Decree 50/2022/ND-CP available: To increase the retirement age for public employees in Vietnam

I read in the newspaper that the Government has just increased the retirement age for public employees. What is the content of this regulation and to whom does it apply?

On August 2, 2022, the Government issued Decree 50/2022/ND-CP regulating retirement at an older age for public employees in public non-business units.

Public officials eligible for increasing retirement age

The Decree applies to the following subjects:

- Officials with the titles of Professor, Associate Professor;

- Officials holding professional titles that require training qualifications are Doctorate or Specialty II;

- Forensic examiners, forensic psychiatrists;

- Professional and highly technical public employees in a number of specific non-business fields as prescribed by specialized laws.

At the same time, the Decree clearly states that the principle of implementing retirement at an older age is to ensure objectivity, fairness, publicity, and compliance with regulations.

Public employees' retirement age should not extend more than 5 years (60 months).

The retirement age for public employees shall not exceed 5 years (60 months), beginning when the public employee reaches the retirement age as defined in Decree 135/2020/ND-CP.

During the period of retirement at an older age, public employees only perform professional duties, do not hold leadership or management positions, and they are not entitled to reserve allowances for leadership positions.

During the period of retirement at a later age, if the public employee wishes to retire from work or the non-business unit no longer needs it, his/her retirement regime shall be settled according to the provisions of law.

Conditions for retirement at a higher age for public employees

An officer may retire at an older age if the following conditions are met:

- Public non-business units in need;

- Have sufficient health;

- Not being considered for disciplinary action, being investigated, prosecuted, tried or disciplined in relation to the party or government, and having an application for extension of working time.

Procedures for consideration and decision on retirement at a higher age for public employees

Procedures for consideration and extension of working time are as follows:

- Annually, the public non-business unit, based on the development orientation, human resource situation of the organization and the requirements of the job position, announces the policy and the need to extend the working time;

- Public employees who satisfy the prescribed conditions, submit an application to extend their working time and send them to the competent authorities according to their management decentralization for a decision on extension at least 06 months before the time of retirement;

- Competent authorities shall, based on management decentralization, consider and evaluate the conditions of public employees wishing to extend working time, policies, and needs of public non-business units; consider and decide on the extension of working time, the length of time to be extended for each case of public employees;

- The decision to extend the working time of public employees shall be sent to relevant organizations and individuals at least 03 months before the time of retirement.

Decree 50/2022/ND-CP takes effect from August 15, 2022.

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