Procedures for extending the period of holding a position for public employees reaching retirement age in Vietnam in Vietnam

Procedures for extending the period of holding a position for public employees reaching retirement age in Vietnam in Vietnam (Internet image)

1. Time, duration, and principles for extending the period of holding a position for public employees reaching retirement age in Vietnam

Time, duration, and principles for extending the period of holding a position reaching retirement age for public employees according to Article 49 of Decree 115/2020/ND-CP are as follows:

(1) When a management officer expires according to regulations, the agency or unit with appointment authority must conduct a process to consider reappointment or extend the period of holding the management position.

In case the process of reappointment or extension of the management position as prescribed in (5) of this section has not been carried out, the agency or unit with appointment authority must issue a written notice to let the unit and officials know.

(2) When the management officer expires, up to the month of full retirement age, and has less than 05 years of service remaining, the appointment term is calculated until the time of full retirement age according to regulations.

In cases where the month of full retirement is less than 02 years of service, the agency or unit with appointment authority will consider whether the standards and conditions are met.
then decide to extend the management position until the prescribed retirement age.

(3) The decision to reappoint or extend the management position must be issued at least 01 working day before the appointment period expires.

(4) In cases where a manager has not made a decision to reappoint or extend the term of the management position at the end of his or her appointment, a competent agency or unit is not allowed to perform the responsibilities, duties, and authority of the current management position.

The implementation of the responsibilities, duties, and authority of that management position is considered and decided by the agency or unit with appointing authority.

(5) Cases where the process of reappointment or extension of the management position has not been carried out:

- The management officer is under disciplinary action, is being investigated, prosecuted, or tried;

- Management officials are being sent by competent agencies or units to study or work abroad for 3 months or more;

- Management officials are undergoing inpatient treatment for 3 months or more at medical facilities or are on maternity leave.

2. Documents for extending the period of holding a position for public employees reaching retirement age in Vietnam

Documents for extending the period of holding a position until retirement age for public employees according to Clause 2, Article 53 of Decree 115/2020/ND-CP include:

- Proposal on the request to extend the time holding the position until retirement age signed by the head of the agency or unit (for cases submitted to competent superiors for decision) or signed by the head of the staff organization advisory department (in case the head of the agency decides).

- Meeting minutes and vote counting results requesting extension of time holding the management position of the unit's leadership team;

- Curriculum vitae self-declared by the individual according to the prescribed form, confirmed by the direct management unit, with a 4x6 color photo, taken within no more than 06 months;

- A self-assessment evaluating the performance of responsibilities and duties during the term of holding the position;

- Conclusion of the competent party committee on political standards;

- Comments from the Party Committee of the place of residence for yourself and your family. In case your place of residence is different from your family's place of residence, you must get comments from the Party Committee where you reside and where your family resides;

- Declaration of assets and income according to the prescribed form;

- Health certificate issued by a competent medical facility within 06 months.

3. Procedures for extending the period of holding a position for public employees reaching retirement age in Vietnam

According to Article 52 of Decree 115/2020/ND-CP, the procedures for extending the period of holding a position for public employees reaching retirement age in Vietnam are as follows:

- At least 90 days before the expiration date of the appointment, the agency or unit with appointing authority must issue a notice to consider extending the period of holding a management position until the retirement age for public employees.

- The officer makes a self-comment report, evaluating the performance of responsibilities and tasks during the term of holding the position and sends it to the head of the agency or unit with appointing authority.

- The unit's leadership team organizes discussions and reviews to see if the officer is still in good health, reputable, and can meet task requirements then unanimously voted by secret ballot to extend the term of office until retirement age.

Personnel requested to extend their term of office until retirement age must reach the agreement of over 50% of the total number of members of the leadership team; In case the personnel ratio reaches 50%, it will be decided by the leader; At the same time, fully report different opinions for competent authorities to consider and decide.

The head of a public service unit shall make a decision according to its authority or submit it to a competent agency or unit to consider and decide on extending the period of holding a management position until the retirement age for public employees.

Quoc Dat

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