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No one wants to work until they are too tired to work anymore. After decades of working tirelessly, employees would want to relax, spending time with their children and grandchildren. However, the retirement age of Vietnam keeps increasing year by year, making their ambition of relaxation an unreachable goal. Accordingly, the employees would want to retire early and they want to know about the regulations on exceptions to early retirement for employees in Vietnam in 2022.
Retirement age in 2022 under normal conditions
According to article 169 of the Vietnam Labor Code 2019, the retirement age of employees under normal conditions will increase on a yearly basis until the age of 62 for male employees in 2028 and at the age of 60 for female employees in 2035.
Based on this roadmap, the retirement age in 2022 of employees working in normal conditions is:
- Male employees: From full 60 years old 06 months.
- Female employees: From full 55 years old 08 months.
5 years early retirement for employees in 2022
According to Clause 3, Article 169 of the Vietnam Labor Code 2019, employees with reduced working capacity, heavy or hazardous work, etc. will have the opportunity to retire 5 years earlier than the normal retirement age.
Pursuant to Article 219 of the Labor Code, amending and supplementing Articles 54 and 55 of the Law on Social Insurance in 2014, employees who have paid social insurance premiums for full 20 years or more may retire at most 5 years earlier if they fall into one of the following cases:
- Having full 15 years of working in heavy, hazardous, or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs.
- Having full 15 years of working in an area with extremely difficult socio-economic conditions, including the working time in a place with a regional allowance with the coefficient from 0.7 before January 1, 2021.
- Having working capacity decrease from 61% to less than 81%.
- Officers and professional soldiers of the People’s Army.
The retirement age in 2022 of the employees in the above cases is determined as follows:
- Male employees: From full 55 years old 06 months.
- Female employees: From full 50 years old 08 months.
10 years early retirement for employees in 2022
According to Article 219 of the Labor Code, employees can also retire 10 years early if they have paid full 20 years of social insurance and meet one of the following conditions:
- Having full 15 years of working in coal mining in underground mines.
- Having a working capacity decrease of 81% or more.
- Professional officers and soldiers of the People’s Army that:
+ Have full 15 years of working in heavy, hazardous, or dangerous occupations or jobs, or particularly heavy, hazardous or dangerous jobs;
+ Have full 15 years of working in an area with extremely difficult conditions, including working time in a place with a regional allowance with a coefficient from 0.7 before January 1, 2021.
The employee’s 2022 retirement age in this case is:
- Male employees: From full 50 years old and 06 months.
- Female employees: From full 45 years old 08 months.
Special retirement age in Vietnam in 2022
Article 219 of the 2019 Labor law records 02 cases of immediate retirement when paying social insurance premiums for 20 years or more regardless of age, including:
- The employee has at least 15 years working in a particularly heavy, hazardous or dangerous occupation or job and suffers a working capacity decrease of 61% or more.
- The employee is being infected with HIV/AIDS due to an occupational accident while performing assigned tasks.
Currently, the law of Vietnam stipulated that the working age for the citizens of Vietnam is 15 years old, i.e. they can pay social insurance premiums to the social insurance fund.
Accordingly, in some exceptional rare scenarios, the employee might retire at the age of 35 if they go to work and have paid social insurance contributions non-stop for 20 years.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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