1. Premature retirement conditions for teachers

* The retirement age of teachers working in normal working conditions as prescribed in Article 169 of the 2019 Labor Code and Article 4 of Decree 135/2020/ND-CP is as follows:

* Cases of teachers retiring before age include:

(1) Teachers have reduced working capacity; Working in areas with extremely difficult socio-economic conditions can retire at a lower age but not more than 5 years old compared to the regulations at the time of retirement, unless otherwise prescribed by law (Clause 3 Article 169 Labor Code 2019)

(2) Teachers are subject to downsizing as prescribed in Article 2 of Decree 29/2023/ND-CP, including:

- Redundancies due to reviewing and rearranging apparatus and personnel or redundancies due to public service units arranging apparatus and personnel to implement the autonomy mechanism;

- Redundancies due to rearrangement of commune- and district-level administrative units according to decisions of competent authorities;

- Redundancy due to restructuring of job positions, but unable to arrange or arrange other jobs or arrange other jobs but the individual voluntarily downsizes the payroll and is authorized by the agency, organization or unit on duty. Takeover management agrees;

- Have not met the training level according to professional and professional standards, but there is no other suitable job position to arrange and cannot arrange retraining to standardize expertise and skills or be arranged by the agency. other employment positions but the individual voluntarily downsizes the payroll and is approved by the agency, organization or management unit;

- In 02 consecutive years immediately following the review of downsizing: 01 year was classified as task completion and 01 year was not completed but other suitable jobs could not be arranged;

- In the immediately preceding year or in the year of reviewing payroll streamlining, the person is classified as completing tasks or less, but the individual voluntarily performs payroll streamlining and is approved by the agency, organization, or unit directly managing him/her;

- For 02 consecutive years at the time of considering downsizing: Each year the total number of days off from work is higher than or equal to the maximum number of days off due to illness, certified by the Social Insurance agency. pay sickness benefits according to regulations;

- In the immediately preceding year or the year considering downsizing: Have a total number of days off from work that is higher than or equal to the maximum number of days off due to illness, with confirmation from the Social Insurance agency paying sickness benefits , individuals voluntarily implement downsizing and are approved by agencies, organizations, and units directly managing them;

- Officials, civil servants, and public employees who are leaders or managers resign from holding positions or titles due to organizational arrangements and administrative units according to decisions of competent authorities, and individuals voluntarily carry out the restructuring. Reducing payroll and obtaining approval from agencies, organizations, and units directly in charge of management;

- Officials, civil servants, and public employees are being disciplined but not to the point of being dismissed or forced to quit their jobs at the time of reviewing payroll streamlining, individuals who voluntarily implement payroll streamlining, and are approved by agencies or organizations. Officials and direct management units agree.

- Working under an indefinite-term labor contract, doing professional work in a public service unit that is redundant due to organizational reorganization or restructuring of the unit's human resources according to the decision of the level. have authority.

2. Regimes for teachers who retire before their age

The employee's monthly pension is calculated by multiplying the monthly pension rate by the average monthly salary paid for social insurance.

The monthly pension rate of employees eligible for pension according to the provisions of Article 54 of the Law on Social Insurance 2014 is calculated as follows:

- For retired female workers, the monthly pension rate is calculated at 45% corresponding to 15 years of social insurance payment, then for each additional year of social insurance payment, an additional 2% is calculated; maximum level equal to 75%;

- For retired male workers, the monthly pension rate is calculated at 45% corresponding to 20 years of social insurance payment, then for each additional year of social insurance payment, an additional 2% is calculated; The maximum level is 75%.

(Article 7 of Decree 115/2015/ND-CP)

(1) Teachers have reduced working capacity; Working in areas with extremely difficult socio-economic conditions:

- In case of premature retirement due to reduced working ability: for each year of retirement before the prescribed age, the reduction is 2%. In case the retirement age has an odd period of up to 6 months, the reduction is 1%, from over 6 months, there is no percentage reduction due to premature retirement.

- In case of retirement before remaining age: Benefit rate remains the same.

(2) Teachers subject to downsizing:

- Teachers have a maximum age of 05 years lower than the maximum age and 02 years less than the prescribed retirement age and have paid compulsory social insurance for 20 years or more, including 15 years or more. working in areas with extremely difficult socio-economic conditions including working time in places with regional allowance coefficients of 0.7 or more before January 1, 2021 in addition to enjoying retirement benefits According to the provisions of law on social insurance, you are also entitled to the following benefits:

+ No pension rate deduction due to early retirement.

+ Receive a subsidy of 03 months' average salary for each year of retirement before the prescribed retirement age.

+ Receive a subsidy of 05 months' average salary for the first 20 years of work, with full payment of mandatory social insurance. From the 21st year onwards, for every year of work with compulsory social insurance payment, 1/2 month's salary is subsidized.

- Persons who are downsizing are 5 years younger than the maximum age and 2 years younger than the prescribed retirement age and have 20 years of compulsory social insurance or more, in addition to benefits. Retirement according to regulations is also entitled to the following benefits:

+ Receive a subsidy of 03 months' average salary for each year of retirement before the prescribed retirement age.

+ No pension rate deduction due to early retirement.

+ Receive a subsidy of 05 months' average salary for the first 20 years of work, with full payment of mandatory social insurance. From the 21st year onwards, for every year of work with compulsory social insurance payment, 1/2 month's salary is subsidized.

- Persons who are downsizing have a minimum age of 02 years lower than the prescribed retirement age and have had 20 years of compulsory social insurance or more, including 15 years of working in a conditional area. extremely difficult socio-economic conditions, including working time in a place with a regional allowance coefficient of 0.7 or more before January 1, 2021, then:

+ Enjoy retirement benefits according to the provisions of law on social insurance.

+ No pension rate deduction due to early retirement.

- Persons who are downsizing have a minimum age of 02 years lower than the prescribed retirement age and have paid compulsory social insurance for 20 years or more:

+ Enjoy retirement benefits;

+ No pension rate deduction due to early retirement.

(Article 5 of Decree 29/2023/ND-CP)