How to determine the age limit for professional soldiers to leave under Decree 178

Legal Legal Consulting Office replied:

Clause 5, Article 5 of Circular 19/2025/TT-BQP guiding the implementation of policies and regimes for subjects under the management of the Ministry of Defense in organizing the organizational structure (effective from January 11, 2025) stipulating how to determine the highest service age limit or retirement age for subjects to calculate policies, retirement regime before age as follows as follows:

a) The highest service age

For officers comply with Clause 2, Article 1 of the Law amending and supplementing a number of articles of the Vietnam People's Army Officer Law No. 52/2024/QH15.

For professional military personnel complies with Clause 2, Article 17 of the Law on Professional Military Personnel, Defense Workers and Defense Officers No. 98/2015/QH13.

For defense workers, defense officials comply with Article 31 of the Law No. 98/2015/QH13.

b) Retired age

For defense officials; Contract labor earning salary from the state budget; officer; officials comply with the provisions of the Law on Social Insurance No. 41/2024/QH15; Appendix I and Appendix II issued together with the Government's Decree No. 135/2020/ND-CP of November 18, 2020, stipulating the retirement age.

For people working in the Cipher Organization of the Government Cipher Committee comply with Clause 1, Article 27 of the Cipher Law No. 05/2011/QH13; Appendix I and Appendix II issued together with Decree No. 135/2020/ND-CP.

c) The rank of rank to determine the highest age limit for professional officers and soldiers

The rank of the rank to determine the highest age limit is the rank of army ranks of officers and professional soldiers stated in the retirement decision (resting) of the competent authority.

d) How to determine the age of retirement cases before age

Age to determine cases of retirement before the age of the highest service age or the retirement age according to the instructions at Point A, Point B of this Clause is calculated from the month of birth to the adjacent month before enjoying the monthly pension.

Thus, the way to determine the age limit of professional officers and soldiers rests under Decree 178/2024/ND-CP is prescribed above.