Regulations on early retirement according to the Decree 113/2018/ND-CP in Vietnam

20:59, 11/07/2024

According to the Decree 113/2018/ND-CP amending and supplementing several articles of Decree 108/2014/ND-CP on the policy of streamlining the payroll, the regulations related to early retirement for officials and public employees in Vietnam are as follows:

All Regulations on Early Retirement Benefits in 2018 in Vietnam

Dossier for Retirement Benefits

Firstly, Policy on Early Retirement in Vietnam:

According to the new regulation in Decree 113, personnel reduction subjects specified in Article 6 of Decree 108, if they are aged 55 to 58 for men, and 50 to 53 for women, with at least 20 years of social insurance contributions, are entitled to a pension as per the law on social insurance and the policies specified in point a, c clause 1 Article 8 of Decree 108. They are also entitled to a severance allowance of 03 months of salary for each year of early retirement compared to the regulations in point a clause 1 Article 54 of the Social Insurance Law (i.e., compared to the regulation of 60 years old for men and 55 years old for women).

Secondly, Method for Calculating Allowance in Vietnam

Decree 113 supplements regulations on the method for calculating the allowance as follows:

The date used as the basis for calculating the age for enjoying policies and early retirement is the first day of the month following the month of the subject's birth. If the subject's dossier does not clearly state the day and month of birth, January 1 of the subject's birth year is used.

Cases of personnel reduction specified in Article 6 of Decree 108 (amended and supplemented in Decree 113):
Officials and public employees on the payroll and commune-level officials receiving salaries from the state budget or the salary fund of a public service provider as prescribed by law (collectively referred to as officials and public employees), are subject to personnel reduction if they fall into one of the following cases:
a) Redundant due to review, reorganization of the organizational apparatus, personnel according to the decision of the competent authority of the Communist Party, the State, or due to the reorganization of the organizational apparatus, personnel to implement autonomous policies and take responsibility for the implementation of tasks, finance, organizational apparatus, and personnel;
b) Redundant due to reshuffling of officials and public employees according to job positions, but unable to arrange other jobs;
c) Failing to meet the educational level according to the professional standards for the current job position, but there is no other suitable job position to arrange, and unable to arrange retraining to standardize the professional qualifications, or arranged for another job by the agency, voluntarily implements the personnel reduction and is approved by the direct management agency or unit;
d) Having an unsuitable major for the current job position, limiting the ability to complete assigned tasks, but unable to arrange other jobs or arranged for another job by the agency, voluntarily implements the personnel reduction and is approved by the direct management agency or unit.
dd) Having two consecutive years at the time of consideration for personnel reduction, officials are graded as completing tasks but with limited capacity or one year completing tasks but with limited capacity and one year not completing tasks, but unable to arrange other suitable jobs or not completing tasks in the previous year at the time of consideration for personnel reduction, voluntarily implements the personnel reduction and is approved by the direct management agency or unit.
e) Having two consecutive years at the time of consideration for personnel reduction, public employees are rated as completing tasks for one year and not completing tasks for the other year, but unable to arrange other suitable jobs or not completing tasks in the previous year at the time of consideration for personnel reduction, voluntarily implements the personnel reduction and is approved by the direct management agency or unit.
g) Having two consecutive years at the time of consideration for personnel reduction, each year having a total number of days of work leave equal to or more than the maximum days off due to illness as prescribed in clause 1 Article 26 of the Social Insurance Law, confirmed by a healthcare facility and the social insurance agency paying the illness allowance as per current law, or in the previous year at the time of consideration for personnel reduction, having a total number of days of work leave equal to or more than the maximum days off due to illness as prescribed in clause 1 Article 26 of the Social Insurance Law, voluntarily implements the personnel reduction and is approved by the direct management agency or unit.
h) Officials and public employees in leadership and management positions who resign from their positions due to reorganization of the organizational apparatus as decided by the competent authority, voluntarily implement the personnel reduction and are approved by the direct management agency or unit.

- Thuy Phu -

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