In addition to expanding the scope and beneficiaries, in the draft Decree on amending and supplementing Decree 178, the Ministry of Home Affairs also adjusted regulations related to how to calculate policies and regimes for cadres, civil servants, public employees and workers when restructuring the apparatus.
Accordingly, the draft Decree amends and supplements Clause 6, Article 5 as follows:
The current monthly salary is the salary of the month immediately before retirement, including: Salary level according to rank, office, title, title, professional title or salary level according to agreement stated in the labor contract; salary allowances (including: leadership position allowance; seniority allowance beyond the framework; seniority allowance; preferential allowance according to profession; responsibility allowance according to profession; public service allowance; allowance for party work, political - social organizations; special allowance for armed forces) and salary retention allowance (if any) according to the provisions of the law on salary.
Previously, the method of determining time and salary to calculate policies and regimes was clearly stated in Article 5 of Decree 178.
The current Monthly salary is the salary of the month immediately before retirement, including: Salary according to rank, office, title, title, professional title or salary according to agreement stated in the labor contract and salary allowances (including: Leadership position allowance; seniority allowance beyond the framework; seniority allowance; preferential allowance according to profession; responsibility allowance according to profession; public service allowance; allowance for party and socio-political union work; special allowance for armed forces).
The early retirement period to calculate the number of months of receiving a one-time pension allowance is the period from the retirement date stated in the retirement decision to the retirement age specified in Appendix I and Appendix II of Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government, up to 5 years (60 months).
The period to calculate severance pay is the working period with compulsory social insurance (SI) contributions in agencies of the Party, State, socio-political organizations and armed forces as prescribed in Article 1 of this Decree:
In case the working period with compulsory social insurance payment is 5 years or more, the maximum period to calculate the severance allowance is 5 years (60 months).
In case the working period with compulsory social insurance payment is less than 5 years, the period to calculate the severance allowance is equal to the working period with compulsory social insurance payment.
The period to calculate the allowance based on the number of years of work with social insurance contributions specified in Point a, Point b and Point c, Clause 2, Article 7, Clause 2, Article 9 and Clause 2, Article 10 of this Decree is the total working time with compulsory social insurance contributions (according to the social insurance number of each person) but has not received allowances for severance pay, loss of employment or has not received a one-time social insurance regime or has not received a period of active service or discharge.
In case the total time for calculating the allowance has odd months, it will be rounded up according to the principle: from 1 month to 6 months is counted as 0.5 years; from over 6 months to under 12 months is counted as 1 year.
The time to calculate the allowance based on the number of years of early retirement as prescribed in Point a, Point b and Point c, Clause 2, Article 7 of this Decree, if there are odd months, it will be rounded up according to the principle: From 1 month to 6 months is counted as 0.5 years; from over 6 months to under 12 months is counted as 1 year.
The time used as the basis for calculating the age of eligibility for policies and regimes for leave is the 1st day of the month following the month of birth; in case the date and month of birth in the year are not specified in the records, the 1st day of the 1st month of the year of birth will be taken.
