The Government has just issued Decree No. 177/2024/ND-CP dated December 31, 2024, stipulating the regime and policies for cases of non-re-election, re-appointment, and officials who resign or retire at will.
The Decree has prescribed how to determine the time to calculate benefits.
Accordingly, the early retirement period to calculate the allowance prescribed in Point b, Clause 2 of this Article (subsidized 5 months of current salary at the time of retirement for each year of early retirement), if there are odd months, will be rounded up according to the principle: from 1 month to 6 months is counted as 1/2 year; from over 6 months to 12 months is counted as 1 year.
The working time used to calculate the allowance prescribed in Point c, Clause 2 of this Article (subsidized 5 months of current salary for the first 20 years of work with compulsory social insurance) is the total working time with compulsory social insurance according to the provisions of the law on social insurance.
The time limit for implementing the regime and policies for cadres who are not re-elected or re-appointed is stipulated to be no more than 12 months before the opening date of the congress or before the election date at the same level and no later than 1 month after the end of the congress or after the end of the term of the National Assembly or People's Council.
Regarding the leave of absence from work pending retirement age, one is entitled to receive the full salary or salary according to rank, position allowance, seniority allowance exceeding the framework, seniority allowance, salary retention difference, responsibility allowance for members at all levels (if any) until retirement age.
The employee who retires and waits for retirement age and the workplace continues to pay social insurance and health insurance according to the provisions of law.
No salary increase or grade increase during the period of leave of absence pending retirement age. Other benefits such as service allowance, telephone allowance (if any), and allowances other than the prescribed allowances will cease to be enjoyed from the month following the month of the decision to leave of absence pending retirement age.
Other policies and regimes (if any) are implemented according to the regulations and rules of the agency, organization or unit as for retired people.
In case a person who is on leave waiting for retirement age while working is eligible for regular car use, the agency is responsible for arranging a shuttle bus if requested to attend meetings, conferences or go to medical examination and treatment; if unable to arrange, payment will be made according to regulations.
Cases during the time off work waiting to reach retirement age are not included in the agency's payroll. When reaching retirement age according to regulations, the agency where the employee works will carry out procedures for the employee to enjoy retirement benefits according to the provisions of the law on social insurance.
In the case specified in Clause 2, Article 2 of this Decree, military rank promotion and salary increase shall also be considered according to regulations (if any). Determination of retirement time and pension payment time shall be implemented according to the provisions of law.
Clause 2, Article 2 of this Decree stipulates: Officers, professional soldiers, defense officials, and people working in secretarial work receiving salaries as soldiers in agencies and units of the People's Army and the People's Public Security holding positions and titles in the structure of participating in the Party Committee, full-time members of the Inspection Committee at the same level but not meeting the age requirement for re-election to the Party Committee at the same level.
In this case, the retirement age is calculated according to the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Soldiers, Workers and National Defense Officials, the Law on People's Public Security, the Law on Cryptography and implementing documents.
