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Decree 135/2020/ND-CP on retirement age

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Agency issued: Government Signer: Nguyen Xuan Phuc
Number: 135/2020/ND-CP Field: Policy
Date issued: 11/18/2020 Effective date: Updating
Document Type: Decree Expiration date: Updating
Validity Status:

The Government has just issued Decree 135/2020/ND-CP regulating the retirement age.

Accordingly, the retirement age of employees under normal working conditions according to Clause 2, Article 169 of the Labor Code 2019 is specified as follows:

– From January 1, 2021, the retirement age of employees under normal working conditions is full 60 years and 03 months for male employees and full 55 years and 04 months for female employees;

After that, every year increase by 03 months for male employees until they reach the age of 62 in 2028 and increase by 04 months every year for female employees until they reach 60 years of age in 2035.

The comparison of the employee’s month and year of birth corresponding to the retirement age specified in this table is in Appendix I to Decree 135/2020/ND-CP.

Decree 135/2020/ND-CP takes effect from January 1, 2021.

Contents of Decree 135 in 2020

GOVERNMENT
________

No: 135/2020/ND-CP

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
_____________________________________

Hanoi, November 18, 2020

DECREE

Regulations on retirement age

__________

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

Pursuant to the November 22, 2019 Law on amendments and supplements to a number of articles of the Law on Government Organization and the Law on Organization of Local Governments;

Pursuant to the November 20, 2019 Labor Code;

Pursuant to the November 20, 2014 Law on Social Insurance;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Government promulgates a Decree regulating the retirement age.

Article 1. Scope

This Decree details Article 169 of the Labor Code on retirement age.

Article 2. Subjects of application

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

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

Article 3. Time to retire and time to enjoy retirement benefits

1. The time of retirement is the end of the last day of the month of full retirement age as prescribed.

In case the employee continues to work after reaching the prescribed retirement age, the time of retirement is the time of termination of the labor contract.

2. The time to enjoy the retirement regime is the first day of the month immediately following the time of retirement.

3. In case the employee’s dossier cannot determine the date of birth but only the year of birth, the date of January 1 of the year of birth shall be used as a basis for determining the time of retirement and the time of enjoying the retirement benefits. .

Article 4. Retirement age under normal working conditions

The retirement age of employees under normal working conditions according to Clause 2, Article 169 of the Labor Code is specified as follows:

1. From January 1, 2021, the retirement age of employees under normal working conditions is full 60 years and 03 months for male employees and full 55 years and 04 months for female employees; after that, every year increase by 03 months for male employees until they reach the age of 62 in 2028 and increase by 04 months every year for female employees until they reach 60 years of age in 2035.

2. The roadmap for adjusting the retirement age of employees specified in Clause 1 of this Article is made according to the table below:

Male workers

Female workers

Retirement year

Retired Age

Retirement year

Retired Age

2021

60 years 3 months

2021

55 years old 4 months

2022

60 years and 6 months

2022

55 years and 8 months

2023

60 years old 9 months

2023

56 years old

2024

61 years old

2024

56 years old 4 months

2025

61 years 3 months

2025

56 years and 8 months

2026

61 years 6 months

2026

57 years old

2027

61 years 9 months

2027

57 years old 4 months

From 2028 onwards

62 years old

2028

57 years and 8 months

2029

58 years old

2030

58 years 4 months

2031

58 years and 8 months

2032

59 years old

2033

59 years old 4 months

2034

59 years and 8 months

From 2035 onwards

60 years old

The comparison of the month and year of birth of the employee corresponding to the retirement age specified in this Clause according to Appendix I issued together with this Decree.

Article 5. Retirement at an age lower than the retirement age under normal working conditions

Retirement at an age lower than the retirement age under normal working conditions of employees according to Clause 3, Article 169 of the Labor Code is specified as follows:

1. Employees in the following cases may retire at a lower age but not exceeding 05 years compared to the retirement age specified in Article 4 of this Decree at the time of retirement, unless otherwise provided for by law. other rule:

a) The employee has worked for full 15 years or more in heavy, hazardous or dangerous occupations or jobs or particularly heavy, hazardous or dangerous jobs on the list promulgated by the Ministry of Labor, War Invalids and Social Affairs. onion.

b) Employees with 15 years or more working in areas with extremely difficult socio-economic conditions, including working time in places where the regional allowance coefficient of 0.7 or more is available. before January 1, 2021.

The Minister of Labor, War Invalids and Social Affairs promulgates a list of regions with extremely difficult socio-economic conditions.

c) The employee has a working capacity decrease of 61% or more.

d) The employee has the total time of doing the occupations or jobs specified at Point a and the working time in the regions specified at Point b of this Clause from full 15 years or more.

2. The lowest retirement age of employees specified in Clause 1 of this Article is specified in the table below:

Male workers

Female workers

Retirement year

Minimum retirement age

Retirement year

Minimum retirement age

2021

55 years old 3 months

2021

50 years old 4 months

2022

55 years old 6 months

2022

50 years and 8 months

2023

55 years old 9 months

2023

51 years old

2024

56 years old

2024

51 years 4 months

2025

56 years 3 months

2025

51 years and 8 months

2026

56 years and 6 months

2026

52 years old

2027

56 years and 9 months

2027

52 years old 4 months

From 2028 onwards

57 years old

2028

52 years and 8 months

2029

53 years old

2030

53 years old 4 months

2031

53 years and 8 months

2032

54 years old

2033

54 years 4 months

2034

54 years 8 months

From 2035 onwards

55 years old

The comparison of the month and year of the employee’s birth corresponding to the retirement age specified in this Clause according to Appendix II issued with this Decree.

