in Vietnam, is it permissible to take early retirement when working in toxic environment?
Is it permissible to take early retirement when working in toxic environment in Vietnam?
Pursuant to Point a, Clause 1, Article 5 of the Decree 135/2020/NĐ-CP stipulating early retirement when working under ordinary conditions as follows:
An employee, in any of the following circumstances, may retire at the age earlier but not exceeding 5 years before the statutory retirement age provided for in Article 4 hereof, determined until the retirement date, unless otherwise prescribed by law:
a) He/she has at least 15 years’ doing laborious, toxic and dangerous occupations or highly laborious, toxic and dangerous occupations on the lists of the Minister of Labor, War Invalids and Social Affairs.
b) He/she has at least 15 years’ working in highly disadvantaged areas, including the period he/she works in areas with the region-based allowance of at least 0.7 (allowance for those working in disadvantaged areas) before January 01, 2021 on the list of the Minister of Labor, War Invalids and Social Affairs.
c) His/her work capacity reduction is at least 61%.
d) He/she has at least total 15 years’ doing the occupations specified in point a and working in the areas specified in point b.
List of arduous, hazardous and dangerous occupations and works, and extremely arduous, hazardous and dangerous occupations and works (enclosed with the Circular 11/2020/TT-BLDTBXH):
I. Mining:
|
No. |
Occupation or work |
Working conditions |
|
Class-VI working conditions |
||
|
1 |
Drilling rock with a hand-held machine hammer in the pit |
Working in a confined space lacking light and oxygen; arduous and dangerous work; working under impact of dust, noise and tremor in excess of permissible limits |
|
2 |
Pit mining |
Working in confined space lacking oxygen; manual and extremely arduous and dangerous work; working under impact of dust, noise and CO2. |
|
3 |
Drying, grinding, mixing and packaging explosives |
Hazardous and dangerous work; working in frequent contact with high temperature, noise, dust and toxic chemicals (TNT, Cl2, Licacmon...). |
|
4 |
Operator of loader or excavator with bucket capacity of at least 8m3 |
Arduous work; static working posture; working under impact of dust, noise and tremor in excess of permissible limits. |
|
5 |
Mine rescue team member |
Extremely dangerous occupation |
|
6 |
Extracting non-ferrous metal ores by underground mining method |
Working in confined and wet space lacking oxygen; manual and extremely arduous and dangerous work; working under impact of dust, noise and CO2 |
|
7 |
Operating hydrometallurgy and pyrometallurgy equipment (copper, zinc, tin, titanium, chrome, wolfram, etc.). |
Working under impact of high temperature, dust, arsenic, noxious gases and chemicals. |
As regulations above, you are allowed to take early retirement if you have at least 15 years of working in toxic environment but not exceeding 5 years before the statutory retirement age. In your case, you are an explosive mixer working in toxic environment so you can request for early retirement.
What is the minimum retirement ages of employees working in toxic environment in Vietnam?
Pursuant to Clause 2, Article 5 of the Decree 135/2020/NĐ-CP stipulating What is the minimum retirement ages of employees working in toxic environment in Vietnam as follows:
|
Male employees |
Female employees |
||
|
Retirement year |
Lowest retirement age |
Retirement year |
Lowest retirement age |
|
2021 |
55 years 3 months |
2021 |
50 years 4 months |
|
2022 |
55 years 6 months |
2022 |
50 years 8 months |
|
2023 |
55 years 9 months |
2023 |
51 years |
|
2024 |
56 years |
2024 |
51 years 4 months |
|
2025 |
56 years 3 months |
2025 |
51 years 8 months |
|
2026 |
56 years 6 months |
2026 |
52 years |
|
2027 |
56 years 9 months |
2027 |
52 years 4 months |
|
From 2028 |
57 years |
2028 |
52 years 8 months |
|
|
|
2029 |
53 years |
|
|
|
2030 |
53 years 4 months |
|
|
|
2031 |
53 years 8 months |
|
|
|
2032 |
54 years |
|
|
|
2033 |
54 years 4 months |
|
|
|
2034 |
54 years 8 months |
|
|
|
From 2035 |
55 years |
The month and year of birth of the employee corresponding to retirement age mentioned in this clause shall be determined as prescribed in Appendix II hereto appended.
Best regards!
Lê Tấn Phát