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Prime Minister Nguyen Xuan Phuc signed to promulgate Decree 135/2020 / ND-CP on the retirement age.
Consequently, the retirement age of the employee under normal working conditions under clause 2, article 169 of the Labor Code is specified below:
As of January 1, 2021, the employee’s retirement age under normal working conditions is 60 years and 3 full months for male employees and 55 years and 4 full months for female employees; Thereafter, each year an increase of 3 months for male workers until they reach 62 years of age in 2028 and an additional 4 months for female workers each year until they reach 60 years of age in 2035.
The retirement age is lower than the retirement age of the employee under normal working conditions in accordance with clause 3 of article 169 of the Labor Code.
Specifically, employees in the following cases may retire at a lower age but not more than 5 years than the retirement age at the time of retirement, unless the law provides otherwise:
+ Employees who have at least 15 years of work in heavy, dangerous or dangerous occupations or jobs or that are extremely heavy, dangerous or dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs (first).
+ Employees who have worked for 15 years or more in regions with extremely difficult socioeconomic conditions, including previous working time in the area with the regional allocation coefficient of 0.7 or higher. January 1, 2021 (2).
The Minister of Labor, War Invalids and Social Affairs promulgates a list of regions with extremely difficult socio-economic conditions.
+ The employee has a decrease in work capacity of 61% or more.
+ The employee has the total working time defined in (1) and the working time in the area specified in (2) of 15 years or more.
Retire at an age higher than the employee’s retirement age under normal working conditions pursuant to Clause 4, Article 169 of the Labor Code.
+ The employee can retire at an older age if he agrees with the employer to continue working after retirement age (3).
+ The termination of the employment contract and the liquidation of social security benefits for the employees specified in the previous (3) must comply with the provisions of Article 3, Chapter III of the Labor Code and the provisions of the law. social security law.
The Decree enters into force as of January 1, 2021.
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