Subjects Permitted to Work Beyond Retirement Age

According to the provisions of Article 187 of the Labor Code 2012, the retirement age for male workers is 60 years and for female workers is 55 years. However, in some cases due to the nature of the job, it is possible to continue working beyond the retirement age. These cases are stipulated in Circular 19/2001/TT-BTCCBCP and Decree 53/2015/ND-CP.

To be specific:

In Section I of Circular 19/2001/TT-BTCCBCP, the provisions specify the categories of officials who are considered for an extension of their working time upon reaching the retirement age, which include:

- Those who directly engage in research activities at central agencies of the Communist Party and the State, appointed and salaried according to the high-level specialist salary scale stipulated in Decree 25/C;- Those holding a Doctor of Science degree; those with the titles of Professor and Associate Professor who are directly engaged in research and teaching in their fields at the National Center for Natural Sciences and Technology, the National Center for Social Sciences and Humanities, Institutes, Academies, and Universities;- Those who are directly working with high productivity and effectiveness in their specific fields such as healthcare, education and training, science and technology, culture, and art, possessing high professional qualifications and prestige among their colleagues, and are evaluated and recommended by the Scientific Council of the Ministry, the equivalent central-level agency, the agency under the Government of Vietnam, or the People’s Committee of the province or centrally governed city, and agreed upon by the collective leadership of the competent managing body of officials.

Besides the above provisions, female officials holding the following titles and positions, when eligible, are still allowed to retire at a higher age as stipulated in Decree 53/2015/ND-CP:

- Deputy Heads of central committees of the Communist Party; Deputy Chief of the Office of the Central Party Committee; Deputy Chief Inspectors of the Central Inspection Committee of the Communist Party; Deputy Heads of the Northwest, Central Highlands, and Southwest Steering Committees;- Deputy Chief of the Office of the President; Deputy Chief of the Office of the National Assembly;- Vice-Chairperson of the Ethnic Council of the National Assembly; Special Deputy Chairpersons of the Committees of the National Assembly;- Deputy Ministers; deputy heads of ministerial-level agencies; heads of agencies under the Government of Vietnam;- Special Vice-Chairperson of the Central Committee of the Vietnam Fatherland Front; deputy heads of central political-social organizations;- Deputy Director of the Ho Chi Minh National Political Academy; Deputy Editors-in-Chief of Nhan Dan Newspaper, Deputy Editors-in-Chief of Communist Review; Director of the National Political Publishing House - Truth;- Officers in the armed forces with the rank of general;- Deputy Secretaries of provincial and city Party Committees; Presidents of the People’s Councils, Presidents of the People’s Committees of centrally governed cities;- Vice-Chairpersons of the People’s Councils, Vice-Chairpersons of the People’s Committees of Hanoi and Ho Chi Minh City;- Members of the Standing Committee cum Heads of Party committees of Hanoi and Ho Chi Minh City Party Committees.

Also, in Decree 53/2015/ND-CP, individuals appointed to the positions of Judges of the Supreme People’s Court and Procurators of the Supreme People's Procuracy are allowed to extend their working time upon reaching the retirement age.

The maximum extension of working time for those who retire at a higher age is 5 years but should not exceed 60 years of age. For Judges of the Supreme People’s Court and Procurators of the Supreme People’s Procuracy, the maximum working age for males is 65 years.

- Doan Trinh -

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