Editor’s Note: In April 2025, we published in the Made in China Journal a longer commentary on the Decision that digs deeper into the history of retirement-age legislation and demographic changes in China, the national legislature’s post–Cultural Revolution lawmaking reforms, as well as its procedural failings in adopting the Decision.
On Friday, September 13, China’s national legislature, the Standing Committee of the National People’s Congress (NPCSC) approved the Decision on Gradually Raising the Statutory Retirement Ages (Decision) [关于实施渐进式延迟法定退休年龄的决定]. Upon taking effect next year, the Decision will finally implement a reform that has been on the Chinese government’s agenda since at least 2013.
The Decision has three visually distinct components. It begins with a short main text with five articles covering only the essentials of the reform. What follows is a set of measures, attributed to the State Council, that describe the specific steps to implement the reform. The Decision ends with four charts (technically, annexes to the State Council’s measures) that allow citizens to easily look up their new retirement ages and see how much longer they may need to contribute to the pension fund to qualify for pension payments. As a legislative official made clear, all three are integral parts of the Decision and thus have statutory force.
News outlets worldwide have extensively covered the demographic challenges driving the reform, the initial public reaction to the plan, and its details. We won’t belabor the same points here. Nor will we delve into the Decision’s substance, a task we leave to subject matter experts.
Instead, we will provide a translation of the Decision (sans the charts) and discuss three issues related to the Decision: the NPCSC’s involvement in this major policy decision; the swift and secretive way in which the Decision was adopted; and the Decision’s unusual makeup—i.e., its inclusion of the State Council’s measures.
Legislative Involvement
To understand why the NPCSC was asked to approve the reform plan, some history is necessary.
While China’s current retirement ages were first set in the 1950s, their statutory authorities today are a pair of documents issued in 1978. They were styled as “interim measures” issued by the State Council, but were initially “approved in principle” by the NPCSC. For this reason, they are officially categorized as statutes. At the time, it was common for the legislature to make law by having the State Council issue an NPCSC-approved document in its own name. This practice fell into disuse, however, after the 1982 Constitution granted the State Council the power to issue administrative regulations.
In 1983, at the State Council’s request, the NPCSC approved a decision authorizing it to “make necessary changes and additions to some provisions” of the two interim measures. On its face, the authorization did not impose any substantive or temporal limitation on the granted authority, so it may remain good law. But the State Council requested the authorization with some specific changes in mind (e.g., allowing certain professionals to retire later) and announced them soon after acquiring the authority. Some scholars therefore argue that the authorization has de facto expired.1 So, at the very least, there is doubt about whether the State Council can now alter the retirement ages on its own, making it prudent, if not necessary, to seek the NPCSC’s approval. (The Decision made clear that the retirement-age provisions in the 1978 interim measures will cease to apply in 2025.)
Swift and Secretive Process
Some have noted the speed with which the Decision was approved. It was placed on the NPCSC’s agenda on August 27 (which was not announced at the time); introduced to lawmakers and disclosed to the public on September 10; and passed three days later. No draft was released and no public consultation was conducted during this process.
This sequence of events alone was not out of the ordinary. Since 2018, the NPCSC has frequently hidden selected bills from the public until it was in session, often because of the political sensitivity of their topics. The same consideration was likely at play here. We found this type of delayed disclosure to be relatively benign, because it has “had no material impact on the public’s ability to track and participate in the legislative process.”
To be sure, the NPCSC did not seek public comment on the Decision—but it did not have to, whether by law or by custom. The Decision is considered a “quasi-legislative decision”—a type of legislation that typically addresses narrow or uncontroversial legal issues, such as authorizing pilot reform programs. The NPCSC’s rules of procedure therefore allow it to approve such instruments after a single review without public consultation, and the NPCSC has rarely deviated from this default rule in the past two decades.2 We would have concluded this commentary here if the Decision ended after the five-article main text. But it didn’t.
