They will be clearly explained as follows:

Those working in the armed forces include soldiers, professional soldiers, non-commissioned officers, national defence civil servants, workers and employees, and contracted workers. This article however only covers professional soldiers and army officials and national defence workers and employees whose legal positions are fully regulated by law and they are also those who will get a retirement pension.

Legal regulations about retirement age in general

Article 169 of the 2019 Labour Code regulates that workers, who meet the condition of qualified period for paying social insurance premiums, as prescribed by the law on social insurance, shall receive an old-age pension at their age of retirement.

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Starting from 1 January 2021, the age of retirement for employees working in normal working conditions shall be 60 years and 3 months for male employees, and 55 years and 4 months for female employees; then the age of retirement shall increase by 3 months per year for male employees and by 4 months per year for female employees until the male employees reach 62 years of age and female employees reach 60 years of age.

According to Article 219 of the 2019 Labour Code and Government Decree 135/2020/NĐ-CP dated November 18, 2020 on retirement age, professional soldiers, army officials, non-commissioned soldiers and People’s Army soldiers who cease working after having paid social insurance premiums for at least 20 years, are entitled to pension in case: “Employees whose ages are 5 years less than age(s) of retirement defined in Clause 2, Article 169 of Labour Code, unless otherwise provided by Law on Military Officers of Vietnam People’s Army, Law on People’s Public Security, and Law on Information Security”.

This is a new provision of the 2019 Labour Code in comparison with previous regulations.

Current regulations about serving age limits and retirement age for those working in the army

The Law on Military Officers of Vietnam People’s Army and the Law on Professional Soldiers and Defence Personnel regulate the working age caps and retirement age of those working in the army as follows:

The working age limits for officials based on their rank and commanding posts: Second Lieutenant: 46 years old for both male and female; Major: 48 years old for both male and female; Lieutenant Colonel: 51 years old for both male and female; Colonel: 54 years old for both male and female; Senior Colonel: 57 years old for male and 55 years old for female; General level: 60 years old for male and 55 years old for female.

When the army has the demand, officers with full qualifications, capability, good health and willingness may extend their service in the army no longer than five years from the age limit, based on officers’ ranks and commanding posts. In special cases, the extension can be longer.  

For professional soldiers, Article 17 of the Law on Professional Soldiers and Defence Personnel regulates their working age limits following their military ranks: Senior military captain: 52 years old for both male and female; Major, lieutenant colonel: 54 years old for both male and female; and Colonel: 56 years old for male and 55 years old for female.

A professional soldier has a degree in technical expertise, a high career, having sufficient political, ethical, health and voluntary qualities, if the military needs to consider extending service in the army for no more than 5 years.

Soldiers who paid social insurance premiums for at least 20 years and reach serving age limits are entitled to retirement pension when stopping service in the army. 

Besides, soldiers who are retired when meeting requirements: paying social insurance premiums for at least 20 years and serving in the army for at least 25 years for males and at least 20 years for females. 

Defence workers and employees will retire at the age of 60 for males and 55 for females as regulated by the Law on Professional Soldiers and Defence Personnel and the Law on Social Insurance.

For other defence workers, they can retire at the age of 50 for males and 45 for females after working for at least 15 years as defence workers and paying social insurance premiums for at least 20 years. 

Defence officials who fail to meet the above retirement requirements can retire at the age of 55-60 for males and 50-55 for females and paying social insurance premiums for at least 20 years if they are no longer assigned to work in the army due to changes in the payroll structure.

Who in the armed forces is subject to amendment of the 2019 Labour Code about retirement age?

Although current regulations do not directly adjust serving age limits of those working in the armed forces, they still affect the age requirements to get a retirement pension.

The retirement age of soldiers who meet retirement requirements as regulated by the Decree No 33/2016/NĐ-CP (reaching the age of 55 for males and 50 for females and paying social insurance premiums for at least 20 years; or reaching the age of 50-55 for males and 45-50 for females, paying social insurance premiums for at least 20 years and doing heavy, dangerous or harmful jobs for at least 15 years as listed by the Ministry of Labour, Invalids and Social Affairs and the Ministry of Health), is now also affected by the retirement age increase roadmap of the Labour Code and Government Decree No 135/2020/NĐ-CP.

At the same time, the age threshold for calculating the number of years of early retirement as a basis for calculating the reduction of retirement pension as regulated by Decree No. 33/2026/ND-CP and the Law on Social Insurance is also affected.

Specific regulations about retirement requirements for those affected by the 2019 Labour Code and Government Decree 135/2020/NĐ-CP are still waiting for further instruction from authorised agencies.

The new provisions of the Labor Code 2019 on serving age and retirement age will create a premise to complete related laws towards and help soldiers to feel secure to fulfil their tasks./.