Based on Article 3 of Decree 135/2020/ND-CP, Clause 2 is expired because Point c, Clause 2, Article 44 of Decree 158/2025/ND-CP stipulates:
Time of retirement and time of enjoying retirement benefits
1. The retirement time is the end of the last day of the month of retirement age according to regulations.
For cases where employees continue to work after reaching retirement age as prescribed, the retirement time is the time of termination of the labor contract.
3. In case the employee's dossier cannot determine the date and month of birth but only the year of birth, the 1st day of January of the year of birth shall be used as a basis for determining the time of retirement and the time of enjoying retirement benefits.
Thus, the retirement time in 2026 for employees eligible for retirement is the end of the last day of the month of retirement age according to regulations.
For cases where employees continue to work after reaching retirement age as prescribed, the retirement time is the time of termination of the labor contract.
At the same time, in case the employee's dossier cannot determine the date and month of birth but only the year of birth, the 1st day of January of the year of birth shall be used as a basis for determining the time of retirement and the time of enjoying retirement benefits.
