Decree No. 177/2024/ND-CP stipulates the regime and policies for cases of non-re-election or re-appointment to positions and titles according to the term of the Party Committee, government, Vietnam Fatherland Front and socio-political organizations; cadres who quit their jobs or retire at will.
Applicable objects
Article 2 of Decree No. 177/2024/ND-CP stipulates the subjects of application including:
1. Cadres specified in Clause 1 and Clause 3, Article 4 of the 2008 Law on Cadres and Civil Servants (amended and supplemented by the Law on Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees in 2019) holding full-time positions and titles elected for a term in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, socio-political organizations at the central level, at the provincial, district and commune levels but not meeting the age requirements for re-election or reappointment to the Party Committee at the same level.
The cadres specified in this clause also apply to cases where cadres are eligible for re-election to the Party Committee but are not old enough to be re-elected to leadership positions of the government, the Vietnam Fatherland Front, and socio-political organizations at the time of election or congresses at the same level to elect those positions.
2. Officers, professional soldiers, defense officials, and people working in secretarial work who receive salaries like soldiers in agencies and units of the People's Army and the People's Public Security, holding positions and titles in the structure of participating in the Party Committee, full-time members of the Inspection Committee at the same level but do not meet the age requirement for re-election to the Party Committee at the same level.
In this case, the retirement age is calculated according to the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Soldiers, Workers and National Defense Officials, the Law on People's Public Security, the Law on Cryptography and implementing guidelines.
3. Civil servants holding a fixed-term appointment position whose current position is part of the structure of participating in the Party Committee at the same level but do not meet the age requirement for re-election to the Party Committee (including the positions and titles of Chairman, Vice Chairman of the People's Committee of the district, town, ward where urban administration is implemented; Commander of the Military Command at the commune level).
4. The subjects specified in Clause 1, Clause 2, Clause 3 of this Article meet the age requirements for re-election and reappointment to the same-level Party Committee, have a working period from the date of the congress starting from 30 to 60 months, are eligible for retirement age, but due to the arrangement of Party Committee personnel, they wish to retire and are approved by the competent authority.
5. Cadres under the management of the Politburo and Secretariat are allowed to retire or retire by competent authorities according to Conclusion Notice No. 20-TB/KL, dated September 8, 2022 of the Politburo.
6. The regimes and policies prescribed in this Decree shall not apply to the following cases:
a) Subject to staff streamlining according to the provisions of law on staff streamlining;
b) Has received a retirement notice or retirement decision from a competent authority or has not received a retirement notice or decision but the remaining working time is 06 months or less, calculated from the date of organizing the congress at all levels to the retirement date according to regulations;
c) People who do not meet the age requirements for re-election or reappointment to Party committees at all levels (provincial, district, and communal levels) but continue to work in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and socio-political organizations.
Early retirement
1. Conditions for early retirement benefits:
a) The subjects specified in Clause 1, Clause 2, Clause 3, Article 2 of this Decree do not meet the age requirements for re-election or re-appointment according to the regulations of competent authorities or are still of age for re-election or re-appointment but fall under the cases specified in Clause 4, Article 2 or fall under the subjects specified in Clause 5, Article 2 of this Decree;
b) Up to the retirement date, there is enough working time with compulsory social insurance contributions (including probationary and probationary periods) to receive pension according to the provisions of the law on social insurance at the time of receiving the regime. Retirement age is determined according to the provisions of the law on labor at the time of leaving work or retiring;
c) Have a voluntary application for early retirement and have been approved by the competent authority.
2. Benefits:
a) Enjoy pension and other benefits according to the provisions of the law on social insurance and not have the pension percentage reduced due to early retirement for a period of 05 years (60 months) or less.
b) Receive a subsidy of 05 months of current salary at the time of retirement for each year of early retirement.
c) Receive a subsidy of 05 months of current salary for the first 20 years of work with compulsory social insurance; from the 21st year onwards, for each year of work with compulsory social insurance, receive a subsidy of 0.5 months of current salary.
