03 conditions for retirement at an older age in Vietnam

Vietnamese officials shall retire upon reaching the retirement age as prescribed by law. However, in certain cases, Vietnamese officials may retire at an older age.

Extending  Retirement  Age

03 conditions for retirement at an older age in Vietnam (Illustrative image)

Officials who wish to retire at an older age must meet 03 conditions as follows:

1. Be eligible for late retirement

According to the provisions in Article 2 of Decree 53/2015/ND-CP and Article 1 of Decree 104/2020/ND-CP, the following officials are eligible for late retirement:

- Female officials holding the positions and titles below:

+ Deputy heads of Central Committees of the Communist Party; Deputy Chiefs of Central Offices of the Communist Party; Vice Chairpersons of Central Inspection Committee of the Communist Party

+ Vice Chairpersons of the Office of the President; Vice Chairpersons of the Office of the National Assembly of Vietnam;

+ Vice Chairpersons presiding Ethnic Minorities Council of the National Assembly of Vietnam; Vice Chairpersons presiding committees of the National Assembly of Vietnam;

+ Deputy ministers; deputies of ministerial agencies; heads of Governmental agencies;

+ Vice Chairpersons presiding Central Committee of the Vietnam Fatherland Front; deputies of central socio-political organizations;

+ Vice Director of Ho Chi Minh Academy of Politics; Vice Editor in chief of the Nhan Dan newspaper, Vice Editor in chief of the Communist Review; Director of the National Politics – Truth Publishing House;

+ Officers serving in armed forces with general ranks or higher;

+ Deputy Secretary of Executive Communist Committees of provinces and municipalities; Chairpersons of People’s Councils and People’s Committees of provinces and central-affiliated cities;

+ Vice-Chairpersons of People’s Councils and People’s Committees of Hanoi and Ho Chi Minh City;

+ Members of Standing Committees cum heads of Executive Communist Committees of Hanoi and Ho Chi Minh cities.

+  Members of the Standing Committee of provincial and municipal CPV committees who are ethnic minorities.

- Justices of the Supreme People’s Court, Prosecutors of the People’s Supreme Procuracy of Vietnam.

Thus, the first condition for officials wishing to retire at an older age is to hold one of the positions and titles eligible for late retirement. For female officials, there are 21 positions eligible for late retirement. For the positions of Justices of the Supreme People's Court and Procurators of the Supreme People's Procuracy, both male and female officials are applicable.

2. Have adequate health to perform duties

According to Clause 1, Article 4 of Decree 53/2015/ND-CP, an official will be eligible for retirement at an older age if he/she has adequate health to perform his/her duties.

This condition is appropriate since the retirement age of officials, in particular, and employees, in general, is determined based on the health factor of the worker. At a certain age, the health of the employee will decline, necessitating rest. However, the health status of each individual in different conditions and periods will change. Therefore, if officials still have sufficient health to perform their duties and responsibilities, they may be allowed to retire at an older age.

3. Do not undergo any process of disciplinary actions, investigations, prosecution, or adjudication by the Communist Party of Vietnam or the Government of Vietnam

Under Clause 1, Article 4 of Decree 53/2015/ND-CP an official will be eligible for retirement at an older age if he/she has not undergone any process of disciplinary actions, investigations, prosecution, or adjudication by the Communist Party of Vietnam or Government of Vietnam

Therefore, officials wishing to retire at an older age must, in addition to having adequate health to perform duties, also effectively perform their duties during their tenure. Meeting this condition demonstrates the qualities and capabilities of the officials, which is an important criterion for considering whether to continue entrusting them with their responsibilities.

Thuy Tram

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