Hi my name is Trang, my mother is currently a university lecturer. My mother loves her job very much, so she wants to work for a while, I wonder how the current law provides for extending the retirement period for university lecturers, so that I can help mom. So about the matter “Extending the retirement period for university lecturers in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Labor Code 2019
- Decree 50/2022/ND-CP
What is retirement age?
Retirement age is the age according to the labor law at which the employee who is doing the work prescribed by law will have to terminate the contract, stop working to retire in old age.
The retirement age is specified in the Labor Code 2019, the retirement age is specified separately for male and female employees, and the retirement age applies to employees with reduced working capacity; doing particularly heavy, hazardous or dangerous occupations or jobs; doing heavy, hazardous or dangerous occupations or jobs; working in areas with extremely difficult socio-economic conditions.
When the working age is over, employees will be able to rest without having to work anymore, if they want to continue working, they can completely sign a labor contract. In addition, upon retirement, the law does not prohibit employees from doing other jobs.
Extending the retirement period for university lecturers in Vietnam
Decree 50/2022/ND-CP stipulates conditions for retirement at an older age for public employees in public non-business units.
However, for the following two types of public employees, the competent authority has decided to extend the working time under the provisions of Article 9 of Decree 141/2013/ND-CP or Article 9 of Decree 40/2014. /ND-CP from before August 15, 2022, continue to comply with the provisions of Decree 141/2013/ND-CP, Decree 40/2014/ND-CP, including:
– Public employees holding the title of lecturers of public higher education institutions;
– Public employees holding scientific and technological titles at public science and technology organizations.
What is the current law on retirement age?
- Retirement age under normal conditions
Article 169 of the Labor Code 2019 records the roadmap to increase the retirement age of employees under normal conditions as follows:
2. The employee’s retirement age under normal working conditions is adjusted according to the roadmap until he reaches the age of 62 for male employees in 2028 and full 60 years for female employees in 2035.
From 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 increases by 03 months for male employees and 04 months for female employees.
Accordingly, the retirement age of employees working in normal conditions is:
– From full 60 years old 06 months: Applicable to male employees.
– From full 55 years old 08 months: Apply to female employees.
- Retirement age for early retirees 5 years
According to Clause 3, Article 169 of the 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. often.
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: after:
– 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 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 (People’s Army); officers, professional non-commissioned officers, officers and technical non-commissioned officers of the People’s Public Security (CAND); people who do cipher work and receive salaries like soldiers; non-commissioned officers and soldiers of the People’s Army; non-commissioned officers and soldiers of the People’s Public Security Forces serving a definite term; Military, police and cipher students who are studying are entitled to living expenses.
The retirement age of employees in the above cases is determined as follows:
– Male employees: From full 55 years old and 06 months.
– Female employees: From full 50 years old 08 months.
- Retirement age for early retirees 10 years
Not only stopping at the 5-year milestone, 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 as coal mining in underground mines.
– Having a working capacity decrease of 81% or more.
– Professional officers and soldiers of the People’s Army; officers, professional non-commissioned officers, officers and technical non-commissioned officers of the People’s Police; people who do cipher work and receive salaries like soldiers; non-commissioned officers and soldiers of the People’s Army; non-commissioned officers and soldiers of the People’s Public Security Forces serving a definite term; Military, police and cipher students currently studying are entitled to living expenses:
+ Having had full 15 years of working in heavy, hazardous or dangerous occupations or jobs, or particularly heavy, toxic or dangerous jobs; Or
+ Having full 15 years of working in an area with extremely difficult conditions, including the working time in a place where the regional allowance is paid with the coefficient from 0.7 before January 1, 2021.
The retirement age of the employee in this case is:
– From full 50 years old and 06 months: Male employees.
– From full 45 years old 08 months: Female employees.
- Retirement age for older retirees
Clause 4, Article 169 of the Labor Code 2019 indicates that:
Employees with high professional and technical qualifications and in some special cases may retire at an age higher than 05 years old but not exceeding the age specified in Clause 2 of this Article at the time of retirement, except for the following cases: otherwise provided by law.
Article 6 of Decree 135/2020/ND-CP also guides that employees who retire at an older age must simultaneously meet the following conditions:
1 – There is an agreement between the employee and the employer on continuing to work after retirement age under normal conditions.
2 – Retirement at an older age but not exceeding 05 years.
– Male employees: Maximum 65 years and 6 months.
– Female employees: Maximum 60 years and 08 months.
- Retirement age of some special cases
Article 219 of the Labor Code 2019 records 02 cases of immediate retirement when paying social insurance contributions for 20 years or more regardless of age, including:
Case 1: The person has at least 15 years of working in an occupation or job that is particularly heavy, hazardous or dangerous and has a working capacity decrease of 61% or more.
Case 2: Being infected with HIV/AIDS due to occupational accident while performing assigned tasks.
Meanwhile, the working age to receive social insurance contributions is from full 15 years old. Accordingly, if employees work and have paid social insurance contributions from the age of 15, employees will have the opportunity to retire at the age of 35.
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Please see more
- Retirement age in accordance with current Vietnamese law
- Cases of extending the retirement age in Vietnam
- New adjustments on the level of retirement pensions, social insurance allowances, and monthly allowances in Viet Nam Social Insurance
Frequently asked questions
According to Clause 2, Article 4 of Decree 50/2022/ND-CP, the order and procedures for considering and extending working time are prescribed as follows:
Annually, the public non-business unit, based on the development orientation, human resource profile of the organization and the requirements of the job position, announces the policy and the need to extend the working time;
Public employees who satisfy the prescribed conditions, submit an application to extend their working time, and send them to the competent authorities according to their management decentralization for a decision on extension at least 06 months before the time of retirement.
Conditions for deciding for public employees to retire at an older age are specified in Clause 1, Article 4 of Decree 50/2022/ND-CP, specifically:
An officer retires at an older age if the following conditions are met:
Public non-business units in need;
Have enough health,
Not being considered for disciplinary action, being investigated, prosecuted, tried or disciplined in relation to the party or government and has an application for extension of working time.
Competent authorities according to management decentralization consider and evaluate the conditions of public employees who wish to extend their working time and the policies and needs of public non-business units for consideration and decision. the extension of working time, the length of time is extended for each case of public employees;
The decision to extend the working period of public employees shall be sent to relevant organizations and individuals at least 03 months before the time of retirement.
According to Article 2 of Decree 50/2022/ND-CP, the subjects who are employees who are retired at an older age include:
Officials holding the titles of Professor, Associate Professor;
Officials holding professional titles that require training qualifications are Doctorate or Specialty II;
Forensic examiners, forensic psychiatrists;
Professional and highly technical public employees in a number of specific non-business fields as prescribed by specialized laws
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