Vietnam: What is the retirement age of teachers?

In 2024, what is the retirement age of teachers in Vietnam?

Under current regulations, teachers are divided into 02 groups: Employees working under employment contracts and public employees under employment contracts.

- For teachers who are employees, the retirement age is determined according to the provisions of the Labor Code 2019.

- For teachers who are public employees, the retirement age is determined according to Clause 1, Article 46 of the Public Employees Law 2010.

Under Article 169 of the Labor Code 2019, the retirement age for employees is regulated 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 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.

Thus, under normal working conditions, starting from 2021, the retirement age for male teachers is 60 years and 03 months and for female teachers is 55 years and 04 months.

From 2021, each year the retirement age for male teachers increases by 03 months and for female teachers by 04 months.

Example: If a female teacher retires in 2024, the retirement age is 56 years and 4 months.

In addition, according to some cases mentioned in Clauses 3 and 4 of Article 169 Labor Code 2019, teachers may retire at a lower or higher age compared to the retirement age in normal working conditions.

What is the retirement age of teachers in Vietnam? (Image from the Internet)

What are the cases of early retirement of teachers in Vietnam?

Under the provisions of Clause 3, Article 169, Labor Code 2019 and Article 5 Decree 135/2020/ND-CP, except as otherwise provided by law, a teacher, in any of the following circumstances, may retire at the age earlier but not exceeding 5 years before the statutory retirement age, determined until the retirement date:

- 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.

- 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.

- His/her work capacity reduction is at least 61%.

- He/she has at least total 15 years’ doing the occupations specified in point a and working in the areas specified in point b, Clause 1, Article 5 of Decree 135/2020/ND-CP.

The lowest retirement age for teachers is determined specifically according to Clause 2, Article 5 of Decree 135/2020/ND-CP.

For female teachers:

For male teachers:

What are the retirement date and start date for retirement benefits for teachers in Vietnam?

Under Article 3 of Decree 135/2020/ND-CP:

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, the retirement date for teachers is the last day of the month in which one reaches the full retirement age as prescribed.

The start date for retirement benefits is the first day of the month following the month of the retirement date.