly, Article 40 of the Law on Teachers stipulates the amendment and supplementation of Article 66 of the Law on Social Insurance as follows: Supplementing clause 3a after clause 3 of Article 66 as follows:
The monthly pension level of subjects specified in Clause 2, Article 26 of the Law on Teachers is calculated as specified in Clause 1 of this Article, the retirement time at a lower age does not reduce the percentage of pension benefits as specified in Clause 3 of this Article".
In comparison with the above regulations, Clause 2, Article 26 of the Law on Teachers stipulates: Teachers in preschool education institutions, if they wish, can retire at an age lower than the retirement age of employees in normal conditions but not exceeding 05 years. In case they have 15 years or more of social insurance contributions, the percentage of pension benefits is not reduced due to early retirement.
Article 66 of the Law on Social Insurance stipulates the monthly pension level as follows:
1. The monthly pension level of eligible subjects specified in Article 64 of this Law is calculated as follows:
a) For female workers, it is equal to 45% of the average salary as the basis for social insurance contributions specified in Article 72 of this Law, corresponding to 15 years of social insurance contributions, then for each additional year of contribution, an additional 2% is calculated, the maximum level is 75%.
b) For male workers, it is equal to 45% of the average salary as the basis for social insurance contributions specified in Article 72 of this Law, corresponding to 20 years of social insurance contributions, then for each additional year of contribution, an additional 2% is calculated, the maximum level is 75%.
In case male workers have a social insurance contribution period of 15 years to less than 20 years, the monthly pension level is equal to 40% of the average salary as the basis for social insurance contributions specified in Article 72 of this Law, corresponding to 15 years of social insurance contributions, then for each additional year of contribution, 1% is added.
2. The monthly pension level for subjects who are workers in certain occupations and jobs with special characteristics in the people's armed forces is regulated by the Government. Funding is from the state budget.
3. The monthly pension level of eligible subjects specified in Article 65 of this Law is calculated as specified in Clause 1 of this Article, then for each year of early retirement, it is reduced by 2%.
In case the pre-retirement period is less than 06 months, the percentage of pension benefits is not reduced, from 06 months to less than 12 months, it is reduced by 1%.
4. The calculation of the monthly pension level of employees who are eligible for pensions but have paid social insurance according to the provisions of international treaties to which the Socialist Republic of Vietnam is a member but have paid social insurance in Vietnam for less than 15 years, each year of contribution during this period is calculated at 2.25% of the average salary level used as the basis for paying social insurance as stipulated in Article 72 of this Law.
This is understood that if preschool teachers wish to retire early (no more than 5 years), the retirement time at a lower age, they do not reduce the percentage of pension benefits according to regulations.
