What is the retirement age of male employees in Vietnam in 2023? When is the start date for retirement benefits in Vietnam?

I would like to ask what the retirement age of male employees in Vietnam in 2023 is. - Question from Ms. Ngoc Tuyet (Vung Tau)

What is the retirement age of male employees in Vietnam in 2023?

Pursuant to Clause 2, Article 169 of the 2019 Labor Code of Vietnam stipulating as follows:

Retirement Ages
...
2. Retirement ages of employees in ordinary 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 ordinary 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.

At the same time, based on Clause 2, Article 4 of Decree 135/2020/ND-CP guiding the determination of retirement age under ordinary working conditions, the roadmap to adjust the retirement ages of male employees is as follows:

Retirement year

Retirement Age

2021

60 years 3 months

2022

60 years and 6 months

2023

60 years 9 months

2024

61 years

2025

61 years 3 months

2026

61 years 6 months

2027

61 years 9 months

From 2028

62 years

Thus, if working under ordinary conditions, male employees will reach retirement age when they reach 60 years and 9 months in 2023.

More specifically, in 2023, male employees working in ordinary conditions born in the following months will reach retirement age at the corresponding time as follows:

What is the retirement age of male employees in Vietnam in 2023? When is the start date for retirement benefits in Vietnam?

What is the retirement age of male employees in Vietnam in 2023? When is the start date for retirement benefits in Vietnam?

In what cases can male employees retire at an age lower than the retirement age under ordinary working conditions?

Pursuant to Clause 1, Article 5 of Decree 135/2020/ND-CP stipulating as follows:

Early retirement (before the retirement age under ordinary working conditions)
Early retirement (before the retirement age under ordinary working conditions) as prescribed in clause 3 Article 169 of the Labor Code is specified as follows:
1. An employee, in any of the following circumstances, may retire at the age earlier but not exceeding 5 years before the statutory retirement age provided for in Article 4 hereof, determined until the retirement date, unless otherwise prescribed by law:
a) 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.
b) He/she has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 01, 2021 on the list of the Minister of Labor, War Invalids and Social Affairs.
c) His/her work capacity reduction is at least 61%.
d) He/she has at least total 15 years’ doing the occupations specified in point a and working in the areas specified in point b.

Thus, under ordinary working conditions, male employees who are entitled to retire at a younger age include the following cases:

- He 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.

- He has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region-based allowance of at least 0.7 before January 01, 2021 on the list of the Minister of Labor, War Invalids and Social Affairs.

- His work capacity reduction is at least 61%.

- He has at least total 15 years’ doing the occupations specified in point a, Article 5 of Decree 135/2020/ND-CP and working in the areas specified in point b Article 5 of Decree 135/2020/ND-CP.

When is the start date for retirement benefits in Vietnam?

Pursuant to Clause 2, Article 3 of Decree 135/2020/ND-CP stipulating as follows:

Retirement date and start date for retirement benefits in Vietnam
1. Retirement date is the last day of the month in which one reaches the full retirement age as prescribed.
If an employee continues in employment after his full retirement age as prescribed, the retirement date is the date of termination of employment.
2. The start date for retirement benefits is the first day of the month following the month of the retirement date.
3. If the employee's dossier does not indicate his day and month of birth, but year of birth only, January 1 of his year of birth shall be used as the basis for determining the retirement date and start date for retirement benefits.

Thus, according to the above regulations, the start date for retirement benefits is the first day of the month following the month of the retirement date.

LawNet

Legal Grounds
The latest legal advice
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}