Question: I would like to ask how the current early retirement conditions for employees are calculated?
TAX(Tu Ky)
Reply:Clause 1, Article 55 of the Law on Social Insurance 2014 (amended by Point b, Clause 1, Article 219 of the Labor Code 2019) stipulates the conditions for receiving pension when the working capacity is reduced as follows:
1. Employees specified in points a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, when retiring, with 20 years or more of social insurance contributions, shall receive a pension at a lower level than those eligible for pension specified in points a, b and c, Clause 1, Article 54 of this Law if they fall into one of the following cases:
- Have an age of up to 5 years lower than the retirement age specified in Clause 2, Article 169 of the Labor Code when the working capacity is reduced from 61% to less than 81%;
- Have an age of up to 10 years lower than the retirement age prescribed in Clause 2, Article 169 of the Labor Code when the working capacity is reduced by 81% or more;
- Have 15 years or more of experience in a particularly arduous, toxic, or dangerous job listed by the Ministry of Labor, War Invalids, and Social Affairs and have a working capacity reduction of 61% or more.
2. Clause 2, Article 169 of the 2019 Labor Code stipulates the retirement age as follows:
The retirement age of employees in normal working conditions is adjusted according to the roadmap until reaching 62 years old for male employees in 2028 and 60 years old for female employees in 2035.
From 2021, the retirement age of employees in normal working conditions is 60 years and 3 months for male employees and 55 years and 4 months for female employees; then, each year it increases by 3 months for male employees and 4 months for female employees.