What is the retirement age of female employees in Vietnam in 2023? Who is eligible for retirement benefits?
What is the retirement age of female employees in Vietnam in 2023?
Pursuant to Article 4 of Decree No. 135/2020/ND-CP as follows:
The retirement age of female employees under ordinary working conditions is adjusted according to the roadmap until they reach 60 years of age in 2035.
From 2021, the retirement age of female employees in ordinary working conditions is 55 years and 04 months and increases by 4 months each successive year.
According to that, in 2023, the retirement age of female employees will be 56 years old (in case of working under ordinary working conditions).
In addition, according to Article 5 of Decree No. 135/2020/ND-CP, female employees can also retire at the age earlier than the retirement age under ordinary working conditions.
Specifically, female employees in the following cases may retire at the age earlier but not exceeding 5 years before the statutory retirement age, unless otherwise provided for by law:
- 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.
- 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.
- Her work capacity reduction is at least 61%.
- She has at least total 15 years’ doing the occupations specified in point a and working in the areas specified in point b.
The minimum retirement age of female employees as prescribed above is specified in the table below:
Retirement year | Minimum retirement age | Retirement year | Minimum retirement age |
2021 | 50 years 4 months | 2029 | 53 years |
2022 | 50 years 8 months | 2030 | 53 years 4 months |
2023 | 51 years | 2031 | 53 years 8 months |
2024 | 51 years 4 months | 2032 | 54 years |
2025 | 51 years 8 months | 2033 | 54 years 4 months |
2026 | 52 years | 2034 | 54 years 8 months |
2027 | 52 years 4 months | From 2035 onwards | 55 years |
2028 | 52 years 8 months |
Thus, the retirement age of female employees who retire at an age erlier than the retirement age under ordinary working conditions as prescribed above is 51 years in 2023.
What is the retirement age of female employees in Vietnam in 2023? Who is eligible for retirement benefits?
Who is eligible for retirement benefits in Vietnam?
Pursuant to Article 53 of the 2014 Law on Social Insurance in Vietnam, the following subjects are entitled to the retirement benefits when participating in compulsory social insurance as follows:
Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:
- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Persons working under labor contracts with a term of between full 1 month and under 3 months;
- Cadres, civil servants and public employees;
- Defense employees, public security employees and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
- Vietnamese guest employees defined in the Law on Vietnamese Guest Employees;
- Salaried managers of enterprises and cooperatives;
- Part-time staffs in communes, wards and townships.
Pursuant to Article 72 of the 2014 Law on Social Insurance in Vietnam stipulating on subjects to apply the retirement benefits when participating in voluntary social insurance as follows:
Coverage of the retirement benefits in Vietnam
The retirement benefits for voluntary social insurance participants covers employees defined in Clause 4, Article 2 of this Law.
Clause 4, Article 2 of the 2014 Law on Social Insurance in Vietnam provides as follows:
Subjects of application
...
4. Persons covered by voluntary social insurance are Vietnamese citizens aged full 15 years or older and not defined in Clause 1 of this Article.
Thus, the beneficiaries of the retirement benefits when participating in voluntary social insurance will be Vietnamese citizens aged full 15 years or older and do not fall into the following cases:
- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;
- Persons working under labor contracts with a term of between full 1 month and under 3 months;
- Cadres, civil servants and public employees;
- Defense employees, public security employees and persons doing other jobs in cipher organizations;
- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;
- Non-commissioned officers and soldiers of the people’s army; non- commissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
- Vietnamese guest employees defined in the Law on Vietnamese Guest Employees;
- Salaried managers of enterprises and cooperatives;
- Part-time staffs in communes, wards and townships.
When is the start date for retirement benefits in Vietnam?
Pursuant to Clause 2, Article 3 of Decree No. 135/2020/ND-CP stipulating as follows:
Retirement date and start date for retirement benefits
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 of 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.
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