Unusual Composition
To our surprise, the NPCSC also approved detailed measures to implement the retirement reform and incorporated them into the Decision. Reviving a defunct legislative practice was rare enough. It was even rarer for a quasi-legislative decision to contain such detailed provisions on a novel and monumental reform. Normally, the NPCSC would have just issued a brief authorization—something akin to the Decision’s main text—and let the State Council work out the details at some uncertain later date. Such was the case with the NPCSC’s 2021 decision authorizing the State Council carry out property tax pilots—which have yet to start.
In our view, the NPCSC approved the whole reform package likely because Chinese authorities deemed it pressing enough to push through, despite its apparent unpopularity with the public. By presenting the reform plan as a fait accompli, they were able to moot public calls for reconsideration and preempt attempts to bargain with the government over the specifics of reform. Eliminating the prospect of a prolonged decisionmaking process also offers those nearing retirement greater certainty about when their working lives would come to an end, for better or for worse.
全国人民代表大会常务委员会关于
实施渐进式延迟法定退休年龄的决定
Decision of the Standing Committee of the National People’s Congress on Gradually Raising the Statutory Retirement Ages
（2024年9月13日第十四届全国人民代表大会常务委员会第十一次会议通过）
(Adopted at the 11th Session of the Standing Committee of the 14th National People’s Congress on September 13, 2024)
| 为了深入贯彻落实党中央关于渐进式延迟法定退休年龄的决策部署，适应我国人口发展新形势，充分开发利用人力资源，根据宪法，第十四届全国人民代表大会常务委员会第十一次会议决定： | To thoroughly implement the Party Central Committee’s decisions and plans on gradually raising the statutory retirement ages, to adapt to the new situation of our country’s population development, and to make full use of human resources, the 11th Session of the Standing Committee of the 14th National People’s Congress decides on the basis of the Constitution: |
| 一、同步启动延迟男、女职工的法定退休年龄，用十五年时间，逐步将男职工的法定退休年龄从原六十周岁延迟至六十三周岁，将女职工的法定退休年龄从原五十周岁、五十五周岁分别延迟至五十五周岁、五十八周岁。 | I. The raising of the statutory retirement ages for male and female employees is to begin simultaneously, so that, over a period of 15 years, the statutory retirement age for male employees will be gradually raised from the original age of 60 to 63, and the statutory retirement ages for female employees will be gradually raised from the original ages of 50 and 55 to 55 and 58, respectively. |
| 二、实施渐进式延迟法定退休年龄坚持小步调整、弹性实施、分类推进、统筹兼顾的原则。 | II. The raising of statutory retirement ages is to adhere to the principles of small adjustments, flexible implementation, categorized advancement, and comprehensive coordination. |
| 三、各级人民政府应当积极应对人口老龄化，鼓励和支持劳动者就业创业，切实保障劳动者权益，协调推进养老托育等相关工作。 | III. The people’s governments at all levels shall actively respond to population aging, encourage and support workers’ employment and entrepreneurship, earnestly protect workers’ rights and interests, and coordinate efforts in areas such as eldercare and childcare. |
| 四、批准《国务院关于渐进式延迟法定退休年龄的办法》。国务院根据实际需要，可以对落实本办法进行补充和细化。 | IV. The State Council’s Measures on Gradually Raising the Statutory Retirement Ages are approved. The State Council may supplement and further specify the implementation of these Measures according to actual needs. |
| 五、本决定自2025年1月1日起施行。第五届全国人民代表大会常务委员会第二次会议批准的《国务院关于安置老弱病残干部的暂行办法》和《国务院关于工人退休、退职的暂行办法》中有关退休年龄的规定不再施行。 | V. This Decision takes effect on January 1, 2025. The provisions on retirement ages in the State Council’s Interim Measures on Placing Old, Weak, Sick, and Disabled Cadres and Interim Measures on Workers’ Retirement and Resignations, approved at the 2nd Session of the Standing Committee of the 5th National People’s Congress, will no longer have effect. |
