How to calculate time to enjoy the regime when arranging the apparatus

Lao Dong Newspaper Legal Consulting Office replied:

Article 5 of Decree 178/2024/ND-CP dated December 31, 2024 "On policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system" stipulates how to determine time and salary to calculate policies and regimes as follows:

1. The early retirement period to calculate the number of months to receive a one-time pension benefit is the time 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).

2. The period for calculating severance allowance is the period of work with compulsory social insurance payment in agencies of the Party, State, socio-political organizations and armed forces as prescribed in Article 1 of this Decree:

a) In case the working period with compulsory social insurance payment is 05 years or more, the maximum period for calculating severance allowance is 05 years (60 months).

b) In case the working period with compulsory social insurance is less than 05 years, the period for calculating severance allowance is equal to the working period with compulsory social insurance.

3. The period for calculating the allowance based on the number of years of work with social insurance contributions as prescribed 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 period of work with compulsory social insurance contributions (according to each person's social insurance book) but has not yet received severance pay, unemployment benefits or one-time social insurance benefits or demobilization benefits. In case the total period for calculating the allowance has odd months, it will be rounded up according to the principle: from 01 month to 06 months is calculated as 0.5 years; from over 06 months to under 12 months is rounded up as 01 year.

4. The time to calculate the allowance based on the number of years of early retirement specified in Point a, Point b and Point c, Clause 2, Article 7 of this Decree, if there are odd months, will be rounded up according to the principle: from 01 month to 06 months is calculated as 0.5 year; from over 06 months to under 12 months is rounded up as 01 year.

5. The date used as the basis for calculating the age to enjoy the policy and leave regime 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 January of the year of birth shall be taken.

Thus, the calculation of time to enjoy benefits and policies for civil servants and public employees who quit their jobs when restructuring the apparatus is stipulated as above.