Which employees are eligible for retirement in Vietnam in November and December 2024?

Which employees are eligible for retirement in Vietnam in November and December 2024?

Based on Article 169 of the Labor Code 2019 stipulating the retirement age:

Article 169. Retirement age

1. Employees who meet the requirements for the period of social insurance contributions as prescribed by the law on social insurance are entitled to a pension when they reach retirement age.

2. The retirement age for 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.

From 2021, the retirement age for employees in normal working conditions is 60 years and 3 months for male employees and 55 years and 4 months for female employees; thereafter, each year the age increases by 3 months for male employees and 4 months for female employees.

3. Employees with decreased working capacity; those working in particularly heavy, hazardous, or dangerous occupations; or those working in areas with extremely difficult socio-economic conditions can retire at a lower age but no more than 5 years earlier than prescribed in Clause 2 of this Article at the time of retirement, unless otherwise stipulated by law.

4. Employees with high professional and technical skills and some special cases may retire at an older age but not more than 5 years older than stipulated in Clause 2 of this Article at the time of retirement, unless otherwise stipulated by law.

5. The Government of Vietnam stipulates in detail this Article.

According to the above regulations, excluding cases of early retirement or retirement at an older age, those eligible for retirement in the months of November and December at the end of 2024 include:

- Female employees born in June and July 1968

- Male employees born in October and November 1963

(as guided in Appendix 1 issued together with Decree 135/2020/ND-CP)

Note: The schedule for increasing retirement age each year, as mentioned, only applies until the retirement age reaches 62 years for male employees in 2028 and 60 years for female employees in 2035.

Which employees are eligible for retirement in Vietnam in November and December 2024?​ (Image from the Internet)

Latest retirement age reference table for 2024 for employees in Vietnam

Based on Clause 2, Article 5 of Decree 135/2020/ND-CP stipulating the reference table for retirement age by birth year:

[1] For male employees

[2] For female employees

Note: The above retirement ages apply under normal working conditions

Do employees in Vietnam have the right to unilaterally terminate their employment contracts without prior notice upon reaching retirement age?

Based on Clause 2, Article 35 of the Labor Code 2019 stipulating the right of employees to unilaterally terminate labor contracts:

Article 35. Right of employees to unilaterally terminate labor contracts

[...]

2. Employees have the right to unilaterally terminate labor contracts without notice in the following cases:

a) Not being assigned according to the agreed work or workplace, or not being ensured the agreed working conditions, except in cases stipulated in Article 29 of this Code;

b) Not being paid the full salary or being paid late, except in cases stipulated in Clause 4, Article 97 of this Code;

c) Being abused, beaten, or having speech, behaviors that insult, or affect health, dignity, or honor; being coerced into labor;

d) Being sexually harassed at the workplace;

e) Reaching retirement age as prescribed in Article 169 of this Code, unless otherwise agreed by the parties;

g) The employer provides untruthful information as stipulated in Clause 1, Article 16 of this Code, affecting the implementation of the labor contract.

According to the above regulations, employees have the right to unilaterally terminate labor contracts without notice upon reaching the prescribed retirement age, unless otherwise agreed by the parties.