Nghị định 135/2020/ND-CP

DECREE

ON RETIREMENT AGE

Pursuant to the Law on Governmental Organization dated June 19, 2015;

Pursuant to Law on amendments to the Law on Governmental Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

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

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

The Government promulgates a Decree on retirement age.

Article 1. Scope

This Decree provides guidelines for Article 169 of the Labor Code concerning retirement age.

Article 2. Regulated entities

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

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

Article 3. Retirement date and start date for retirement benefits

1. Retirement date is the last day of the month in which one reaches the full retirement age as prescribed.

If an employee continues in employment after his full retirement age as prescribed, the retirement date is the date of termination of employment.

2. The start date for retirement benefits is the first day of the month following month of the retirement date.

3. If the employee's dossier does not indicate his day and month of birth, but year of birth only, January 1 of his year of birth shall be used as the basis for determining of the retirement date and start date for retirement benefits.

Article 4. Retirement age under ordinary working conditions

Retirement ages of employees under ordinary working conditions as prescribed in clause 2 Article 169 of the Labor Code are specified as follows:

1. Since January 1, 2021, the retirement age of employees under ordinary working conditions are 60 years 3 months for male employees and 55 years 4 months for female employees; and the age increases by 3 months for male employees each successive year until he reaches 62 in 2028 and increases by 4 months for female employees each successive year until she reaches 60 in 2035.

2. The roadmap to adjust the retirement ages of employees specified in clause 1 shall be done as follows:

The month and year of birth of the employee corresponding to retirement age mentioned in this clause shall be determined as prescribed in Appendix I hereto appended.

Article 5. Early retirement (before the retirement age under ordinary working conditions)

Early retirement (before the retirement age under ordinary working conditions) as prescribed in clause 3 Article 169 of the Labor Code is specified as follows:

1. An employee, in any of the following circumstances, may retire at the age earlier but not exceeding 5 years before the statutory retirement age provided for in Article 4 hereof, determined until the retirement date, unless otherwise prescribed by law:

a) He/she has at least 15 years’ doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations on the lists of the Minister of Labor, War Invalids and Social Affairs.

b) He/she has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 01, 2021 on the list of the Minister of Labor, War Invalids and Social Affairs.

c) His/her degree of impairment is at least 61%.

d) He/she has at least total 15 years’ doing the occupations specified in point a and working in the areas specified in point b.

2. The lowest retirement ages of employees specified in clause 1 are specified as follows:

The month and year of birth of the employee corresponding to retirement age mentioned in this clause shall be determined as prescribed in Appendix II hereto appended.

Article 6. Late retirement (after the retirement age under ordinary working conditions)

Late retirement (after the retirement age under ordinary working conditions) as prescribed in clause 4 Article 169 of the Labor Code is specified as follows:

1. An employee may retire at the age later, upon agreement with the employer to continue in employment, than the retirement age mentioned in Article 4 hereof.

2. The termination of employment contract and settlement of claims for benefits of the employee mentioned in clause 1 shall be done in accordance with Section 3 Chapter III of the Labor Code and regulations on social insurance.

Article 7. Grandfather clause

1. From January 1, 2021, regulations on retirement benefits associated with pension requirement provided for in Articles 54, 55, clause 1 Article 73 of the Law on Social Insurance shall be done in accordance with regulations on retirement age and pension requirement 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 under ordinary working conditions, the retirement date is the end of December 31, 2020, the pension effective date is January 1, 2021.

3. The standard age for determining the number of years of early retirement as the basis for calculating reduced pension as prescribed in clause 3 Article 56 of the Law on Social Insurance is determined as follows:

a) For employees specified in points a, b, c, d, g, h and i clause 1 Article 2 of the Law on Social Insurance

For employees under ordinary working conditions, the standard age specified in point a clause 1 Article 54 of the Law on Social Insurance, amended in point a clause 1 Article 219 of the Labor Code and Article 4 of this Decree, shall prevail.

