Early retirement from 2026 is not legally clear, easy to lose rights

Hà Lê |

The issue of early retirement continues to be of concern to many workers.

From 2026, cases considered early retirement:

Pursuant to Clause 2, Article 169 of the 2019 Labor Code, from 2026, the retirement age of employees in normal working conditions will be 61 years and 6 months for male employees and 57 years for female employees.

Thus, in the case of male workers retiring 6 months before the age of 61, female workers retiring before the age of 57, it is considered early retirement.

Employees with reduced working capacity can retire early:

Employees in groups of subjects participating in compulsory social insurance, when retiring and having paid social insurance for 20 years or more, will receive a pension at a lower level than those who retire at the right age, if they fall into one of the following cases:

Early retirement for a maximum of 5 years, if the working capacity is reduced from 61% to less than 81%;

Early retirement for a maximum of 10 years, if the working capacity is reduced by 81% or more;

Having worked for 15 years or more in a particularly arduous, toxic, or dangerous job or job, and having a working capacity reduction of 61% or more.

For some other groups of subjects (such as officers, professional soldiers, police, etc.), similar conditions are also applied, with a maximum early retirement of 10 years compared to the normal retirement age, or based on working time in a particularly arduous, toxic, or dangerous profession.

Will pensions be deducted for early retirement under 6 months?

One point that many workers are interested in is how to calculate the pension reduction rate when retiring early due to reduced working capacity. Pursuant to Clause 3, Article 66 of the Law on Social Insurance 2024:

For each year of early retirement compared to the regulations, the pension rate will be reduced by 2%;

Early retirement period under 6 months: No pension percentage reduction;

From 6 months to less than 12 months: giam pension rate by 1%.

This regulation is considered more flexible, ensuring the rights of employees retiring early in a short period of time.

Will preschool teachers who retire early have their pensions reduced?

For preschool teachers, the 2025 Law on Teachers has its own regulations. According to Article 40 of the 2025 Law on Teachers, teachers working in preschools, if they wish, can retire at a lower age than the normal retirement age, but not more than 5 years.

Notably, in cases where they have paid social insurance for 15 years or more, preschool teachers will not have their pension percentage reduced, even if they retire early.

This regulation is considered suitable for the nature of the work of preschool teachers - a profession with high labor intensity, great pressure and significant impact on long-term health.

Hà Lê
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