Article 6 of Decree 135/2020/ND-CP stipulates retirement at an age higher than the retirement age in normal working conditions of employees according to Clause 4, Article 169 of the 2019 Labor Code, which is specifically regulated as follows:
(1) Employees may retire at a higher age when agreeing with the employer to continue working after the retirement age specified in Article 4 of Decree 135/2020/ND-CP.
(2) The termination of labor contracts and settlement of social insurance benefits for employees specified in (1) shall be implemented in accordance with the provisions of Section 3, Chapter III of the 2019 Labor Code and the provisions of law on social insurance.
Accordingly, in Clause 2, Article 3 of Decree 50/2022/ND-CP, retirement at a higher age for public employees is no more than 5 years (60 months), calculated from the time public employees reach retirement age according to Decree 135/2020/ND-CP of the Government regulating retirement age.
According to the retirement age increase roadmap, in 2026, the retirement age for male workers is 61 years and 6 months, and for female workers is 57 years.
Thus, in 2026, the highest retirement age for civil servants in the above category is 66 years and 6 months for men, and 62 years for women.
Civil servants who are allowed to retire at a higher age than prescribed are: Civil servants with academic titles of Professor, Associate Professor; civil servants holding professional titles that require training qualification standards of Doctor or Specialist II; forensic examiners, psychiatric forensic examiners; civil servants with high expertise and technique in some specific career fields according to the provisions of specialized law and must meet the following conditions:
- Public non-business units in need;
- Have sufficient health;
- Not being in the period of being considered for disciplinary action, being investigated, prosecuted, tried or disciplined by the Party or government and having a request to extend their working time.
