Can university lecturers of public schools be allowed to retire at an older age than the legal age in Vietnam?
- What is late retirement in Vietnam?
- What cases are allowed to retire at an older age than the legal age in Vietnam?
- Who is subject with high professional and technical qualifications to be considered for late retirement?
- Can university lecturers of public schools be allowed to retire at an older age than the legal age in Vietnam?
- Conditions, order and procedures for considering and deciding to retire at an older age for public employees in Vietnam
What is late retirement in Vietnam?
Late retirement means that an employee working at a public non-business unit has reached the retirement age but still wishes to work. At this time, the employee needs to be considered and must be approved and approved by the competent authority, the non-business agency, so that the employee can retire at an older age than the prescribed age.
What cases are allowed to retire at an older age than the legal age in Vietnam?
Pursuant to Clause 4, Article 169 of the 2019 Labor Code, cases are allowed to retire lately specified as follows:
"Article 169: Retirement ages
...
4. Retirement ages of skilled employees and employees in certain special cases may be older by up to 05 years than the retirement ages specified in Clause 2 of this Article, unless otherwise prescribed by law."
Thus, according to the above regulations, cases are allowed to retire lately include people with high professional and technical qualifications and some special cases.
Who is subject with high professional and technical qualifications to be considered for late retirement?
Pursuant to Article 2 of the Draft Decree on retirement at a higher age for public employees in public non-business units in 2022 , the specific provisions are as follows:
"Article 2. Subjects of application
1. This Decree applies to public non-business units, agencies, organizations and units according to management decentralization competence and public employees with high professional and technical qualifications in public non-business units. in public service units.
2. Public employees with high professional and technical qualifications in public non-business units, including:
a) Officials holding the titles of Professor or Associate Professor;
b) Officials holding a class I professional title with a doctorate degree or a specialization II;
c) Officials working in a number of "special" career fields of the medical industry: Forensic examiners, forensic psychiatrists."
Thus, officials with high professional and technical qualifications mentioned in Clause 4, Article 169 of the Labor Code 2019 include officials with the titles of Professor, Associate Professor; public employees holding professional titles of class I with a doctorate degree or a specialization II and public employees working in a number of specific career fields of the health sector; Forensic examiner, forensic examiner, forensic psychiatrist.
Can university lecturers of public schools be allowed to retire at an older age than the legal age in Vietnam?
According to Article 6 of the Draft Decree on retirement at a higher age for public employees in public non-business units in 2022 (Draft 3), the specific provisions are as follows:
"Article 6. Transition Terms
Officials holding the title of lecturer of a public higher education institution or an employee holding a scientific or technological title at a public science and technology institution who has been granted a decision on extension of time by a competent authority. Working time as prescribed by law from before the effective date of this Decree, the implementation will continue according to the decision of the competent authority. In case the competent authority extends the working period for public employees year by year, it shall continue to do so according to the decision of the competent authority and ensure that the extension period does not exceed 5 years according to the principle of: prescribed in Clause 2, Article 3 of this Decree."
Thus, university lecturers teaching at public schools are still allowed to retire at an older age than the prescribed age. Competent authorities have the right to decide to consider extending the working time as prescribed by law for lecturers teaching at public educational institutions.
Conditions, order and procedures for considering and deciding to retire at an older age for public employees in Vietnam
Conditions for considering and deciding to retire at an older age for public employees
According to Clause 1, Article 4 of the Draft Decree on retirement at a higher age for public employees in public non-business units in 2022 (Draft 3), conditions for consideration and decision to retire at an older age for officers as follows:
Public employees with high professional and technical qualifications in public non-business units, upon reaching retirement age, may extend their working time to perform professional tasks, may not hold managerial positions and are not entitled to additional reservations. granting a managerial position if the following conditions are fully satisfied:
- Be in good health, not in the process of being considered for disciplinary action, being investigated, prosecuted, tried or disciplined in relation to the party and government and have an applicationto extend the working time ;
- Public non-business units in need;
- Be approved and decided by the competent authority.
Order and procedures for considering and deciding to retire at a higher age for public employees
According to Clause 2, Article 4 of the Draft Decree on retirement at a higher age for public employees in public non-business units in 2022 (Draft 3), the order and procedures for considering and deciding to retire in the higher age for officers is:
- Annually, the public non-business unit based on the development orientation, "human resources situation of the organization" and the requirements of the job position, "notify the policy, and the need to extend the working time;
- Public employees who meet the prescribed conditions and have a written request to extend their working time shall be sent to competent authorities according to their management decentralization for a decision on extension at least 06 months before the time of retirement;
- Competent levels according to management decentralization consider and evaluate the conditions of public employees who wish to extend working time for consideration, decision;
-The decision on extension of working time of public employees shall be sent to relevant organizations and individuals at least 03 months before the time of retirement.
Thus, according to the above regulations, for your specific questions, we would like to answer your questions as follows: if your mother is a university lecturer teaching at a public educational institution, your mother can completely be retired at an older age. The authority in the public educational institution where your mother is teaching will have the power to extend your mother's tenure. However, the competent authority must ensure that the period does not exceed 05 years from the time your mother reaches the statutory retirement age. Above are the conditions and order and procedures for considering and deciding to retire at an highter age for public employees as prescribed in the Draft that we provide to you.
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