Who has the authority to postpone the retirement date of public school teachers in Vietnam?

Who has the authority to postpone the retirement date of public school teachers in Vietnam?

Pursuant to Article 59 of Decree 115/2020/ND-CP:

Retirement procedures

1. The retirement date is the first day of the month immediately following the month the public employee reaches retirement age as prescribed.

2. The retirement date is delayed in the following cases:

a) No more than 01 month for one of the following cases: The retirement date coincides with the Lunar New Year holiday; the public employee has a spouse, father, mother (of the spouse), or child who passed away, is declared missing by the court; the public employee and their family suffer damage due to natural disasters, enemy sabotage, or fire;

b) No more than 03 months in case of severe illness or accident with a hospital certificate;

c) No more than 06 months in case of ongoing treatment for a disease listed by the Ministry of Health as requiring long-term treatment, with a hospital certificate.

3. If the public employee is eligible for a delay in retirement for multiple reasons as specified in Clause 2 of this Article, the extension is granted for the case with the longest allowable delay.

4. The head of the agency or unit with the authority to manage the public employee decides on the postponement of the retirement date in accordance with Clause 2 of this Article.

5. If the public employee does not wish to delay the retirement date as stipulated in Clause 2 of this Article, the head of the agency or unit managing the public employee will resolve for the public employee to retire according to the provisions of Clause 1 of this Article.

6. Six months before the retirement date as stipulated in Clauses 1, 2, 3, and 4 of this Article, the agency or unit managing the public employee must issue a written notice of the retirement date for the public employee to know and prepare a replacement.

...

Thus, the head of the agency or unit with authority over the management of public employees decides whether to postpone the retirement date of public school teachers.

Additionally, public school teachers must fall under the cases eligible for a delay in the retirement date, including:

- The retirement date coincides with the Lunar New Year holiday; the public employee has a spouse, father, mother (of the spouse), or child who passed away, is declared missing by the court; the public employee and their family suffer damage due to natural disasters, enemy sabotage, or fire (delay of up to 01 month).

- Severe illness or accident with a hospital certificate (delay of up to 03 months).

- Ongoing treatment for a disease listed by the Ministry of Health as requiring long-term treatment, with a hospital certificate (delay of up to 06 months).

Who has the authority to postpone the retirement date of public school teachers in Vietnam? (Image from the Internet)

When will public school teachers in Vietnam receive their retirement decision?

Pursuant to Article 46 of Law on Public Employees 2010:

Pension regime

1. Public employees are entitled to pensions as stipulated by labor and social insurance laws.
2. Six months before the public employee's retirement, the agency, organization, or unit managing the public employee must issue a written notice of the retirement date; three months before the public employee's retirement, the agency, organization, or unit managing the public employee must issue a retirement decision....

Thus, public school teachers will receive their retirement decision three months before their retirement date.

is it possible for public school teachers in Vietnam sign work contracts after retirement?

Pursuant to Article 60 of Decree 115/2020/ND-CP, the policies and management mechanisms for retired public employees signing work contracts with public service providers are as follows:

Policies and management mechanisms for retired public employees signing work contracts with public service providers

1. Retired public employees signing work contracts with public service providers, besides receiving a pension as prescribed, are also entitled to remuneration as agreed in the signed contract.

2. Public service units must ensure working conditions serving the professional activities stipulated in the work contract, including the public employee's professional activity rights as specified in Clauses 1, 3, 4, 5, 6, and Clause 7 of Article 11 of the Law on Public Employees.

3. The working regime and time for retired public employees are specifically stipulated in the work contract signed with the public service provider.

Thus, public school teachers can sign work contracts after retirement. The working regime and time for retired public school teachers are specifically stipulated in the work contract signed with the public service provider.

In what cases are public school teachers in Vietnam entitled to a lump-sum allowance upon retirement?

Pursuant to Article 75 of Law on Social Insurance 2014, lump-sum allowances upon retirement are as follows:

Lump-sum allowances upon retirement

1. Employees who have paid social insurance premiums for a period exceeding the years corresponding to the 75% pension rate are entitled to a lump-sum allowance upon retirement, in addition to their pension.

2. The lump-sum allowance is calculated based on the number of years of social insurance payments higher than the number of years corresponding to the 75% pension rate; for each year of paying social insurance premiums, it is equal to 0.5 months of the average monthly income used to calculate social insurance.

Thus, public school teachers are entitled to a lump-sum allowance upon retirement if the period of paying social insurance premiums exceeds the number of years corresponding to the 75% pension rate.