Retirement tine for public employees in 2024 in Vietnam

Retirement tine for public employees in 2024 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Retirement tine for public employees in 2024 in Vietnam

The retirement time of public employees is specified in Article 59 of Decree 115/2020/ND-CP as follows:

- Retirement time is the 1st day of the month immediately following the month in which the employee reaches the prescribed retirement age.

- Retirement time is deferred when one of the following cases occurs:

+ No more than 01 month in one of the following cases: Retirement time coincides with the Lunar New Year holiday; public officials whose spouses, parents (spouses), and children have passed away or been declared missing by the Court; The officer himself and his family suffered damage due to natural disasters, enemy sabotage, or fire;

+ No more than 03 months in case of serious illness or accident with hospital confirmation;

+ No more than 06 months for cases being treated for diseases on the list of diseases requiring long-term treatment issued by the Ministry of Health, with confirmation from the hospital.

- If an employee's retirement date is deferred in multiple cases as prescribed above, this may only be done in one case with the largest retirement delay.

- The head of the agency or unit with authority to manage public employees decides to postpone the retirement date according to the above regulations.

- In case the public employee does not wish to postpone the retirement date according to the above regulations, the head of the agency or unit managing public employees shall decide to allow the public employee to retire on the 1st day of the month immediately following the month the public employee reaches retirement age according to regulations.

-Before 06 months until the time of retirement as prescribed in Clauses 1, 2, 3, and 4 of Article 59 of Decree 115/2020/ND-CP, agencies and units managing public employees must issue a written notice of the time of retirement so that the public employee knows and prepares a replacement.

Thus, unless the retirement date is postponed, the employee's retirement date is the 1st day of the month immediately following the month the employee reaches retirement age.

2. What is the retirement age of civil servants in 2024 in Vietnam?

Article 46 of the Law on Public Employees 2010 stipulates that public employees are entitled to the retirement regime under the labor law and social insurance law.

At the same time, Article 169 of the Labor Code 2019 stipulates the retirement age as follows:

- An employee who has paid social insurance for an adequate period of time as prescribed by social insurance laws shall receive retirement pension when he/she reaches the retirement age.

- Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females in 2035.

From 2021, the retirement ages of employees in normal working conditions shall be 60 yeas 03 months for males and 55 years 04 months for females, and shall increase by 03 months for males and 04 months for females after every year.

- 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 specified in Clause 2 of Article 169 of the Labor Code 2019, unless otherwise prescribed by law.

- Retirement ages of skilled employees and employees in certain special cases may be older by up to 05 years than the retirement ages specified in Clause 2 of Article 169 of the Labor Code 2019, unless otherwise prescribed by law.

Thus, according to the above roadmap, for public employees working under normal conditions, in 2024 the retirement age will increase by 3 months for men and 4 months for women. Specifically, men will be 61 years old and women will be 56 years and 4 months old.

Nguyen Ngoc Que Anh

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