In case of 15 years of work or more, paying compulsory social insurance and being eligible for pension according to the provisions of the law on social insurance at the time of leaving work or retiring, the employee will be subsidized 05 months of current salary for the first 15 years of work; from the 16th year onwards, for each year of work with compulsory social insurance payment, the employee will be subsidized 0.5 months of current salary.
d) In the case of salary classification for positions, if the salary level 1 of the current position has been assigned for 48 months or more, the position will be assigned to level 2 of the current position for retirement.
d) In the case of professional and technical salary classification and leadership position allowance, if the final salary grade in the current grade has not been classified and there is still a shortage of 01 to 12 months to be eligible for a regular salary increase according to regulations, the salary increase will be granted ahead of schedule.
e) The early retirement period is added to the working time to consider the merit reward if the person is eligible for merit reward according to the provisions of the law on emulation and commendation.
g) Be considered for promotion in military rank and salary increase according to the provisions of law.
h) For commune-level cadres working in areas with particularly difficult socio-economic conditions (including working time in areas with regional allowance coefficient of 0.7 or higher before January 1, 2021) according to the provisions of law; commune-level cadres who have served in the army and police and have been awarded medals and badges of all kinds by the State but still lack the compulsory social insurance payment period of 2.5 years (30 months) or less to have enough years of social insurance payment as prescribed to enjoy retirement benefits, they will be supported with one-time social insurance payment for the remaining time to implement the retirement benefits.
For a period of more than 30 months, voluntary social insurance can be paid once for the excess period; payment method, payment level, benefit level and other related contents shall comply with the provisions of the law on social insurance.
i) The pension percentage due to early retirement will not be reduced for the number of years of retirement exceeding 05 years (if any) if voluntary social insurance is paid in one lump sum for the excess period; payment method, payment level, benefit level and other related contents shall comply with the provisions of the law on social insurance.
k) The social insurance payment period is reserved and one-time benefits are received for each year of work with compulsory social insurance payment, calculated as 0.5 month of current salary.
l) Receive one-time social insurance benefits according to the provisions of the law on social insurance.
Retirement leave
1. Conditions for enjoying retirement leave benefits:
a) Subjects specified in Clause 1, Clause 2, Clause 3, Article 2 of this Decree;
b) Less than 24 months of work remaining until retirement age according to regulations. Retirement age is determined according to labor law regulations at the time of leaving work to wait for retirement age;
c) Have a voluntary application to resign from work pending retirement age and approved by competent authority.
2. Leave of absence from work pending retirement age:
a) Receive full salary or salary according to rank, position allowance, seniority allowance beyond the framework, seniority allowance, salary retention difference, responsibility allowance for members at all levels (if any) until reaching retirement age;
b) The employee who retires and reaches retirement age and the workplace continues to pay social insurance and health insurance according to the provisions of law;
c) Not implementing salary increase during the time off work waiting for retirement age.
Other regimes such as service regime, telephone regime (if any), and other allowances other than the allowances prescribed in Point a, Clause 2 of this Article shall cease to be enjoyed from the month following the month of decision to stop working pending retirement age.
Other policies and regimes (if any) are implemented according to the Rules and Regulations of the agency, organization or unit as for retired people;
d) In case a person who is on leave waiting for retirement age while working is eligible for regular car use, the agency is responsible for arranging a shuttle if requested to attend meetings, conferences or go to medical examination and treatment; if unable to arrange, payment will be made according to regulations;
d) In case after the retirement age waiting period ends but the number of years of compulsory social insurance contributions is still insufficient to receive a pension, a one-time social insurance contribution support for the remaining period (but not more than 30 months) will be provided to the pension and death fund according to the social insurance contribution salary in the month of retirement age to implement the pension regime.
3. Not included in the agency's payroll for cases during the time off work waiting for retirement age.
When reaching the retirement age according to regulations, the working agency will carry out procedures for the staff to enjoy retirement benefits according to the provisions of the law on social insurance.
In the case specified in Clause 2, Article 2 of this Decree, military rank promotion and salary increase shall also be considered according to regulations (if any).
Funding for resolving regimes and policies as prescribed in this Decree shall be provided by the state budget according to current budget decentralization.
This Decree comes into force from January 1, 2025.
This Decree replaces Decree No. 26/2015/ND-CP dated March 9, 2015 of the Government on regimes and policies for cadres who do not meet the age requirements for re-election or re-appointment to positions and titles according to terms in agencies of the Communist Party of Vietnam, the State, and socio-political organizations.
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Source: https://www.baotravinh.vn/trong-nuoc/che-do-chinh-sach-doi-voi-cac-truong-hop-khong-tai-cu-tai-bo-nhiem-can-bo-thoi-viec-nghi-huu-theo-nguyen-vong-43687.html
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