What is the guidance on resolving early retirement policies due to working capacity decrease for officials and public employees in Vietnam?
Conditions for receiving retirement pension when retiring early due to working capacity decrease in Vietnam
Pursuant to Article 55 of Law on Social Insurance 2014 (amended by point b clause 1 Article 219 of the Labor Code 2019), the conditions for receiving retirement pension when retiring early due to working capacity decrease are as follows:
- Employees specified at points a, b, c, d, g, h, and i clause 1 Article 2 of the Law on Social Insurance 2014 who have contributed to social insurance for 20 years or more and stop working, are entitled to receive a lower pension than those who meet the conditions specified at points a, b, and c clause 1 Article 54 of the Law on Social Insurance 2014 in the following cases:
+ Being at most 5 years younger than the retirement age stipulated in clause 2 Article 169 of the Labor Code 2019 when the labor capacity is reduced from 61% to under 81%.
+ Being at most 10 years younger than the retirement age stipulated in clause 2 Article 169 of the Labor Code 2019 when the labor capacity is reduced by 81% or more.
+ Having 15 years or more in occupations or jobs that are particularly heavy, toxic, dangerous as listed by the Ministry of Labor - Invalids and Social Affairs, and the labor capacity is reduced by 61% or more.
- Employees specified at points đ and e clause 1 Article 2 of this Law who have contributed to social insurance for 20 years or more and have their labor capacity reduced by 61% or more, are entitled to a lower pension than those who meet the conditions specified at points a and b clause 2 Article 54 of the Law on Social Insurance 2014 in the following cases:
+ Being at most 10 years younger than the retirement age stipulated in clause 2 Article 169 of the Labor Code 2019.
+ Having 15 years or more in occupations or jobs that are particularly heavy, toxic, dangerous as listed by the Ministry of Labor - Invalids and Social Affairs.
What is the guidance on resolving retirement policies before the age due to working capacity decrease for officials and public employees in Vietnam? (Image from the Internet)
Procedure for considering and handling early retirement policies sue to working capacity decrease for officials and public employees in Vietnam
Pursuant to Official Dispatch 1554/BKHDT-TCCB 2023 guiding the procedure for considering and resolving retirement policies before the age due to working capacity decrease for officials and public employees as follows:
- officials and public employees has an application for early retirement (due to working capacity decrease) reporting to the head of the unit for awareness and feedback.
- The application of officials and public employees and comments of the Unit Head (directly on the individual’s application or separate document) are sent to the Personnel Organization Department for compilation and reporting to the Ministry's Leadership for consideration and approval of the proposal.
- The Personnel Organization Department announces the Ministry's Leadership’s proposal for the Unit Head and officials and public employees to be informed.
If the Ministry's Leadership agrees, the Personnel Organization Department takes the lead in guiding and completing the procedure to introduce officials and public employees for medical examination to determine the level of working capacity decrease.
- Within 5 working days from the date of the medical examination conclusion, officials and public employees promptly reports the medical examination results to the Unit Head and submits the original or certified copy to the Personnel Organization Department.
If officials and public employees meets the conditions for early retirement due to working capacity decrease, the Personnel Organization Department reports to the competent authority for consideration and issuance of the retirement decision and completion of related procedures as prescribed.
Time of retirement for officials and public employees meeting conditions for early retirement due to working capacity decrease in Vietnam
Pursuant to Official Dispatch 1554/BKHDT-TCCB 2023 as follows:
To unify the implementation of resolving retirement policies before the age due to working capacity decrease for officials and public employees, within the Ministry of Planning and Investment's direct management, the Ministry of Planning and Investment guides as follows:
1. The Personnel Organization Department is the focal unit for receiving applications and dossiers for early retirement due to working capacity decrease of officials and public employees, compiling, advising, and reporting to the Ministry's Leadership for approval of the proposal.
2. The retirement time for officials and public employees meeting the conditions for early retirement due to working capacity decrease is calculated from the first day of the month following the month in which the conclusion of working capacity decrease is made.
3. The resolution of retirement policies before the age due to working capacity decrease is carried out according to the procedures attached to this document.
Thus, according to the above regulation, the retirement time for officials and public employees meeting the conditions for early retirement due to working capacity decrease is calculated from the first day of the month following the month in which the conclusion of working capacity decrease is made.
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