Increasing the retirement age of employees in 2022? Conditions for receiving retirement pension under the latest regulations?
Will the employee's retirement age be increased in 2022?
Pursuant to the provisions of Article 169 of the Labor Code 2019 of Vietnam, the retirement age of employees is specified as follows:
Retirement ages
1. An employee who has paid social insurance for an adequate period of time as prescribed by social insurance laws shall receive retirement pension when he/she reaches the retirement age.
2. Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females in 2035.
From 2021, the retirement ages of employees in normal working conditions shall be 60 years 03 months for males and 55 years 04 months for females, and shall increase by 03 months for males and 04 months for females after every year.
3. The retirement ages of employees who suffer from work capacity reduction; doing laborious, toxic or dangerous works; working in highly disadvantaged areas may be younger by up to 05 years than the retirement ages specified in Clause 2 of this Article, unless otherwise prescribed by law.
4. Retirement ages of skilled employees and employees in certain special cases may be older by up to 05 years than the retirement ages specified in Clause 2 of this Article, unless otherwise prescribed by law.
5. The Government shall elaborate this Article.
According to the above regulations, the retirement age in 2022 of employees under normal working conditions is determined as follows:
- Female employees: 55 years 07 months.
- Male employees: 60 years 06 months.
Compared to 2021, in 2022, the retirement age will increase by 03 months for male employees and 04 months for female employees.
Increasing the retirement age of employees in 2022? Conditions for receiving retirement pension under the latest regulations?
What conditions must be met to receive retirement pension in 2022?
Pursuant to the provisions of Article 54 of the Law on Social Insurance 2014 of Vietnam (this is amended by point a, clause 1, Article 219 of the Labor Code 2019 of Vietnam) on the conditions for receiving retirement pension as follows:
(1) An employee mentioned in Points a, b, c, d, g, h and i Clause 1 Article 2 of this Law, except for the cases specified in Clause 3 of this, will receive retirement pension if he/she has paid social insurance for at least 20 years and:
- He/she has reached the retirement age specified in Clause 2 Article 169 of the Labor Code;
- He/she has reached the retirement age specified in Clause 3 Article 169 of the Labor Code and has at least 15 years’ doing the laborious, toxic or dangerous works or highly laborious, toxic or dangerous works on the lists of the Ministry of Labor, War Invalids and Social Affairs; or has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region factor of at least 0,7 before January 01, 2021;
- His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 10 years and he/she has worked in coal mines for at least 15 years; or
- He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.
(2) An employee mentioned in Points dd and e Clause 1 Article 2 of this Law will receive retirement pension if he/she has paid social insurance for at least 20 years and:
- His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 05 years, unless otherwise prescribed by the Law on Military Officer of Vietnam’s Army, the Law of People’s Police, the Law on Cipher and the Law on professional servicemen and women, national defense workers and officials;
- His/her age is younger than the retirement age specified in Clause 3 Article 169 of the Labor Code by up to 05 years and he/she has at least 15 years’ doing the laborious, toxic or dangerous works or highly laborious, toxic or dangerous works on the lists of the Ministry of Labor, War Invalids and Social Affairs; or has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region factor of at least 0,7 before January 01, 2021; or
- He/she contracted HIV due to an occupation accident during performance of his/her assigned duty.
(3) A female employee that is a commune official or a part-time worker at the commune authority and has paid social insurance for 15 to under 20 years and reaches the retirement age specified in Clause 2 Article 169 of the Labor Code will receive the retirement pension.
(4) The Government shall provide for special cases of retirement age.
Thus, employees need to meet the above conditions to receive retirement pension.
What are the regulations on conditions for receiving retirement pension in case of work capacity reduction?
As for the regulations on conditions for receiving retirement pension in case of work capacity reduction, Article 55 of the Law on Social Insurance 2014 (this is amended by point b, Clause 1, Article 219 of the Labor Code 2019 of Vietnam) specifically as follows:
Conditions for receiving retirement pension in case of work capacity reduction
(1) When an employee mentioned in Points a, b, c, d, g, h and i Clause 1 Article 2 of this Law resigns after having paid social insurance for at least 20 years will receive a lower retirement pension than the rate specified in Points a, b, c Clause 1 Article 54 of this Law if:
- His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 05 years and he/she suffers from 61% to under 81% work capacity reduction;
- His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 10 years and he/she suffers from at least 81% work capacity reduction; or
- He/she has at least 15 years’ doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations on the lists of the Minister of Labor, War Invalids and Social Affairs and suffers from at least 61% work capacity reduction.
(2) When an employee mentioned in Points dd and e Clause 1 Article 2 of this Law resigns after having paid social insurance for at least 20 years and suffers from at least 61% work capacity reduction will receive a lower retirement pension than the rate specified in Points a and b Clause 2 Article 54 of this Law if:
- His/her age is younger than the retirement age specified in Clause 2 Article 169 of the Labor Code by up to 10 years;
- He/she has at least 15 years’ doing highly laborious, toxic and dangerous occupations on the lists of the Minister of Labor, War Invalids and Social Affairs.
Thus, for employees with work capacity reduction, they need to meet the above conditions to receive retirement pension.
Here is some of the information we provide to you. Best regards!
LawNet
