Is dismissal a form of discipline for cadres in Vietnam? At what age will cadres be allowed to retire in Vietnam?

Is dismissal a form of discipline for cadres in Vietnam?

At Article 7 of Decree 112/2020/ND-CP there are regulations on disciplinary forms for cadres and public employees. function as follows:

1. Applicable to cadres

a) Reprimand.

b) Warning.

c) Demotion.

d) Dismissal.

2. Applies to civil servants who do not hold leadership or management positions

a) Reprimand.

b) Warning.

c) Lower salary level.

d) Forced resignation.

3. Applies to civil servants holding leadership and management positions

a) Reprimand.

b) Warning.

c) Demotion.

d) Demotion.

d) Forced resignation.

In Clause 1 Article 4 of the Law on Cadres and Civil Servants 2008 there are regulations on cadres and civil servants as follows:

1. Cadres are Vietnamese citizens who are elected, approved and appointed to hold posts or titles for a given term of office in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central level, in provinces and centrally run cities (below collectively referred to as provincial level), in districts, towns and provincial cities (below collectively referred to as district level), included in the payrolls and salaried from the state budget.

Based on current regulations in Vietnam, the Minister is considered a cadre. In addition, dismissal is not considered a form of discipline for cadres. Therefore, dismissal is not considered a form of discipline for the Minister.

Is dismissal a form of discipline for cadres in Vietnam? At what age will cadres be allowed to retire in Vietnam? (Image from the Internet)

At what age will cadres be allowed to retire in Vietnam?

At Article 31 of the Law on Cadres and Civil Servants 2008 there are regulations on retirement for cadres as follows:

1. Cadre may retire under the Labor Code.

2. Six months before the date a cadre is due to retire, his/her managing agency, organization or unit shall notify in writing the cadre of the exact time of retirement; three months before a cadre is due to retire, his/her managing agency, organization or unit shall issue a decision on his/ her retirement.

3. In special cases, cadres holding the post of minister, an equivalent or higher post may have his/her working time extended under regulations of competent agencies.

At Article 4 of Decree 135/2020/ND-CP there are regulations on retirement age under ordinary working conditions as follows: 

Retirement ages of employees under ordinary working conditions as prescribed in clause 2 Article 169 of the Labor Code are specified as follows:

1. Since January 1, 2021, the retirement age of employees under ordinary working conditions are 60 years 3 months for male employees and 55 years 4 months for female employees; and the age increases by 3 months for male employees each successive year until he reaches 62 in 2028 and increases by 4 months for female employees each successive year until she reaches 60 in 2035.

2. The roadmap to adjust the retirement ages of employees specified in clause 1 shall be done as follows:

Male employees		Female employees
Retirement year	Retirement age	Retirement year	Retirement age
2021	60 years 3 months	2021	55 years 4 months
2022	60 years 6 months	2022	55 years 8 months
2023	60 years 9 months	2023	56 years
2024	61 years	2024	56 years 4 months
2025	61 years 3 months	2025	56 years 8 months
2026	61 years 6 months	2026	57 years
2027	61 years 9 months	2027	57 years 4 months
From 2028	62 years	2028	57 years 8 months
		2029	58 years
		2030	58 years 4 months
		2031	58 years 8 months
		2032	59 years
		2033	59 years 4 months
		2034	59 years 8 months
		From 2035	60 years

The month and year of birth of the employee corresponding to retirement age mentioned in this clause shall be determined as prescribed in Appendix I hereto appended.

According to this Article, the retirement age of cadres will be implemented according to the Labor Code. Depending on the year of retirement, cadres will have different retirement ages in Vietnam.

What are regulations on obligations and rights of cadres in Vietnam?

At Article 22 of the Law on Cadres and Civil Servants 2008 there are regulations on obligations and rights of cadres as follows:

1. To perform the obligations and exercise powers defined in Chapter II and other relevant provisions of this Law.

2. To perform the obligations and exercise powers in accordance with the Constitution, laws and statutes of organizations of which they are members.

3. To take responsibility to the Party, State and people as well as competent agencies for the performance of obligations and exercise of powers as assigned.

Thus, cadres will have the rights and obligations listed above in Vietnam.

Best regards!