Regime for early retirement according to wishes

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 2, Article 3, Decree 177/2024/ND-CP stipulates the regime and policies for cases of non-re-election, reappointment and cadres who quit their jobs or retire at will (effective from January 1, 2025) stipulating the regimes to enjoy when retiring early as the following:

a) Receive pension or other benefits as prescribed by law on social insurance and not reduce the pension percentage due to early retirement for a period of 05 years (60 months) or less.

b) Receive a subsidy of 05 months of current salary at the time of retirement for each year of early retirement.

c) Receive a subsidy of 05 months of current salary for the first 20 years of work with compulsory social insurance contributions; from the 21st year onwards, for each year of work with compulsory social insurance contributions, a subsidy of 0.5 months of current salary will be granted.

In case of having paid compulsory social insurance for 15 years or more and being eligible for pension according to the provisions of the law on social insurance at the time of leaving work or retiring, they will be subsidized with 05 months of current salary for the first 15 years of work; from the 16th year onwards, for each year of work with compulsory social insurance payment, they will be subsidized with 0.5 months of current salary.

d) In the case of salary classification for positions, if the salary level 1 of the current position has been assigned for 48 months or more, it will be assigned to level 2 of the current position for retirement.

d) In the case of salary classification for expertise, profession and leadership position allowances, if the final salary level in the current holding rank has not been classified and there is still a shortage of 01 to 12 months to be regularly increased according to regulations, the salary level will be increased ahead of schedule.

e) Add the time of early retirement to the working time to consider rewarding contributions if they are the subject of rewarding contributions according to the provisions of the law on emulation and reward.

g) Be considered for promotion to military rank or salary increase according to the provisions of law.

h) For commune-level cadres working in areas with particularly difficult socio-economic conditions (including working time in areas with regional allowances of coefficient 0.7 or higher before January 1, 2021) as prescribed by law; commune-level cadres who have participated in the army, police and are awarded by the State with medals and medals of all kinds that lack the compulsory social insurance payment period of 2.5 years (30 months) or less to have enough years of social insurance payment as prescribed to enjoy the pension regime, will be supported with one-time social insurance payment for the remaining period to implement the pension regime. For a period of more than 30 months, voluntary social insurance can be paid once for the excess period; the payment method, payment level, benefit level and other related contents must comply with the provisions of the law on social insurance.

i) The percentage of pension benefits due to early retirement for the number of years of retirement exceeding 05 years (if any) will not be reduced if the voluntary social insurance payment is made one time for the excess period; the payment method, payment level, benefit level and other relevant contents shall comply with the provisions of the law on social insurance.

k) Receive a one-time allowance for each year of work with compulsory social insurance payment calculated at 0.5 months of current salary.

l) Receive one-time social insurance according to the provisions of the law on social insurance.

Thus, people who retire early at the age of at will are entitled to the regimes according to the above regulations.