Determining the Retirement Time and Pension when the Employee's Date of Birth is Not Available

Based on the provisions of Article 3 of Decree 135/2020/ND-CP (effective from January 1, 2021), the retirement time and pension entitlement of employees are determined as follows:

- The retirement time is the end of the last day of the month when the employee reaches the retirement age as prescribed.

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

- The pension entitlement time is the beginning of the first day of the month following the retirement time.

- For cases where the employee's records do not determine the date and month of birth as you mentioned, but only the year of birth, then January 01 of the birth year is taken as the basis to determine the retirement time and the pension entitlement time.

You shall base your determination on the above provisions.

Respectfully!