On February 22, 2021, the Ministry of Labor, Invalids and Social Affairs of Vietnam issued Official Dispatch 362/LDTBXH-BHXH on the implementation of Decree 135/2020/ND-CP of the Government .
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Vietnam: Ministry of Labour, Invalids and Social Affairs' responses to issues in Decree 135/2020/ND-CP on retirement age (Illustration).
The Ministry of Labor, War Invalids, and Social Affairs of Vietnam responded to Official Dispatch 252/BHXH-CSXH dated January 27, 2021, of Vietnam Social Insurance, requesting clarification of some problems in the implementation of Decree 135/2020/ND-CP, which stipulates the retirement age as follows:
(1) For male employees born in December 1960 and female employees born in December 1965 working under normal working conditions; (2) for male employees born in December 1965 and female employees born in December 1970 with a full 15 years of experience in heavy, hazardous, or dangerous occupations or jobs, or particularly heavy, hazardous, or dangerous jobs on the list of items issued by the Ministry of Labor, War Invalids, and Social Affairs; or having worked for 15 years on the list of items issued by the Ministry of Labor, War Invalids, and Social Affairs
In the event the employee continues to work after reaching the prescribed retirement age, the time of retirement is the time of termination of the labor contract.
(2) The determination of the age milestone for calculating the number of years of early retirement as the basis for calculating the reduction in the pension enjoyment rate specified in Clause 3, Article 56 of the Law on Social Insurance shall comply with the provisions of Clause 3, Article 7 of Decree 135/2020/NDCP. In which they shall determine the age milestone according to the retirement age specified in Clause 2, Article 4 and Clause 2, Article 5 of Decree 135/2020/ND-CP based on the time of retirement before the employee's age.
(3) The determination of the number of years of paying social insurance premiums corresponding to the pension enjoyment rate equal to 45% is based on the time when employees start enjoying the monthly pension.
(4) The determination of "sufficient pension age" to serve as a basis for consideration and settlement of lump-sum social insurance benefits according to Point a, Clause 1, Article 60 and Point a, Clause 1, Article 77 of the Law on Social Insurance based on the retirement age at the year of the employee's request for settlement of one-time social insurance benefits.
(5) The settlement of monthly pension and monthly allowance for employees who have decided to retire for the purpose of settling the monthly pension and allowance regime, in accordance with the provisions of Article 25 of Decree 115/2015/ND-CP outlining a number of articles of the Law on Social Insurance pertaining to compulsory social insurance.
(6) Regarding the content of recommendations related to Decree 26/2015/ND-CP stipulating regimes and policies for cadres who are not eligible for re-election or re-appointment to hold positions and titles according to the term in office of the Communist Party of Vietnam, the State, and socio-political organizations; request Vietnam Social Insurance to consult with the Ministry of Home Affairs and the Central Organizing Committee for consideration based on their competiveness.
More details can be found in Vietnam's Official Dispatch 362/LDTBXH-BHXH issued on 22/02/2021.
