Case of early retirement in 2022

The Labor Code stipulates that in 2022, employees will increase the retirement age. However, in the following cases, they are still entitled to early retirement even under normal working conditions.

When is retirement before retirement age?

According to the provisions of law, the time of retirement is the end of the last day of the month of full retirement age as prescribed.

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

Accordingly, starting the first day of the month immediately following the time of retirement, employees will be entitled to the retirement regime.

If the employee's profile does not identify the date and month of birth but only the year of birth, 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.

Who can retire before the age of 2022?

The Labor Code stipulates that employees who satisfy the conditions for the time of payment of social insurance premiums in accordance with the law on social insurance are entitled to a pension when they reach the retirement age.

Accordingly, the retirement age of employees under normal working conditions is adjusted according to the roadmap until they reach full 62 years old for male employees in 2028 and full 60 years old for female employees in 2035.

From 2021, the retirement age of employees under normal working conditions is full 60 years and 3 months for male employees and full 55 years and 4 months for female employees. After that, every year increases by 3 months for male employees and 4 months for female employees.

However, in Clause 3, Article 169 of the Labor Code, the case of early retirement is as follows:

"Employees with reduced working capacity; doing particularly heavy, hazardous and dangerous occupations or jobs; doing heavy, hazardous or dangerous occupations or jobs; working in areas with favorable economic conditions. With special socio-economic difficulties, they may retire at a lower age but not more than 5 years old as prescribed in Clause 2 of this Article at the time of retirement, unless otherwise provided for by law.

Early retirement under normal working conditions of employees under Clause 3, Article 169 of the Labor Code is specifically guided in Article 5 of Decree 135/2020/ND-CP.

Accordingly, employees in the following cases will be entitled to early retirement in 2022.

Employees who have had 15 years or more working 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.

Employees with full 15 years or more working in areas with extremely difficult socio-economic conditions, including working time in places with a regional allowance coefficient of 0.7 or more before the date of employment. January 1, 2021.

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

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

The employee has the total time of doing the occupation or job specified at Point a and the working time in the region specified at Point b of this Clause from full 15 years or more.

Note that employees in the above cases can retire before the age in 2022 but not exceeding 5 years old compared to the retirement age at the time of retirement, unless otherwise provided for by law.

The minimum retirement age of employees is calculated according to the table below: