In recent days, the proposal to reduce the retirement age for teachers has received the attention of many educators. However, according to current regulations, not all teachers can retire early.
Kindergarten teachers are allowed to take leave early, up to 5 years old
The Law on Teachers No. 73/2025/QH15 has dedicated a separate regulation on the retirement age for teachers in preschool education institutions.
According to Clause 2, Article 26, teachers in preschool education institutions, if they wish, can retire at an age lower than the retirement age of employees in normal conditions but not exceeding 5 years old.
A noteworthy point is that if they have 15 years or more of social insurance contributions, preschool teachers retiring under this mechanism are not reduced in the percentage of pension benefits due to early retirement.
In addition, Article 66 of the Law on Social Insurance also stipulates this issue to ensure the method of calculating pensions.
This is a specific policy for teachers in preschool education institutions.
Retirement due to reduced working capacity
For teachers at other levels of education, the retirement age will be implemented according to the provisions of the Labor Code and other relevant legal regulations.
Decree 135/2020/ND-CP stipulates: From January 1, 2021, the retirement age of workers in normal working conditions is 60 years and 3 months for male workers and 55 years and 4 months for female workers; then, each year, an increase of 3 months for male workers until reaching 62 years old in 2028 and each year, an increase of 4 months for female workers until reaching 60 years old in 2035.
The retirement age of teachers (except preschool teachers) is also applied according to this regulation. However, there are some cases where teachers retire earlier than prescribed. This is the case of employees retiring early due to reduced working capacity.
According to Article 65 of the Law on Social Insurance, employees must have at least 20 years of compulsory social insurance contributions and belong to one of the following cases:
Having an age a maximum of 5 years younger than the normal retirement age and having a working capacity reduction of 61% to below 81%.
Having an age a maximum of 10 years younger than the normal retirement age and having a working capacity reduction of 81% or more.
Having enough 15 years of experience in the profession, especially heavy, hazardous, dangerous work and having a working capacity reduction of 61% or more.
If retiring early under this category, teachers will still receive pensions but the benefit level will be reduced due to early retirement. Specifically, for each year of early retirement, it will be reduced by 2%. If the time of early retirement is less than 6 months, it will not be reduced; from 6 months to less than 12 months, it will be reduced by 1%.
Early retirement when subject to streamlining and arranging the apparatus
In addition, if teachers are subject to staff streamlining, staff restructuring or are affected by the arrangement of the organizational structure, they may also be considered for early retirement.
However, not every teacher who wants to quit early can choose this mechanism themselves.
Currently, the staff streamlining policy is regulated in Decree 154/2025/ND-CP. Depending on the case, people who retire before age can receive pensions according to the provisions of the law on social insurance without being deducted the pension rate due to early retirement, and are also entitled to allowances calculated according to the number of years of early retirement and the working time with social insurance contributions.
Meanwhile, for the arrangement of the organizational structure, policies are adjusted by Decree 178/2024/ND-CP and Decree 67/2025/ND-CP amended and supplemented. Decree 67/2025/ND-CP stipulates policies for people retiring early due to the arrangement of the organizational structure, and at the same time supplements policies for people subject to streamlining staff, restructuring and improving the quality of the team.
For some eligible cases, people who retire early under this policy are not subject to pension rate deductions and are also entitled to allowances.
However, teachers need to note that they must belong to the right subjects and be in the streamlining or arrangement plan or decision of the competent authority, then they will be considered for early retirement.
