Can the state officials be able to extend their working term at public semi-indepandent instutions in the coming time in Vietnam?
What age is considered elderly to retire?
Pursuant to Article 2 of the Law on Elderly 2009 on the concept of elderly people are as follows:
Article 2. The elderly
The elderly defined in this Law are Vietnamese citizens aged full 60 or over.
What age can you retire in normal working conditions?
According to Clause 2, Article 3 of the Decree on late retirement for officials in public semi-indepandent instutions in 2022 (Draft 3):
"2. The retirement age for officials shall not exceed 5 years (60 months), counting from the time the public employee reaches the retirement age prescribed in Article 4 of Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulates the retirement age."
According to Article 4 of Decree 135/2020/ND-CP on the retirement age under normal working conditions, as follows:
- The retirement age of employees under normal working conditions according to Clause 2, Article 169 of the Labor Code 2019 is specified as follows:
1. Since January 1, 2021, the retirement age of employees under ordinary working conditions are 60 years 3 months for male employees and 55 years 4 months for female employees; and the age increases by 3 months for male employees each successive year until he reaches 62 in 2028 and increases by 4 months for female employees each successive year until she reaches 60 in 2035.
2. The roadmap to adjust the retirement ages of employees specified in clause 1 shall be done as follows:
Male employees | Female employees | ||
Retirement year | Retirement age | Retirement year | Retirement age |
2021 | 60 years 3 months | 2021 | 55 years 4 months |
2022 | 60 years 6 months | 2022 | 55 years 8 months |
2023 | 60 years 9 months | 2023 | 56 years |
2024 | 61 years | 2024 | 56 years 4 months |
2025 | 61 years 3 months | 2025 | 56 years 8 months |
2026 | 61 years 6 months | 2026 | 57 years |
2027 | 61 years 9 months | 2027 | 57 years 4 months |
From 2028 | 62 years | 2028 | 57 years 8 months |
|
| 2029 | 58 years |
|
| 2030 | 58 years 4 months |
|
| 2031 | 58 years 8 months |
|
| 2032 | 59 years |
|
| 2033 | 59 years 4 months |
|
| 2034 | 59 years 8 months |
|
| From 2035 | 60 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 I hereto appended.
Who are officials allowed the late retirement?
According to Article 2 of the Decree on late retirement for officials in public semi-independent instutions in 2022 (Draft 3), officials who are allowed the late retirement include:
- This Decree applies to public semi-indepandent instutions, agencies, organizations and units according to management decentralization competence and public employees with high technical qualifications in public semi-indepandent instutions in Vietnam.
- Officials with high qualifications public semi-indepandent instutions, including:
- Officials with the Professorship, Associate Professorship;
- Officials holding first-class professional titles with a doctorate or a specialization II;
- Officials working in a number of specific career fields of the medical industry: Forensic examiners, forensic psychiatrists.
Pursuant to Article 4 of the Decree on late retirement for officials in public semi-independent instutions in 2022 (Draft 3), conditions, order and procedures for consideration and decision on late retirement for officials are as follows:
Late retirement
Officers with high professional and technical qualifications in public semi-indepandent instutions who have reached the retirement age may extend their working time to perform professional tasks, may not hold managerial positions and may not reserve their managerial position allowance if they fully meet the following conditions:
- Being in good health, not being under consideration for disciplinary action, being investigated, prosecuted, tried or disciplined for the party or government and submitting an application for extension of working time;
- Public semi-independent instutions with needs;
- Being agreed and decided by competent authorities.
Order and procedures for consideration and extension of working time
- Annually, public semi-indepandent instutions shall base on the development orientation, human resource situation of the organization and the requirements of the job position,announce the policy and need to extend the working time;
- Officials who meet the prescribed conditions,have written requests are allowed to extend the working time, send them to the competent level according to the decentralized management decision to prolong before the retirement time of at least 06 months;
- Competent authorities at the level of management shall consider and evaluate the conditions of officials who wish to be extended working time for consideration and decision;
- The decision to extend the working time of officials°shall be sent to the organizations and individuals concerned at least 03 months before retirement.
Thus, if your grandfather belong to the above-mentioned subject with meeting fully conditions, he can retire at a higher age. However, the Vietnam Law allow retirement at an age no more than 05 years old than the provisions of the current law. The conditions, order and procedures for extension of working time for officials are showed above.
Thư Viện Pháp Luật
