How to Handle Civil Servants' Retirement Overlapping with the Tet Holiday?

Dear Lawyer,I am a commune official who is approaching retirement age and have a question regarding the situation when an official retires coinciding with the Lunar New Year holidays. How should this be resolved?

Clause 2, Article 9 of Decree 46/2010/ND-CP stipulates that the retirement time can be postponed in the following cases:

a) No more than 01 month for any of the following cases: the retirement time coincides with the Lunar New Year holiday; the official has a spouse, parent (spouse's parent), or child who has passed away or is declared missing by the court; the official and their family suffer damage due to natural disasters, war, or fire;

b) No more than 03 months for any of the following cases: suffering from a serious illness or accident with a hospital's confirmation;

c) No more than 06 months for cases under treatment for illnesses listed as long-term treatment diseases issued by the Ministry of Health, with a hospital's confirmation.

  1. An official eligible for postponement of retirement time under multiple cases specified in Clause 2 of this Article may only execute the provision for the case with the longest allowable postponement time.

  2. The agency, organization, or unit managing the official shall decide on the postponement of the retirement time according to the provisions in Clause 2 of this Article, except in cases where the official does not wish to postpone the retirement time.

Thus, if you are an official and your retirement time coincides with the Lunar New Year holiday, the retirement time may be postponed, but not by more than 1 month.

Respectfully!

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