国务院关于渐进式延迟法定退休年龄的办法
Measures of the State Council on
Gradually Raising the Statutory Retirement Ages
| 坚持以习近平新时代中国特色社会主义思想为指导，深入贯彻党的二十大和二十届二中、三中全会精神，综合考虑我国人均预期寿命、健康水平、人口结构、国民受教育程度、劳动力供给等因素，按照小步调整、弹性实施、分类推进、统筹兼顾的原则，实施渐进式延迟法定退休年龄。为了做好这项工作，特制定本办法。 | In gradually raising the statutory retirement ages, [we will] follow the guidance of the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; thoroughly implement the guiding principles from the Party’s 20th National Congress and the Second and Third Plenums of the 20th Central Committee; comprehensively consider factors such as the average life expectancy, health levels, demographic structure, the people’s educational attainment, and labor supply in our country; and adhere to the principles of small adjustments, flexible implementation, categorized advancement, and comprehensive coordination. These Measures are specially formulated to effectively carry out this task. |
| 第一条 从2025年1月1日起，男职工和原法定退休年龄为五十五周岁的女职工，法定退休年龄每四个月延迟一个月，分别逐步延迟至六十三周岁和五十八周岁；原法定退休年龄为五十周岁的女职工，法定退休年龄每二个月延迟一个月，逐步延迟至五十五周岁。国家另有规定的，从其规定。 | Article 1: Starting on January 1, 2025, the statutory retirement ages for male employees and female employees whose original statutory retirement age was 55 will be raised by one month every four months to gradually reach 63 and 58, respectively; and the statutory retirement age for female employees whose original statutory retirement age was 50 will be raised by one month every two months to reach 55. Where the State separately provides otherwise, follow those provisions. |
| 第二条 从2030年1月1日起，将职工按月领取基本养老金最低缴费年限由十五年逐步提高至二十年，每年提高六个月。职工达到法定退休年龄但不满最低缴费年限的，可以按照规定通过延长缴费或者一次性缴费的办法达到最低缴费年限，按月领取基本养老金。 | Article 2: Starting on January 1, 2030, the minimum contribution period for employees to receive the basic pension on a monthly basis will be gradually increased from 15 years to 20 years, with an increase of six months per year. An employee who has reached the statutory retirement age but has not satisfied the minimum contribution period may, in accordance with provisions, extend their contributions or make a lump-sum payment to satisfy the minimum contribution period and receive the basic pension on a monthly basis. |
| 第三条 职工达到最低缴费年限，可以自愿选择弹性提前退休，提前时间最长不超过三年，且退休年龄不得低于女职工五十周岁、五十五周岁及男职工六十周岁的原法定退休年龄。职工达到法定退休年龄，所在单位与职工协商一致的，可以弹性延迟退休，延迟时间最长不超过三年。国家另有规定的，从其规定。实施中不得违背职工意愿，违法强制或者变相强制职工选择退休年龄。 | Article 3: An employee who has satisfied the minimum contribution period may voluntarily opt for flexible early retirement, but no more than three years in advance, and their retirement age must not be lower than the original statutory retirement age of 50 or 55 for female employees and 60 for male employees. An employee who has reached the statutory retirement age and reached an agreement with their employer may flexibly delay their retirement for no more than three years. Where the State separately provides otherwise, follow those provisions. In implementation, employees must not be unlawfully coerced, overtly or covertly, to choose retirement ages against their will. |
| 第四条 国家健全养老保险激励机制。鼓励职工长缴多得、多缴多得、晚退多得。基础养老金计发比例与个人累计缴费年限挂钩，基础养老金计发基数与个人实际缴费挂钩，个人账户养老金根据个人退休年龄、个人账户储存额等因素确定。 | Article 4: The State is to improve the incentive mechanisms for old-age insurance. Employees are encouraged to contribute for longer periods, make larger contributions, or delay retirement to receive higher payments. The percentages used to determine basic pension benefits are to be linked to an individual’s cumulative contribution period, the base for determining basic pension benefits is to be linked to the individual’s actual contributions, and the individual’s personal-account pension benefits are to be determined based on factors including their retirement age and the balance of their personal account. |
