Decree No. 135/2020/ND-CP on retirement age

DECREE

Regulations on Retirement Age

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Code on November 20, 2019;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Decree No. 07/2021/NĐ-CP

The Government promulgates this Decree to stipulate regulations on retirement age.

Article 1. Scope of Regulation

This Decree provides detailed regulations for Article 169 of the Labor Code regarding retirement age.

Article 2. Applicability

1. Workers and employers as specified in Clauses 1, 2, and 3 of Article 2 of the Labor Code.

2. Agencies, organizations, and individuals related to social insurance.

Article 3. Retirement Date and Pension Commencement Date

1. The retirement date is the last day of the month when the worker reaches the retirement age as prescribed.

In cases where workers continue working after reaching the prescribed retirement age, the retirement date shall be the termination date of the labor contract.

3. Where the worker's file does not specify the date and month of birth but only the year of birth, January 1 of the year of birth shall be taken as the basis for determining the retirement date and the pension commencement date.

Article 4. Retirement Age under Normal Working Conditions

The retirement age of workers under normal working conditions as stipulated in Clause 2 of Article 169 of the Labor Code is specified as follows:

1. As of January 1, 2021, the retirement age of workers under normal working conditions is 60 years and 3 months for male workers and 55 years and 4 months for female workers; thereafter, it increases by 3 months annually for male workers until reaching 62 years old in 2028, and by 4 months annually for female workers until reaching 60 years old in 2035.

2. The adjustment schedule for the retirement age of workers as stipulated in Clause 1 of this Article is implemented according to the table below:

The comparison of the month and year of birth of workers with the retirement age prescribed in this Clause shall be made according to Appendix I attached hereto.

Article 5. Retirement at a Lower Age than the Normal Retirement Age

Retirement at a lower age than the normal retirement age of workers as stipulated in Clause 3 of Article 169 of the Labor Code is specified as follows:

1. Workers falling into any of the following categories may retire at a lower age but not more than 5 years earlier than the retirement age prescribed in Article 4 of this Decree at the time of retirement, except where otherwise provided by law:

a) Workers who have worked for at least 15 years in occupations or jobs classified as heavy, hazardous, dangerous, or extremely heavy, hazardous, and dangerous as listed by the Ministry of Labor, Invalids, and Social Affairs.

b) Workers who have worked for at least 15 years in areas with particularly difficult economic and social conditions, including the period before January 1, 2021, in places with regional allowances of 0.7 or higher.

The Minister of Labor, Invalids, and Social Affairs shall issue the list of areas with particularly difficult economic and social conditions.

c) Workers whose work capacity has been reduced by 61% or more.

d) Workers who have accumulated at least 15 years of work in occupations or jobs as specified in point a and in areas as specified in point b of this Clause.

2. The lowest retirement age of workers as stipulated in Clause 1 of this Article is implemented according to the table below:

 

The comparison of the month and year of birth of workers with the retirement age prescribed in this Clause shall be made according to Appendix II attached hereto.

Article 6. Retirement at an age higher than the normal retirement age

Retirement at an age higher than the normal retirement age for workers under Clause 4, Article 169 of the Labor Code shall be specified as follows:

1. Workers may retire at an age higher than the normal retirement age upon agreement with the employer to continue working beyond the retirement age stipulated in Article 4 of this Decree.

2. The termination of labor contracts and the settlement of social insurance benefits for workers as provided in Clause 1 of this Article shall be carried out in accordance with the provisions of Section 3, Chapter III of the Labor Code and the regulations on social insurance.

Article 7. Transitional Provisions

2. For male workers born in December 1960 and female workers born in December 1965 working under normal working conditions, the retirement date is the end of December 31, 2020, and the date of receiving old-age pension benefits is January 1, 2021.

a) For workers as provided in points a, b, c, d, g, h, and i of Clause 1, Article 2 of the Social Insurance Law

Workers in normal working conditions shall take the age mark as provided in point a, Clause 1, Article 54 of the Social Insurance Law amended and supplemented in point a, Clause 1, Article 219 of the Labor Code and Article 4 of this Decree.

Workers engaged in heavy, hazardous, dangerous work or extremely heavy, hazardous, dangerous work or working in areas with particularly difficult economic and social conditions including time worked in places with regional allowance coefficient of 0.7 or more before January 1, 2021 shall take the age mark as provided in point b, Clause 1, Article 54 of the Social Insurance Law amended and supplemented in point a, Clause 1, Article 219 of the Labor Code and Article 5 of this Decree.

Workers engaged in underground coal mining work as provided in Appendix III attached to this Decree shall take the age mark reduced by 10 years compared to the age provided in point a, Clause 1, Article 54 of the Social Insurance Law amended and supplemented in point a, Clause 1, Article 219 of the Labor Code and Article 4 of this Decree.

b) For workers as provided in point đ and point e of Clause 1, Article 2 of the Social Insurance Law

Workers in normal working conditions shall take the age mark as provided in point a, Clause 2, Article 54 of the Social Insurance Law amended and supplemented in point a, Clause 1, Article 219 of the Labor Code and Article 4 of this Decree.

Workers engaged in heavy, hazardous, dangerous work or extremely heavy, hazardous, dangerous work or working in areas with particularly difficult economic and social conditions including time worked in places with regional allowance coefficient of 0.7 or more before January 1, 2021 shall take the age mark as provided in point b, Clause 2, Article 54 of the Social Insurance Law amended and supplemented in point a, Clause 1, Article 219 of the Labor Code and Article 5 of this Decree.

Article 8. Effective Date

1. This Decree takes effect from January 1, 2021.

a) Article 6; Clause 3, Article 7 and Clause 2, Article 11 of Decree No. 115/2015/NĐ-CP dated November 11, 2015 of the Government detailing some articles of the Social Insurance Law on mandatory social insurance.

b) Point a, Clause 2, Article 5 of Decree No. 134/2015/NĐ-CP dated December 29, 2015 of the Government detailing some articles of the Social Insurance Law on voluntary social insurance.

c) Points a, b, Clause 1, Article 8; Clause 3, Article 9 and Clause 2, Article 12 of Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government detailing and guiding the implementation of some articles of the Social Insurance Law on mandatory social insurance for military personnel, public security officers, and civil servants enjoying the same salary as military personnel.

Article 9. Responsibility for guiding implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree./.