From 2021, many policies on early retirement of Vietnam will change compared to current regulations. Accordingly, officials, public employees and employees who take early retirement will still receive the full salary if they fall into the 05 cases below.
Article table of contents
According to Article 7 of the Decree No. 135/2020/NĐ-CP of Vietnam’s Government, from January 01, 2021, regulations on retirement benefits associated with pension age requirement provided for in Articles 54, 55, clause 1 Article 73 of the Law on Social Insurance 2014 shall be done in accordance with regulations on retirement age and pension age requirement in Article 169, clause 1 Article 219 of the Labor Code 2019 of Vietnam and this Decree.
Thus, in 2021, officials, public employees and employees are entitled to early retirement but still receive their full salary if they fall into the following 05 cases:
First: Employees who are full 55 years and 03 months, for men, or full 50 years and 04 months, for women (after 2021, increase by 03 months for males and 04 months for females after every year), and having full 15 years doing heavy, hazardous or dangerous occupations or jobs or extremely heavy, hazardous or dangerous occupations or jobs on the list jointly issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or having full 15 years working in areas with a region-based allowance coefficient of 0.7 or higher before January 01, 2021; (according to provisions of Point b Clause 1 Article 54 of the Law on Social Insurance 2014, amended by Article 219 of the Labor Code 2019 of Vietnam and provisions of the Decree No. 135/2020/NĐ-CP).
Second: Employees who is younger than the retirement age, which are full 60 years and 03 months, for men, or full 55 years and 04 months, for women (after 2021, increase by 03 months for males and 04 months for females after every year), and having full 15 years working in coal mines; (according to provisions of Point c Clause 1 Article 54 of the Law on Social Insurance 2014, amended by Article 219 of the Labor Code 2019 of Vietnam and provisions of the Decree No. 135/2020/NĐ-CP).
Third: Employees who have contracted HIV due to an occupation accident during performance of his/her assigned duty; (according to provisions of Point d Clause 1 Article 54 of the Law on Social Insurance 2014, amended by Article 219 of the Labor Code 2019 of Vietnam and provisions of the Decree No. 135/2020/NĐ-CP).
Fourth: Displaced officials and public employees being 50 years old to 55 years old (for men) and 45 years old to 50 years old (for women), paying social insurance premiums for at least 20 years and working in heavy, dangerous or hazardous industries on the list jointly released by the Ministry of Labor, War Invalids and Social Affairs and Ministry of Health for at least 15 years; or working for in areas having region-based allowances of at least 0.7 for at least 15 years; (according to Clauses 1 and 3 Article 8 of the Decree No. 108/2014/NĐ-CP of Vietnam’s Government, applicable until the end of December 31, 2021).
Fifth: Displaced officials and public employees being 55 years old to 60 years old (for men) and 50 years old to 55 years old (for women), paying social insurance premiums for at least 20 years. (according to Clauses 1 and 3 Article 8 of the Decree No. 108/2014/NĐ-CP of Vietnam’s Government, applicable until the end of December 31, 2021).
Thus, in 2021, officials, public employees and employees who are entitled to early retirement of the 05 cases above will not be deducted 2% of their pension due to early retirement for each year. However, it should be noted that displaced officials and public employees who take early retirement are only entitled to their full pension and other benefits from January 01, 2021 to the end of December 31, 2021. Therefore, from 2022 onward, there will be only 03 cases of early retirement to enjoy full salary until new regulations are issued.
Ty Na
- Key word:
- Decree No. 135/2020/NĐ-CP
- early retirement
