How are retired public employees who are unable to compensate for damages handled? In which cases can public employees postpone their retirement date?
How is a public employee who retires but is unable to compensate for damages handled?
According to the provisions of Clause 3, Article 25 of Decree 27/2012/ND-CP which stipulates the principles of handling compensation and repayment responsibilities, as follows:
Principles of Handling Compensation and Repayment Responsibilities
1. It is necessary to base on the fault, the nature of the damaging act, the actual extent of the property damage caused to decide the level and manner of compensation and repayment to the unit, ensuring objectivity, fairness, and transparency.
2. The public employee who causes damage is responsible for compensation and repayment according to the decision of the head of the public service provider or the competent authority. If the public employee is unable to compensate in full at once, 20% (twenty percent) of the monthly salary will be deducted until full compensation is made according to the decision of the competent authority.
3. In case a public employee who causes damage is transferred, retired, or resigns, he or she must complete compensation and repayment before transferring, retiring, or resigning; if they are unable to compensate, the public service provider managing the public employee must cooperate with the new agency, organization, unit, or the local government where the public employee resides to continue collecting compensation until full repayment is made according to the decision of the competent authority.
If the public service provider managing the public employee who caused the damage is dissolved or merged, the successor agency, organization, or unit is responsible for continuing to collect compensation until full repayment is made according to the decision of the competent authority.
In case the public employee who caused the damage is sentenced to prison without suspended sentence, the execution agency is responsible for collecting compensation according to the effective verdict or decision of the court.
...
Thus, the public employee must take responsibility to pay back the compensation amount before retiring. If the retired public employee is unable to pay, the public service provider managing the retired public employee can cooperate with the new agency, organization, unit, or the local government where the public employee resides to continue collecting compensation until full repayment is achieved.
How is a public employee who retires but is unable to compensate for damages handled? In which cases is the retirement date postponed for a public employee?
In which cases is the retirement date postponed for a public employee?
According to Article 59 of Decree 115/2020/ND-CP which stipulates the retirement procedures for public employees are regulated as follows:
- The retirement date is the 1st day of the month following the month in which the public employee reaches the retirement age as prescribed.
- The retirement date can be postponed in the following cases:
+ No more than 1 month in case of: The retirement date coincides with the Lunar New Year holidays; the public employee has a spouse, parent (of self or spouse), or child who passed away or has been declared missing by a court; the public employee and their family suffer damage due to natural disasters, wars, or fire.
+ No more than 3 months in case of serious illness or accident with a hospital certificate.
+ No more than 6 months in case of undergoing treatment for an illness listed among the long-term treatment illnesses issued by the Ministry of Health, with a hospital certificate.
- If a public employee qualifies for multiple categories where the retirement date can be postponed, only the category with the longest postponement period can be applied.
When does the managing unit of a public employee issue the retirement decision for a public employee?
According to Clause 7, Article 59 of Decree 115/2020/ND-CP regarding provisions related to the retirement decision:
Provisions related to the retirement decision:
a) 3 months before the retirement date as stipulated in Clauses 1, 2, 3, and 4 of this Article, the managing agency, unit of the public employee must issue a retirement decision;
b) Based on the retirement decision from point a of this Clause, the managing agency, unit of the public employee must cooperate with the social insurance organization to complete the procedures so that the public employee can enjoy social insurance benefits when retiring;
c) The public employee who retires is responsible for handing over files, documents, and ongoing work to the assigned successor at least 3 working days before the retirement date;
d) From the retirement date specified in the retirement decision, the public employee is entitled to retire and receive social insurance benefits as prescribed.
3 months before the retirement date as stipulated in Clauses 1, 2, 3, and 4 of Article 59 of Decree 115/2020/ND-CP, the managing agency, unit of the public employee must issue a retirement decision.
LawNet