On the basis of the Labor Code 2019, the Government of Vietnam promulgated Decree 135/2020/ND-CP regulating retirement age, which will officially take effect from January 01, 2021.
Article table of contents
There have been regulations on early retirement for workers since 2021 (Illustration)
According to the provisions of Clause 3, Article 169 of the Labor Code 2019, the retirement ages of employees who suffer from work capacity reduction; doing laborious, toxic or dangerous works; working in highly disadvantaged areas may be younger by up to 05 years than the retirement ages of employees in normal working conditions.
Therefore, according to Article 5 of Decree 135/2020/ND-CP, an employee, in any of the following circumstances, may retire at the age earlier but not exceeding 5 years before the statutory retirement age of employees in normal working conditions, determined until the retirement date, unless otherwise prescribed by law:
First: He/she has at least 15 years’ doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations on the lists of the Minister of Labor, War Invalids and Social Affairs.
Second: He/she has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 01, 2021 on the list of the Minister of Labor, War Invalids and Social Affairs. (Note: The Minister of Labor, Invalids, and Social Affairs issues the list of areas with exceptionally difficult socio-economic conditions)
Third: His/her work capacity reduction is at least 61%.
Fourth: He/she has at least total 15 years’ doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations on the lists of the Minister of Labor, War Invalids and Social Affairs and working in highly disadvantaged areas, including the period he/she works in areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 01, 2021 on the list of the Minister of Labor, War Invalids and Social Affairs.
Thus, based on the above provisions, employees are allowed to retire before the retirement age if they fall into the above 04 cases. The lowest retirement ages of employees are specified as follows:
|
Male employees |
Female employees |
||
|
Retirement year |
Lowest retirement age |
Retirement year |
Lowest retirement age |
|
2021 |
55 years 3 months |
2021 |
50 years 4 months |
|
2022 |
55 years 6 months |
2022 |
50 years 8 months |
|
2023 |
55 years 9 months |
2023 |
51 years |
|
2024 |
56 years |
2024 |
51 years 4 months |
|
2025 |
56 years 3 months |
2025 |
51 years 8 months |
|
2026 |
56 years 6 months |
2026 |
52 years |
|
2027 |
56 years 9 months |
2027 |
52 years 4 months |
|
From 2028 |
57 years |
2028 |
52 years 8 months |
|
|
|
2029 |
53 years |
|
|
|
2030 |
53 years 4 months |
|
|
|
2031 |
53 years 8 months |
|
|
|
2032 |
54 years |
|
|
|
2033 |
54 years 4 months |
|
|
|
2034 |
54 years 8 months |
|
|
|
From 2035 |
55 years |
In addition, customers and members can refer to Appendix II issued together with Decree 135/2020/ND-CP to compare the month and year of birth of employees in cases of retirement at an age lower than the retirement age under normal labor conditions.
>>> View more: Detailed roadmap for increasing the retirement age for workers year by year
Ty Na
