May preschool teachers in Vietnam retire early at their own discretion?

May teachers in Vietnam retire early at their own discretion?

Under Article 169 of the Labor Code 2019 which stipulates the retirement age in Vietnam:

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 yeas 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.

Under the above regulations, the retirement age for preschool teachers as public employees in public educational institutions and preschool teachers as employees in normal working conditions is 61 for males and 56 years and 4 months for females. This means the retirement age is legally specified and cannot be reduced at will.

Thus, preschool teachers in Vietnam retire early at their own discretion.

May preschool teachers in Vietnam retire early at their own discretion? (Image from the Internet)

What is the retirement date of preschool teachers in Vietnam?

Under Clause 7 of Article 59 of Decree 115/2020/ND-CP, procedures for retirement in Vietnam are stipulated as follows:

Retirement Procedures

...

7. Provisions related to retirement decisions:

a) 3 months prior to the retirement date as prescribed in paragraphs 1, 2, 3, and 4 of this Article, the agency or unit managing the public employee must issue a retirement decision;

b) Based on the retirement decision as prescribed at point a of this item, the agency or unit managing the public employee cooperates with social insurance organizations to carry out procedures as prescribed for public employees to receive social insurance benefits upon retirement;

c) The public employee who is retiring has the responsibility to transfer files, documents, and ongoing work to the assigned successor at least 3 working days before the retirement date;

d) From the retirement date recorded in the retirement decision, the public employee will retire and enjoy social insurance benefits as prescribed.

Thus, 3 months prior to the retirement date, the agency or unit managing preschool teachers must issue a retirement decision.

From the retirement date noted in the retirement decision, preschool teachers retire and receive social insurance benefits as prescribed by law.

What are the benefits, policies, and management mechanisms for retired preschool teachers in Vietnam?

Under Article 60 of Decree 115/2020/ND-CP which stipulates the benefits, policies, and management mechanisms for retired public employees entering into service contracts with public service providers as follows:

Benefits, policies, and management mechanisms for retired public employees entering into service contracts with public service providers

1. Retired public employees entering into service contracts with public service providers, besides receiving a pension as per regulations, also receive additional remuneration as agreed in the signed contract.

2. The public service provider must ensure working conditions to support professional activities prescribed in the service contract, including the rights of public employees regarding professional activities as specified in paragraphs 1, 3, 4, 5, 6, and 7 of Article 11 of the Law on Public Employees.

3. The benefits and working hours for retired public employees are specifically regulated in the service contract signed with the public service provider.

Thus, retired public employees who sign contracts with public service providers receive additional remuneration besides their pension as agreed.

The public service provider must ensure working conditions to support professional activities prescribed in the service contract. Moreover, the benefits and working hours for retired public employees are specifically regulated in the service contract.