| 第五条 国家实施就业优先战略，促进高质量充分就业。完善就业公共服务体系，健全终身职业技能培训制度。支持青年人就业创业，强化大龄劳动者就业岗位开发，完善困难人员就业援助制度。加强对就业年龄歧视的防范和治理，激励用人单位吸纳更多大龄劳动者就业。 | Article 5: The State implements an employment-first strategy and promotes high-quality and full employment. [It] will improve the public services system for employment and improve the system of lifelong vocational skills training. [It] will support young people in securing jobs and starting businesses, strengthen the development of employment opportunities for older workers, and improve the employment assistance system for people facing difficulties. [It] will increase efforts to prevent and address age discrimination in employment and incentivize employers to hire more older workers. |
| 第六条 用人单位招用超过法定退休年龄的劳动者，应当保障劳动者获得劳动报酬、休息休假、劳动安全卫生、工伤保障等基本权益。 国家加强灵活就业和新就业形态劳动者权益保障。 国家完善带薪年休假制度。 | Article 6: Employers who hire workers over the statutory retirement ages must ensure the basic rights and interests of these workers, such as receiving compensation for their labor, rest and leave, occupational safety and health protections, and workers’ compensation. The State is to all strengthen protections for the rights and interests of workers in flexible employment and in new forms of employment. The State is to improve the system of paid annual leave. |
| 第七条 对领取失业保险金且距法定退休年龄不足一年的人员，领取失业保险金年限延长至法定退休年龄，在实施渐进式延迟法定退休年龄期间，由失业保险基金按照规定为其缴纳养老保险费。 | Article 7: For an individual who receives unemployment benefits and who will reach the statutory retirement age in less than one year, the duration of their unemployment benefits will be extended until they reach the statutory retirement age; during the period of gradually raising the statutory retirement ages, the unemployment insurance fund is to pay their old-age insurance premiums in accordance with provisions. |
| 第八条 国家规范完善特殊工种等提前退休政策。从事井下、高空、高温、特别繁重体力劳动等国家规定的特殊工种，以及在高海拔地区工作的职工，符合条件的可以申请提前退休。 | Article 8: The State is to standardize and improve the early retirement policies for special types of work. Workers engaged in special types of work as provided by the State, such as underground work, high-altitude work, high-temperature work, and exceptionally heavy physical labor, as well as those working in high-elevation areas, may apply for early retirement if they meet the requirements. |
| 第九条 国家建立居家社区机构相协调、医养康养相结合的养老服务体系，大力发展普惠托育服务体系。 | Article 9: The State is to establish an eldercare service system that coordinates home care and community services and integrates medical care and health care; and is to vigorously develop an inclusive childcare service system. |
| 附件： 1. 男职工延迟法定退休年龄对照表 2. 原法定退休年龄五十五周岁的女职工延迟法定退休年龄对照表 3. 原法定退休年龄五十周岁的女职工延迟法定退休年龄对照表 4. 提高最低缴费年限情况表 ［附件略］ | Annexes: 1. Comparison Table for the Raised Statutory Retirement Age for Male Employees 2. Comparison Table for the Raised Statutory Retirement Age for Female Employees Whose Original Statutory Retirement Age Was 55 3. Comparison Table for the Raised Statutory Retirement Age for Female Workers Whose Original Statutory Retirement Age Was 50 4. Table on the Increase in Minimum Contribution Period [Annexes omitted.] |
- See, e.g., 苏元华 [Su Yuanhua], 关于完善我国授权立法制度的几个问题 [Several Issues on Improving China’s System of Delegated Lawmaking], 人大研究 [People’s Cong. Stud.], no. 9, 2005, at 25, 26. ↩︎
- In June 2024, the NPCSC approved a decision authorizing the temporary relaxation of certain food-safety regulations in Hainan, after a rare second review. Even so, it did not release a draft for public comment between the two reviews. ↩︎
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