How to determine the retirement time of civil servants in Vietnam? In what cases is the retirement time of civil servants postponed?

Main Content

• How to determine the retirement time of civil servants in Vietnam?
• In what cases is the retirement time of civil servants postponed?
• When must agencies, organizations or units managing the civil servants notify the retirement time of civil servants in Vietnam?
• When must agencies, organizations or units managing the civil servants issue retirement decisions in Vietnam?

How to determine the retirement time of civil servants in Vietnam?

Pursuant to Clause 1, Article 9 of Decree 46/2010/ND-CP stipulating as follows:

Determination of retirement time

1. The retirement time is the 1st of the month following the month the civil servants reach the prescribed full retirement ages.

If civil servants' files do not clearly state the birth day and month in the year, the retirement time will be January Is' of the year following the year the civil servants reach the prescribed full retirement ages.

Thus, the retirement time of civil servants is the 1st of the month following the month the civil servants reach the prescribed full retirement ages.

Note: If civil servants' files do not clearly state the birth day and month in the year, the retirement time will be January Is' of the year following the year the civil servants reach the prescribed full retirement ages.

How to determine the retirement time of civil servants in Vietnam? In what cases is the retirement time of civil servants postponed?

In what cases is the retirement time of civil servants postponed?

Pursuant to Article 9 of Decree 46/2010/ND-CP, the retirement time will be postponed in one of the following cases:

- For not more than 1 month, in any of these cases: The retirement time coincides with Tet (Lunar New Year) holidays: civil servants' spouses, parents (natural and in-law) or children die or are declared missing by courts; civil servants or their families suffer damage caused by natural disasters, enemy sabotage or fires:

- For not more than 3 months, in one of these cases: They suffer from serious illness or accidents as certified in writing by hospitals;

- For not more than 6 months, for those who are receiving treatment of diseases on the Health Ministry- promulgated list of diseases requiring prolonged treatment, with written certifications of hospitals.

Note: If a civil servant falls into more titan one case of retirement time postponement as prescribed, only the longest retirement time postponement will apply.

Agencies, organizations or units managing civil servants shall decide on the postponement of retirement time as prescribed, unless civil servants do not wish for postponement their retirement time.

When must agencies, organizations or units managing the civil servants notify the retirement time of civil servants in Vietnam?

Pursuant to the provisions of Article 10 of Decree 46/2010/ND-CP stipulating as follows:

Retirement notices

Six months before the retirement time defined in Article 9 of this Decree, agencies, organizations or units managing the civil servants shall issue written notices of retirement lime for civil servants to know, made according to the form provided in Appendix I to this Decree (not printed herein), and prepare the replacements.

Thus, agencies, agencies, organizations or units managing the civil servants shall issue written notices of retirement lime for civil servants and prepare the replacements.

When must agencies, organizations or units managing the civil servants issue retirement decisions in Vietnam?

Pursuant to the provisions of Article 11 of Decree 46/2010/ND-CP stipulating as follows:

Retirement decisions in Vietnam

1. Three months before the retirement time defined in Article 9 of this Decree, agencies, organizations or units managing the civil servants shall issue retirement decisions made according to the form provided in Appendix II to this Decree (not printed herein).

2. Based on the retirement decisions prescribed in Clause 1 of this Article, agencies, organizations or units managing the civil servants shall coordinate with social insurance organizations in carrying out the procedures according to regulations so that civil servants can enjoy the social insurance regimes when they retire.

3. Retiring civil servants shall hand over dossiers, documents and their current work to persons assigned to accept them before the retirement time staled in the retirement decisions

4. From the retirement time stated in retirement decisions, civil servants may retire and enjoy the prescribed social insurance regimes.

5. For civil servants in public service providers who possess the specialized training qualifications and reach the retirement time prescribed in Article 9 of this Decree, the following provisions will apply:

a/ If they aspire and meet the standards and conditions on prolongation of retirement ages for civil servants, 3 months before their retirement time prescribed in Article 9 of this Decree, the agencies, organizations or units managing such civil servants shall issue decisions to relieve them from leadership or managerial positions to work as civil servants, then carry out procedures to prolong their working duration under (the law on civil servants. The time for relief from managerial positions will begin from the time of reaching the retirement age.

b/ If they do not aspire to prolong their working duration when reaching the retirement age, the agencies, organizations or units managing those civil servants shall carry out the retirement procedures under Articles 9 and 10 and Clauses 1. 2. 3 and 4. Article 11 of this Decree.

Thus, agencies, organizations and units managing civil servants must issue retirement decisions before 03 months from the retirement time according to the provisions of Article 9 of Decree 46/2010/ND-CP.

Note: For civil servants in public service providers who possess the specialized training qualifications and reach the retirement time prescribed in Article 9 of Decree 46/2010/ND-CP, the following provisions will apply:

- If they aspire and meet the standards and conditions on prolongation of retirement ages for civil servants, 3 months before their retirement time prescribed in Article 9 of Decree 46/2010/ND-CP, the agencies, organizations or units managing such civil servants shall issue decisions to relieve them from leadership or managerial positions to work as civil servants, then carry out procedures to prolong their working duration under (the law on civil servants.

The time for relief from managerial positions will begin from the time of reaching the retirement age.

- If they do not aspire to prolong their working duration when reaching the retirement age, the agencies, organizations or units managing those civil servants shall carry out the retirement procedures under Articles 9 and 10 and Clauses 1, 2, 3 and 4, Article 11 of Decree 46/2010/ND-CP.