On August 7th 2015, my mother received a decision to resign. She was 55 years old but had not participated in social security for full 20 years. Pursuant to Article 38 of Decree No. 29/2012 / ND-CP, Chau Doc’s Education Office declared that my mother was not entitled to a severance allowance because she did not submit a resignation letter. So, was the Education Office right when they let my mother resign without a resignation letter? Should my mother get a severance allowance?
The Department of Home Affairs of An Giang province responds to this problem as follows:
Pursuant to Article 187 of the Labor Code on retirement age:
“An employee who meets the conditions on the period of payment of social insurance stipulated by the law on social insurance is entitled to a pension when reaching full 60 years of age, for males, or full 55 years of age, for females.”
Your mother was 55 years old (the age of retirement as prescribed) so the retirement procedures your mother’s agency carried out for her is in accordance with the provisions of the Labor Code and the Civil Servant Law.
Point 1 of Official Letter No. 2806 / BNV-CCVC dated 29/6/2015 of the Ministry of Home Affairs guiding the settlement of professional work as follows: "Civil servants who have reached the retirement age under Article 187 of The Labor Code shall be entitled to resign and receive the salary in accordance with Article 54 of the Law on Social Insurance or receive social insurance lump-sum in accordance with Article 60 of the Law on Social Insurance and shall not be subject to the severance allowance under Decree No. 46/2010/ND-CP of the Government dated 27/4/2010 on job discontinuation and retirement procedures applicable to civil servants and Decree No. 29/2012/ND-CP of the Government dated 12/4/2012 on recruitment, employment and management of public employees.
Therefore, your mother is not subject to the severance allowance under Decree No. 29/2012 / ND-CP.
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