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

Retirement at an age higher than the retirement age under normal working conditions of employees according to Clause 4, Article 169 of the Labor Code is specified as follows:

1. An employee may retire at an older age when reaching an agreement with the employer to continue working after the retirement age specified in Article 4 of this Decree.

2. The termination of the labor contract and the settlement of the social insurance regime for employees specified in Clause 1 of this Article must comply with the provisions of Section 3, Chapter III of the Labor Code and the provisions of law. social insurance law.

Article 7. Transition provisions

1. From January 1, 2021, the provisions of the retirement regime associated with the pension age conditions under Articles 54, 55, and Clause 1, Article 73 of the Law on Social Insurance shall be applied according to the retirement age. retirement age and conditions for pension enjoyment in Article 169, Clause 1, Article 219 of the Labor Code and this Decree.

2. For male employees born in December 1960 and female employees born in December 1965 working under normal working conditions, the time of retirement is the end of December 31, 2020, the time of pension enjoyment. is beginning January 1, 2021.

3. The age milestone for calculating the number of years of early retirement as the basis for calculating the reduction in the pension enjoyment rate specified in Clause 3, Article 56 of the Law on Social Insurance is determined as follows:

a) For employees specified at Points a, b, c, d, g, h and i, Clause 1, Article 2 of the Law on Social Insurance

For employees under normal working conditions, the age mark shall be taken according to Point a, Clause 1, Article 54 of the Law on Social Insurance as amended and supplemented at Point a, Clause 1, Article 219 of the Labor Code and Article 4 of Decree No. this determination.

Employees who do heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous occupations or jobs or work in areas with extremely difficult socio-economic conditions, including working hours. jobs where the regional allowance coefficient of 0.7 or more is applied before January 1, 2021, the age mark shall be taken according to Point b, Clause 1, Article 54 of the Law on Social Insurance as amended and supplemented at Point a, Clause 1. Article 219 of the Labor Code and Article 5 of this Decree.

Employees doing coal mining work in underground mines according to the provisions of Appendix III issued with this Decree, their age will be reduced by 10 years compared to the age specified at Point a, Clause 1, Article 54 of the Law on Social Insurance. Associations are amended and supplemented at Point a, Clause 1, Article 219 of the Labor Code and Article 4 of this Decree.

b) For the employees specified at Points dd and e, Clause 1, Article 2 of the Law on Social Insurance

Employees under normal working conditions shall take the age mark according to point a, clause 2, Article 54 of the Law on Social Insurance as amended and supplemented at point a, clause 1, Article 219 of the Labor Code and Article 4 of Decree No. this determination.

Employees who do heavy, hazardous, dangerous or particularly heavy, hazardous or dangerous occupations or jobs or work in areas with extremely difficult socio-economic conditions, including working hours. If you work in a place with a regional allowance of 0.7 or more before January 1, 2021, the age mark shall be taken according to Point b, Clause 2, Article 54 of the Law on Social Insurance as amended and supplemented at Point a, Clause 1. Article 219 of the Labor Code and Article 5 of this Decree.

Article 8. Effect

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

2. From the effective date of this Decree, the previous provisions contrary to this Decree and the following provisions shall cease to be effective:

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

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

c) Points a and b, Clause 1, Article 8; Clause 3, Article 9 and Clause 2, Article 12 of Decree No. 33/2016/ND-CP dated May 10, 2016 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on insurance Compulsory social service for military personnel, people’s police and cipher workers who receive salaries like military personnel.

Article 9. Responsibility to guide implementation

Ministers, heads of ministerial-level agencies, heads of agencies attached to the Government, presidents of People’s Committees of provinces and centrally run cities are responsible for the implementation of this Decree./.

Recipients:

– Secretariat of the Party Central Committee;

– Prime Minister, Deputy Prime Ministers;

– Ministries, ministerial-level agencies, agencies attached to the Government;

– People’s Councils, People’s Committees of provinces and centrally run cities;

– Central Office and Party Committees;

– Office of the General Secretary;

– Office of the President;

– Ethnic Council and Committees of the National Assembly;

– Congress office;

– Supreme People’s Court;

– People’s Procuratorate of the Supreme;

– State Audit;

– National Financial Supervisory Commission;

– Bank for Social Policies;

– Vietnam Development Bank;

– Central Committee of Vietnam Fatherland Front;

– Central body of the unions;

– Government Office: BTCN, PCNs, Assistant to TTg, General Director of E-Portal, Departments, Departments, affiliated units, Official Gazette;

– Save: VT, KGVX (2b)

TM. GOVERNMENT

PRIME MINISTER

Nguyen Xuan Phuc

Appendix I

AGE ROAD RETIREMENT IN NORMAL LABOR CONDITIONS CONNECTED WITH THE ORIGINAL MONTH, YEAR OF BIRTH

(Issued together with Decree No. 135/2020/ND-CP dated 18 November 2020 of the Government)

Appendix II

LOWEST RETIREMENT AGE ASSOCIED WITH THE corresponding month and year of birth

(Issued together with Decree No 135/2020/ND-CP dated November 18, 2020 of the Government)

Please use the Download file to view the details of the Appendix to Decree 135 2020.

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