Hanoi-Vietnam: From September 29, public employees may extend the period of holding their positions until they reach retirement age

Hanoi-Vietnam: From September 29, public employees may extend the period of holding their positions until they reach retirement age (Illustration image)

Specifically, according to the provisions of Decree 115/2020/ND-CP (effective from September 29, 2020), if a public employee's period of holding positions ends and he or she must continue working less than 2 years until retirement age, the appointing authority can consider extending their period of holding positions, provided they meet the required standards and conditions.

Article 52 of Decree 115/2020/ND-CP outlines the procedure to extend the period of holding positions until retirement age as follows:

1. No later than 90 days before the end of the public employee’s period of holding positions, the appointing authority must issue a notice to consider the extension of the period of holding positions until the retirement age.

2. The public employee must submit a self-assessment report on their job performance during their period of holding positions to the head of the appointing agency.

3. The leadership collective of the unit will discuss and review if the public employee is still healthy, reputable, and meets the job requirements, and will vote by secret ballot to decide on the extension of the period of holding positions until retirement age. (Note: The proposal to extend the period of holding positions must receive more than 50% of the votes from the leadership collective; if it receives exactly 50%, the head of the unit will decide and report other opinions to the proper authority for review.)

4. The head of the public service provider will decide or submit to the proper authority for a decision on extending the period of holding positions until retirement age.

Therefore, based on the above regulations, if a public employee's period of holding positions ends and he or she must continue working less than 2 years until retirement age, the appointing authority can consider and decide on an extension if they meet the required standards and conditions. The dossier to request the extension includes:

• A proposal for the extension signed by the head of the agency (if submitted to a higher authority) or signed by the head of the organizing personnel unit (if decided by the head of the agency).
• Minutes of the leadership meeting and voting results on the extension of the period of holding positions.
• A resume personally filled out by the public employee, verified by the managing unit, with a 4x6 color photo taken within the last 6 months.
• A self-assessment report on job performance during the period of holding positions.
• The competent authority’s conclusion on political standards.
• Comments from the party cell at the public employee’s place of residence on the public employee and their family. If the public employee's residence differs from their family’s, comments from both places are required.
• A declaration of assets and income.
• A health certificate issued by a competent medical institution within the last 6 months.

Compared to previous regulations, Decree 115/2020/ND-CP has a completely new provision allowing the extension of the period of holding positions for public employees until retirement age. This regulation is intended to facilitate public employees managing their duties well even when their period of holding positions is about to end with less than 2 years until retirement age.

Ty Na

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