According to the current Labor Code and Social Insurance Law, employees with at least 20 years of social insurance contributions and at least 15 years of engagement in strenuous, hazardous, or dangerous jobs are eligible for early retirement, up to 5 years earlier than the standard retirement age.
Workers in strenuous, hazardous, or dangerous jobs can retire early at age 5.
Ms. Cao Thuy Duong from Ho Chi Minh City intends to retire early as per this regulation but faces an obstacle. Specifically, Ms. Duong has 15 years of experience working in a hazardous environment as a garbage collector and street sweeper for a public utility company. She now meets the requirements for early retirement as mentioned above. However, when preparing the procedures for retirement benefits, she discovered that her previous company had declared her job title as “worker” in her social insurance book, which does not accurately reflect the hazardous nature of her actual job.
As her former company has gone bankrupt and had its seal revoked, it is impossible to adjust the information for employees. “I don’t have my labor contract, and the company cannot reissue or modify it for employees. Many of my colleagues are in the same situation. What procedures do we need to follow to correct this information and secure our rights to early retirement?” Ms. Duong inquired.
Regarding this matter, the Vietnam Social Security (VSS) clarified that according to the provisions of Clause 2, Appendix 01 issued together with Decision No. 948/QD-BHXH, Decision No. 595/QD-BHXH dated April 14, 2017, and Decision No. 490/QD-BHXH dated March 28, 2023, by the Vietnam Social Security, to adjust the job title for strenuous, hazardous, or dangerous jobs, employees need to provide the social insurance agency with one of the following documents: decision on job assignment and salary; labor contract or labor agreement; or other relevant documents for consideration and resolution.
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