Are employees allowed to retire at a lower age than the age prescribed by the law in Vietnam?
Are employees allowed to retire at a lower age than the age prescribed by the law in Vietnam?
Based on Article 169 of the Labor Code 2019, the retirement age is stipulated as follows:
Article 169. Retirement Age
- Employees who meet the conditions regarding the duration of paying social insurance premiums as prescribed by the law on social insurance are entitled to a pension when they reach the retirement age.
- The retirement age of employees in normal working conditions is adjusted according to a schedule until reaching 62 years of age for male employees in 2028 and 60 years for female employees in 2035.
From 2021, the retirement age for employees in normal working conditions is 60 years and 03 months for male employees and 55 years and 04 months for female employees; thereafter, each year increases by 03 months for male employees and 04 months for female employees.
- Employees who experience a reduction in working capacity; engage in especially heavy, toxic, and dangerous jobs; work in heavy, toxic, and dangerous jobs; work in areas with extremely difficult socio-economic conditions may retire at an age lower than that prescribed, but not more than 05 years younger than the regulation at Clause 2 of this Article at the time of retirement, unless otherwise prescribed by law.
[...]
According to the above regulation, from 2021, the retirement age for employees in normal working conditions is 60 years and 03 months for male employees and 55 years and 04 months for female employees; thereafter, each year increases by 03 months for male employees and 04 months for female employees.
The retirement age of employees in normal working conditions is adjusted according to a schedule until it reaches 62 years for male employees in 2028 and 60 years for female employees in 2035.
Meanwhile, employees who experience a reduction in working capacity; engage in especially heavy, toxic, and dangerous jobs; work in heavy, toxic, and dangerous jobs; work in areas with extremely difficult socio-economic conditions may retire at a lower age but not more than 05 years younger than the regulation in Vietnam.
Employees retiring in 2025 have the minimum retirement age of 56 years and 3 months for male employees and 51 years and 8 months for female employees (according to Article 5 of Decree 135/2020/ND-CP).
Are employees allowed to retire at a lower age than the age prescribed by the law in Vietnam? (Image from the Internet)
Do employees who reach the retirement age have the right to unilaterally terminate their employment contracts in Vietnam?
Based on Clause 2, Article 35 of the Labor Code 2019, stipulating the right to unilaterally terminate employment contracts by employees in Vietnam:
Article 35. Right to Unilaterally Terminate employment contracts of Employees
[...]
2. Employees have the right to unilaterally terminate their employment contracts without prior notice in the following cases:
a) Not assigned to the work, workplace, or not guaranteed working conditions as agreed, except for cases prescribed at Article 29 of this Code;
b) Not paid fully or on time, except for cases prescribed at Clause 4, Article 97 of this Code;
c) Abused, assaulted, or facing insulting words, behaviors affecting health, dignity, or honor by the employer; forced labor;
d) Subjected to sexual harassment at the workplace;
dd) Female employees are pregnant and must take leave as prescribed at Clause 1, Article 138 of this Code;
e) Eligible for retirement age as stipulated at Article 169 of this Code, except in cases where the parties have other agreements;
g) If the employer provides dishonest information as stipulated in Clause 1, Article 16 of this Code, affecting the execution of the labor contract.
According to the regulations, employees eligible for retirement age have the right to unilaterally terminate the labor contract without prior notice.
What are the rights and obligations of employees in Vietnam?
Based on Article 5 of the Labor Code 2019, the rights and obligations of employees are as follows:
[1] Employees have the following rights:
- Work; freely choose their work, workplace, profession, apprenticeship, and improve their professional qualifications; not be discriminated against, subjected to forced labor, or sexually harassed at the workplace.
- Receive wages appropriate to their qualifications and professional skills based on agreement with the employer; enjoy labor protection, work in conditions that ensure labor safety and hygiene; take leave as per policies, annual leave with pay, and enjoy collective welfare.
- Establish, join, and operate within organizations representing employees, professional organizations, and other organizations as prescribed by the law; request and participate in dialogues, implement democratic regulations, and collective bargaining with the employer and be consulted at the workplace to protect their legitimate and legal rights and interests; participate in management according to the internal regulations of the employer.
- Refuse work if there is a clear danger threatening life and health during work.
- Unilaterally terminate the labor contract.
- Strike.
- Other rights as prescribed by law.
[2] Employees have the following obligations:
- Fulfill employment contracts, collective labor agreements, and other legal agreements.
- Follow labor discipline, internal labor regulations; comply with the management, supervision, and direction of the employer.
- Comply with regulations of the law on labor, employment, vocational education, social insurance, health insurance, unemployment insurance, and labor safety and hygiene.
