Conditions for receiving maximum pension when retiring early

Three groups of subjects are not subject to pension deductions

Decree 67/2025/ND-CP amends and supplements a number of articles of Decree 178/2024/ND-CP on regimes and policies for cadres, civil servants, public employees, workers and armed forces in the arrangement of organizational apparatus.

Accordingly, some people who retire before the age under this decree are entitled to receive pensions according to the provisions of the Law on Social Insurance without having their pensions deducted from the maximum pension rate of 75%.

Illustration

Specifically, according to Clause 2, Article 7, Decree 178/2024/NQ-CP amended by Clause 5, Clause 6, Article 1 of Decree 67/2025/ND-CP, people who retire early due to organizational restructuring, if they are subjects in Clause 1 and Clause 3, Article 2 of this Decree, will not have their pension rate deducted, even if they retire 2 to 10 years earlier than the retirement age according to the following regulations:

The following three groups of subjects will not have their pension rates deducted if they meet the conditions on age, social insurance payment period and job characteristics, including:

- Have 2 to less than 5 years left before retirement age, eligible for pension according to social insurance regulations.

- Have 5 to 10 years left before retirement age and are eligible for pension.

- Have 2 to less than 5 years of retirement age, have worked for at least 15 years in a particularly difficult area or in a toxic, arduous, or dangerous job.

Also according to Decree 67, cadres, civil servants, public employees, and people working under labor contracts at agencies, organizations, units, and armed forces due to organizational arrangements and administrative units at all levels who retire before retirement age will not have their pension rate deducted.

However, the rate of benefit must still be based on the current Social Insurance Law, that is, male workers receive a rate of 45% corresponding to 20 years of social insurance contributions; female workers receive a rate of 45% corresponding to 15 years of social insurance contributions. After that, for each additional year of social insurance contributions, workers are calculated an additional 2% until reaching the maximum level of 75%.

Thus, male workers must have 35 years of social insurance contributions, female workers must have 30 years of social insurance contributions to receive a maximum pension of 75%. Accordingly, with the provisions of Decree 67 amended on early retirement, the monthly pension level when retiring early for cadres, civil servants, public employees and workers remains at 45% to 75% of the average salary used as the basis for social insurance contributions.

Benefits

In addition, Decree 67/2025/ND-CP stipulates that in case of having 2 to less than 5 years of retirement age, those who quit their jobs will receive: 5 months of current salary for each year of early retirement compared to retirement age. 5 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, they will receive 0.5 months of current salary.

In case of 15 years of work or more, having paid compulsory social insurance and being eligible for: Receiving pension according to the provisions of the law on social insurance at the time of early retirement, receiving a subsidy of 4 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, receiving a subsidy of 0.5 months of current salary.

In case of having more than 5 years to 10 years of retirement age: Receive 4 months of current salary for each year of early retirement. Receive 5 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 0.5 months of current salary.

According to the current Law on Social Insurance, within 20 days from the date of receiving complete documents from pensioners, the social insurance agency will process payments to employees.

To resolve the retirement regime, the staff will base on the records sent by the employer (including the retirement decision for the employee). The time to receive the pension is the time stated in the decision to retire early.

Bao Thoa

Source: https://congthuong.vn/dieu-kien-huong-luong-huu-toi-da-khi-nghi-vic-truoc-tuoi-389221.html