Ms. Doan Thi Thao Ly (Da Nang), former head of the Propaganda and Mass Mobilization work of the Ward Party Committee.
Implementing the two-level local government and the decision of the City People's Committee approving the list of non-professional workers at the commune level who have quit their jobs according to Decree No. 154/2025/ND-CP, dated July 9, 2025, the Chairman of the Ward People's Committee issued a decision to quit Ms. Ly.
As of June 2025, Ms. Ly's total pension and death fund payment period is 23 years and 5 months. Ms. Ly twice submitted an application to receive pension benefits under Decree No. 135/2020/ND-CP but was told: Decree No. 154/2025/ND-CP does not stipulate an early retirement policy for non-professional workers in communes and wards. Ms. Ly asked, is the answer correct?
Ms. Ly added that she was born on March 30, 1970, according to the provisions of Appendix I of Decree No. 135/2020/ND-CP, until August 2025, she will be of retirement age as prescribed. She asked, so according to Appendix II of Decree No. 135/2020/ND-CP, will she be entitled to pension benefits?
If you want to retire early according to Article 65 of the Social Insurance Law 2024, you have to go through labor capacity assessment procedures, is that correct?
Ms. Ly said that she quit her job due to implementing the two-level local government as stipulated in the Law on Organization of Local Government 2025, but she did not quit her job due to illness but asked her to conduct an assessment of her working capacity.
Regarding this issue, Da Nang Social Insurance responded as follows:
In Clause 4, Article 9 of Decree No. 154/2025/ND-CP dated June 15, 2025 of the Government on policies for part-time workers at the commune level who retire immediately from the implementation of the 2-level local government model according to the provisions of the Law on Organization of Local Government stipulates:
"Unprofessional workers at the commune level specified in Clause 1, Clause 2, Clause 3 of this Article shall not enjoy the policies specified in Articles 6, 7, and 8 of this Decree.
At the same time, part-time workers at the commune level who retire immediately from the implementation of the 2-level local government model according to the provisions of the Law on Organization of Local Government and are arranged as part-time workers in villages and residential groups will not enjoy the policies prescribed in this Decree".
In Appendix I on the roadmap for retirement age under normal working conditions associated with the corresponding months and years of birth, issued with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age.
Comparing the above regulations, in the case of Ms. Doan Thi Thao Ly born on March 30, 1970, she will not be old enough to retire according to regulations until August 2027. Therefore, at present, Ms. Ly is not old enough to settle the pension regime.
Ms. Ly has paid compulsory social insurance for 23 years and 5 months. If she wants to retire early according to the provisions of Article 65 of the Social Insurance Law 2024, she needs to go through labor capacity assessment procedures. If the conclusion of the Medical Assessment Council is that her working capacity has been reduced by 61% or more, she will be eligible for early retirement according to regulations. Early retirement in this case will be deducted 2% per year.