For employees doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations; working in highly disadvantaged areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 1, 2021, the standard age specified in point b clause 1 Article 54 of the Law on Social Insurance, amended in point a clause 1 Article 219 of the Labor Code and Article 5 of this Decree, shall prevail.

For those who have worked in coal mines as prescribed in Appendix III hereto appended, the standard age shall be 10 years younger than the age specified in point a clause 1 Article 54 of the Law on Social Insurance, amended in point a clause 1 Article 219 of the Labor Code and Article 4 of this Decree.

b) For employees specified in points dd and e clause 1 Article 2 of the Law on Social Insurance

For employees under ordinary working conditions, the standard age specified in point a clause 2 Article 54 of the Law on Social Insurance, amended in point a clause 1 Article 219 of the Labor Code and Article 4 of this Decree, shall prevail.

For employees doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations; working in highly disadvantaged areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 1, 2021, the standard age specified in point b clause 1 Article 54 of the Law on Social Insurance, amended in point a clause 1 Article 219 of the Labor Code and Article 5 of this Decree, shall prevail.

Article 8. Entry into force

1. This Decree comes into force as of January 1, 2021.

2. As of the date of entry into force of this Decree, any previous regulation in contravention of this Decree and the following provisions shall cease to be effective:

a) Article 6; clause 3 Article 7 and clause 2 Article 11 of the Government’s Decree No. 115/2015/ND-CP dated November 11, 2015 on guidelines for the Social Insurance concerning compulsory social insurance.

b) Point a clause 2 Article 5 of the Government’s Decree No. 134/2015/ND-CP dated December 29, 2015 on guidelines for the Social Insurance concerning voluntary social insurance.

c) Points a and b clause 1 Article 8; clause 3 Article 9 and clause 2 Article 12 of the Government’s Decree No. 33/2016/ND-CP dated May 10, 2016 on guidelines for the Social Insurance concerning compulsory social insurance for soldiers, the people’s police officers, and cipher officers on payroll as soldiers.

Article 9. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.

APPENDIX I

ROADMAP OF RETIREMENT AGES UNDER ORDINARY WORKING CONDITIONS ASSOCIATED WITH CORRESPONDING MONTH AND YEAR OF BIRTH
(Enclosed together with the Government’s Decree No. 135/2020/ND-CP dated November 18, 2020)

APPENDIX II

LOWEST RETIREMENT AGES ASSOCIATED WITH CORRESPONDING MONTH AND YEAR OF BIRTH
(Enclosed together with the Government’s Decree No. 135/2020/ND-CP dated November 18, 2020)

APPENDIX III

COAL MINING WORKS
(Enclosed together with the Government’s Decree No. 135/2020/ND-CP dated November 18, 2020)

1. Mining in pits.

2. Drilling rock with a hand-held machine hammer in the pit.

3. Mine rescue team member.

4. Mechanical and electrical repair in pit.

5. Operating pneumatic fan station, electricity, diesel, battery charging station in the pit.

6. Iron workers, water drainage workers in the pit.

7. Transporting coal in the pit.

8. Measuring gas, measuring wind, on-door duty, geodesy, performing product quality control in the pit.

9. Workers operating and repairing equipment in the pit.

10. Operating and supporting electric trains, accumulator trains in the pit.

11. Operating, repairing, and recharging accumulators in the pit.

12. Testing and accepting products in the pit.

13. Warehouse keepers of all kinds in the pit.

14. Warehouse security in the pit.

15. Cleaning toilet tunnel, dredging the mud in the pit.

16. Hauling materials in the pit.

17. Guarding the signal in the pit.

18. Service staff in the pit.

19. Installing and repairing communication systems in the pit.

20. Operating network station in the pit.

21. Guarding the wind door in the pit.

22. Performing technical direction in the pit.

23. Directing production in the pit (foreman, deputy foreman, kiln captain, kiln chief).

24. Employees and workers supervising safety in the pit.