Cases where Officials, Public Employees, and Employees are Not Subject to Pension Deduction Despite Early Retirement

Circumstances under which officials and public employees and workers retiring before the prescribed age will not have their pension rate reduced? This is a question that Thu Ky Luat has recently been receiving quite frequently from our customers and members. Thu Ky Luat will address this issue in the article below.

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According to current regulations, employees with at least 20 years of social insurance contributions are eligible for retirement at 60 years old for men and 55 years old for women. In cases where employees retire before the regulated age, their pension rate will be reduced by 2% for each year they retire early. However, the law stipulates certain cases in which employees, including officials and public employees, will not have their pension rate reduced when retiring before the regulated age. Specifically::

- Men from 55 to 60 years old, women from 50 to 55 years old, having at least 15 years in heavy, hazardous, dangerous occupations or particularly heavy, hazardous, dangerous occupations included in the list issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, or having at least 15 years working in areas with a regional allowance coefficient of 0.7 or higher.

- Employees from 50 to 55 years old, having at least 20 years of social insurance contributions, of which at least 15 years were spent working in coal mining.

- People infected with HIV/AIDS due to occupational accidents.

- Officials and public employees subject to workforce streamlining, if they are from 50 to under 55 years old for men, from 45 to under 50 years old for women, having at least 20 years of social insurance contributions, of which at least fifteen years were spent in heavy, hazardous, dangerous occupations, according to the list issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, or having at least fifteen years working in areas with a regional allowance coefficient of 0.7 or higher.

- Officials and public employees subject to workforce streamlining if they are from 55 to under 60 years old for men, from 50 to under 55 years old for women, having at least 20 years of social insurance contributions.

Note: The date used as the basis to calculate the eligible age for retirement policies before the mandated age is the first day of the month immediately following the month of the person's birth; in cases where the individual's documents do not specify the day and month of birth, January 1 of the year of birth shall be used.

Legal Basis:

Social Insurance Law 2014;

Decree 115/2015/ND-CP;

Decree 108/2014/ND-CP;

Decree 113/2018/ND-CP;

♦ Circular 59/2015/TT-BLDTBXH.

Nguyen Trinh

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