Benefits for officials who do not meet the age requirements for re-election or reappointment to take leave and wait until they reach retirement age in Vietnam

Benefits for officials who do not meet the age requirements for re-election or reappointment to take leave and wait until they reach retirement age in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Benefits for officials who do not meet the age requirements for re-election or reappointment to take leave and wait until they reach retirement age in Vietnam

According to Article 5 of Decree 26/2015/ND-CP, for officials who do not meet the age requirements for re-election or reappointment and have less than 2 years (24 months) of service until the prescribed retirement age, if they are unable to be assigned to a suitable position and do not wish to retire before the age, they will be on leave and wait until they reach retirement age.

During the period of leave and waiting until they reach retirement age, officials who do not meet the age requirements for re-election or reappointment are still under the management authority of the agency where they work and are entitled to the following benefits and policies:

- Receive the full salary of the position or the salary level according to the rank, position allowance, seniority allowance beyond the salary scale, professional seniority allowance, salary reserve differential, and party work allowance (if any).

- Officials who do not meet the age requirements for re-election or reappointment and the agency where they work before going on leave and waiting until they reach retirement age will contribute to social insurance and health insurance according to the provisions of the current law, based on the salary, allowances, and salary reserve differential (if any) enjoyed under Article 1 of Article 5 of Decree 26/2015/ND-CP.

- Other benefits, such as service benefits, telephone benefits (if any), will cease to be enjoyed in the month following the decision to take leave and wait until they reach retirement age.

- In cases where officials who do not meet the age requirements for re-election or reappointment are regularly using a private car for work purposes, if they participate in meetings, conferences, or medical examinations and treatment, they should inform the agency where they work to arrange transportation. If the agency is unable to arrange transportation, they can use their own means of transportation and will be reimbursed according to the current regulations.

- Officials who do not meet the age requirements for re-election or reappointment and are on leave and wait until they reach retirement age will not be counted in the staffing of the agency, organization, or unit.

2. Policies for officials who do not meet the age requirements for re-election, reappointment, and early retirement in Vietnam

According to Article 3 of Decree 26/2015/ND-CP, the policies for officials who do not meet the age requirements for re-election, reappointment, and early retirement are as follows:

- Officials who do not meet the age requirements for re-election, reappointment and have contributed to social insurance for at least 20 years, if they voluntarily apply for early retirement, will be entitled to retirement benefits according to the provisions of social insurance laws and will also receive additional benefits, including:

+ Their retirement pension will not be reduced due to early retirement;

+ They will receive a subsidy of 3 months' salary for each year of early retirement, in addition to the provisions in point a, Clause 1, Article 50 of the 2014 Social Insurance Law;

+ They will receive a subsidy of 5 months' salary for the total of the first 20 years of service, with social insurance contributions. From the 21st year onward, they will receive a subsidy of 1/2 month's salary for each year of service with social insurance;

+ For officials who are placed on the salary scale:

If at the time of early retirement, they have been placed at level 1 of their current position for at least 48 months, they will be placed at level 2 of their current position for retirement.

+ For officials who are placed on the professional salary scale and receive leadership position allowances:

Officials who have not reached the final salary level of their current position but have consistently performed their duties well during their time in that position, without any disciplinary actions, and are lacking 1 to 12 months to be eligible for regular salary level increases, will be granted an early salary level increase for retirement.

Officials who are currently at the final salary level or receive seniority allowances beyond the salary scale in their current position, have a university degree or higher, and have consistently performed their duties well during their last 5 years before retirement, will be promoted to the next adjacent salary scale without examination for retirement.

+ For officials at the commune level who work in areas with a regional allowance coefficient of 0.7 or higher; commune-level officials who have served in the military, police, and have received state honors and medals, if they have not contributed to social insurance for at least 2.5 years (30 months), but have enough contribution to reach 20 years of social insurance, the state will support them with a one-time payment for the remaining period of social insurance contribution to implement the retirement policy.

- The monthly salary used to calculate the subsidy is determined based on the average net monthly salary of the last 5 years before retirement, including: the salary level or salary scale, position allowances, seniority allowances beyond the salary scale, professional seniority allowances, salary reserve differential, and party work allowances (if any).

- The period of service used to calculate the subsidy is the period of work in Party agencies, State agencies, political-social organizations, public career units, and state-owned enterprises, which is counted for social insurance contributions according to regulations and has not received severance allowances or pension benefits.

- When calculating the subsidy, if the period of early retirement or the period of social insurance contributions has fractional months, it will be calculated as follows:

+ Less than 3 months will not be counted;

+ From 3 months to 6 months will be counted as half a year;

+ From over 6 months to 12 months will be counted as one year.

To Quoc Trinh

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