Mr. Tran Van Vinh (character's name has been changed) is a part-time worker at the commune level, expressing concerns about the regime and policies when quitting his job. He said that if he applied for leave on September 1, 2025, it is unclear whether the regime will be applied according to Article 9 or Article 8 of Decree 154/2025/ND-CP.
According to Mr. Vinh, there is currently information in the locality that cases like his will be calculated according to Article 8, because Article 9 of the Decree only applies to those who retire from July 1, 2025.
"If so, is it true or not? I hope the authorities will give me a clear answer, so that non-professional workers like me will not lose their legitimate rights" - Mr. Vinh shared.
Regarding Mr. Vinh's reflection on his petition, the Ministry of Home Affairs responded on the Electronic Information Portal.
To guide the implementation of Clause 4, Article 2 of Decree No. 154/2025/ND-CP to ensure consistency with the conclusion of the Politburo, the Government Steering Committee issued Document No. 12-CV/BCD.
In particular, the Document has clearly instructed cases where part-time workers at the commune level continue to be assigned to work, then wish to retire from August 1, 2025 to before May 31, 2026, they will enjoy the regime and policies according to Article 9 of Decree No. 154/2025/ND-CP at the time of retirement according to the decision of the competent authority.
Article 9 of the Decree clearly states that non-professional workers at the commune level who have not reached the retirement age prescribed in Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP (excluding the subjects specified in Clause 2 of this Article) are entitled to the following benefits:
For those who have worked for less than 5 years, they will enjoy the following benefits:
Receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of work.
Receive a subsidy equal to 1.5 times the current monthly allowance for each year of work.
Receive a subsidy of 3 months of current monthly allowance to find a job.
Receive a period of compulsory social insurance payment or receive one-time social insurance according to the provisions of the law on social insurance.
For those who have worked for 5 years or more and have less than 5 years until retirement age, they are entitled to the following benefits:
Receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of early retirement compared to retirement age.
Receive a subsidy equal to 1.5 times the current monthly allowance for each year of work.
Receive a subsidy of 3 months of current monthly allowance to find a job.
Receive a period of compulsory social insurance payment or receive one-time social insurance according to the provisions of the law on social insurance.
For those who have worked for 5 years or more and have reached the retirement age of 5 years or more, they are entitled to the following benefits:
Receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by 60 months.
Receive a subsidy equal to 1.5 times the current monthly allowance for each year of work.
Receive a subsidy of 3 months of current monthly allowance to find a job.
Receive a period of compulsory social insurance payment or receive one-time social insurance according to the provisions of the law on social insurance.
