The Lao Dong Newspaper Legal Consulting Office replied:
Article 4, Circular 01/2025/TT-BNV of the Ministry of Home Affairs (effective from January 17, 2025) stipulates how to calculate the policy for early retirees as follows:
Subjects specified in Article 2 of this Circular who meet the conditions and are decided by competent authorities to retire early compared to the retirement age specified in Appendix I or Appendix II issued with Decree No. 135/2020/ND-CP shall immediately receive pension according to the provisions of the law on social insurance without having the pension rate deducted due to early retirement.
At the same time, they are entitled to one-time pension benefits as prescribed in Clause 1, Article 7 of Decree No. 178/2024/ND-CP; benefits according to the number of years of early retirement and benefits according to the working period with compulsory social insurance payment as prescribed in Clause 2, Article 7 of Decree No. 178/2024/ND-CP, specifically as follows:
1. In case of retirement age from 02 years to 05 years as prescribed in Point a and Point c, Clause 2, Article 7 of Decree No. 178/2024/ND-CP, the following 03 benefits will be enjoyed:
a) One-time pension for the number of months of early retirement:
For those who retire within the first 12 months:
One-time pension allowance = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 1.0 x Number of months of early retirement as prescribed in Clause 3, Article 3 of this Circular
For those who retire from the 13th month onwards:
One-time pension allowance = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 0.5 x Number of months of early retirement as prescribed in Clause 3, Article 3 of this Circular
b) Allowance for the number of years of early retirement: For each year of early retirement (fully 12 months), they will receive 05 months of current salary.
Subsidy level for the number of years of early retirement = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 5 x Number of years of early retirement as prescribed in Clause 4, Article 3 of this Circular
c) Allowance according to working period with compulsory social insurance payment:
For the first 20 years of work with compulsory social insurance contributions, a subsidy of 5 months of current salary will be granted; for the remaining years (from the 21st year onwards), each year will be granted a subsidy of 0.5 months of current salary.
The allowance level is calculated based on the working period with compulsory social insurance = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 5 (for the first 20 years of work with compulsory social insurance) + 0.5 x Number of years of work with remaining compulsory social insurance contributions from the 21st year onwards
Thus, those who retire 2 years to 5 years before the retirement age according to Decree 178/2024/ND-CP are entitled to the above policy.
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