Determining the Retirement Time of Public School Teachers in Vietnam

Determining the Retirement Time of Public School Teachers in Vietnam

Based on Article 46 of the Law on Public Employees 2010, the retirement of teachers is as follows:

Retirement regime

1. Public employees are entitled to pensions according to the provisions of labor law and social insurance law.

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Based on Article 3 of Decree 135/2020/ND-CP, the retirement time and pension time of teachers are as follows:

Retirement time and pension time

1. The retirement time is the end of the last day of the month when the retirement age is reached as prescribed.

For employees who continue to work after reaching the retirement age as prescribed, the retirement time is the termination time of the labor contract.

2. The time to enjoy the pension is from the first day of the month following the retirement time.

3. In cases where the employee's documents do not specify the date and month of birth but only the year of birth, the retirement time and the pension time are determined based on January 01 of the birth year.

Thus, the retirement time of public school teachers is the end of the last day of the month when the retirement age is reached as prescribed.

Determining the Retirement Time of Public School Teachers in Vietnam (Image from Internet)

What is the retirement age for public school teachers in Vietnam?

Based on Article 169 of the Labor Code 2019, the retirement age is as follows:

Retirement age

1. Employees who meet the conditions regarding the period of social insurance contribution as per the provisions of social insurance laws are entitled to a pension upon reaching the retirement age.

2. The retirement age of employees in normal working conditions will be adjusted progressively until reaching 62 years old for men in 2028 and 60 years old for women in 2035.

From 2021, the retirement age of employees in normal working conditions is 60 years and 03 months for men and 55 years and 04 months for women; then, an additional 03 months for men and 04 months for women will be added each year.

3. Employees with reduced working capacity; those working in extremely arduous, toxic, hazardous jobs; those working in arduous, toxic, hazardous environments; those working in areas with extremely difficult socio-economic conditions may retire at an age lower but not more than 05 years younger than the age prescribed in Item 2 of this Article at the retirement time, unless otherwise stipulated by law.

4. Employees with high professional and technical qualifications and other special cases may retire at an age higher but not more than 05 years older than the age prescribed in Item 2 of this Article at the retirement time, unless otherwise stipulated by law.

5. The Government of Vietnam stipulates the details of this Article.

The retirement age of public school teachers will be adjusted progressively until reaching 62 years old for men in 2028 and 60 years old for women in 2035.

To be specific, from 2021, the retirement age of public school teachers in normal working conditions is 60 years and 03 months for men and 55 years and 04 months for women.

Subsequently, each year the retirement age of male public school teachers increases by 03 months and for female teachers by 04 months.

Thus, the retirement age of public school teachers in 2024 in normal working conditions changes as follows:

Male teachers: From 61 years old.

Female teachers: From 56 years and 4 months.

Additionally, public school teachers can retire at a lower age but not more than 05 years if they are subject to a working capacity reduction of 81% or more; or work in areas with extremely difficult socio-economic conditions.

What documents are required for public school teachers in Vietnam to receive a pension?

Based on Article 108 of the Social Insurance Law 2014, the pension documents are as follows:

Pension documents

1. Pension documents for employees who are participating in compulsory social insurance include:

a) Social insurance book;

b) Decision on retirement to enjoy the pension or the document terminating the labor contract to enjoy the pension;

c) Medical assessment certificate of the Medical Assessment Council regarding the reduction of working capacity for retirees as per the provisions of Article 55 of this Law, or certificate of HIV/AIDS infection due to occupational accidents for employees as prescribed in Article 54 of this Law.

2. Pension documents for employees participating in voluntary social insurance, and those preserving their social insurance period which includes those serving prison terms include:

a) Social insurance book;

b) Application for a pension;

c) Authorization letter for pension processing and pension receipt for those serving prison terms;

d) Document from competent state authority regarding legal resettlement for those who illegally emigrated;

dd) Valid court judgment annulling the declaration of disappearance for those reappearing after being declared missing.

Thus, the pension documents for public school teachers include:

- Social insurance book;

- Decision on retirement to enjoy the pension or document terminating the labor contract to enjoy the pension;

- Medical assessment certificate regarding the reduction of working capacity of the Medical Assessment Council for retirees as per the provisions of Article 55 of the Social Insurance Law 2014 or a certificate of HIV/AIDS infection due to occupational accidents for employees as prescribed in Article 54 of the Social Insurance Law 2014.