Sending a question to Vietnam Social Insurance, reader L.C.D said: During his time working, he always fulfilled his duties as a teacher, participating in full and continuous social insurance contributions.
"From September 2013 to March 2016, I was seconded to work at the Department of Education and Training of Gia Binh district under Decision No. 961/QD-UBND dated August 23, 2013 of the Chairman of Gia Binh District People's Committee.
During that time, I still maintained my position as a teacher, fully performed my teaching duties according to regulations, did not receive public service allowances as a civil servant and did not hold the title of specialist.
After completing my secondment, I have continued to work at the school since April 2016. Up to now, I have had a retirement decision according to Decree 178/2024/ND-CP, effective from April 1, 2025.
However, up to now, my pension regime has not been resolved. The social insurance agency informed me that I am not a subject specified in Decree 54/2011/ND-CP.
I respectfully recommend that competent authorities review the legal basis as follows:
First, according to Decree 29/2012/ND-CP dated April 12, 2012, Article 26 stipulates:
Article 26.secondment of civil servants ...
5.Officials assigned to secondment are entitled to the benefits prescribed in Clause 4, Clause 5 and Clause 6, Article 36 of the Law on Officials.
Second, according to the Law on Civil Servants 2010 (Article 36), seconded civil servants are not subject to changes in rank, grade and professional benefits.
With the above regulations, while I have a decision from the competent authority on receiving seniority allowances for teachers and the process of paying social insurance in full and without interruption, am I eligible to receive a pension at the correct level?
Regarding this issue, Vietnam Social Security responds as follows:
Mr. L.C.D (born on March 20, 1973, social insurance code 2196053030) was issued an early retirement decision by the Gia Binh District People's Committee under Decree No. 178/2024/ND-CP, effective from April 1, 2025. The total period of social insurance payment until March 2025 is 31 years and 7 months.
However, it is not yet possible to resolve the pension regime due to problems related to seniority allowances for teachers in the period from September 2013 to July 2016.
During the time Mr. D was transferred to the Department of Education and Training of Gia Binh district, he did not receive salary and did not pay compulsory social insurance at educational institutions - factors necessary to calculate seniority as a teacher.
Luong Tai - Gia Binh Inter-district Social Insurance has sent a document to the Department of Internal Affairs of Gia Binh District and Binh Duong Primary - Secondary School for clarification. At the same time, Bac Ninh Social Insurance has also sent a document to the Department of Home Affairs of Bac Ninh province to ask for opinions on handling Mr. D's case.
The Social Insurance Agency will handle the pension regime immediately after receiving the conclusion from the competent authority.
