Regulations on determining the retirement time for civil servants in Vietnam

Regulations on determining the retirement time for civil servants in Vietnam (Internet image)

1. Determining the retirement time for civil servants in Vietnam

According to Article 1 of Decree 46/2010/ND-CP, civil servants mentioned in Decree 06/2010/ND-CP, Civil servants who resign or retire due to reorganization shall comply with the Decree 132/2007/ND-CP (currently Decree 108/2014/ND-CP) is entitled to retirement specified in Decree 46/2010/ND-CP.

* The time of retirement is determined according to the provisions of Article 9 of Decree 46/2010/ND-CP as follows:

The retirement time is the lst of the month following the month the civil servants reach the prescribed full retirement ages.

If civil servants' files do not clearly state the birth day and month in the year, the retirement time will be January Is' of the year following the year the civil servants reach the prescribed full retirement ages.

The retirement time will be postponed in one of the following cases:

- For not more than 1 month, in any of these cases:

+ The retiremeng time coincides with Tet (Lunar New Year) holidays;

+ Civil servants' spouses, parents (natural and in-law) or children die or are declared missing by courts;

+ Civil servants or their families suffer damage caused by natural disasters, enemy sabotage or fires:

- For not more than 3 months, in one of these cases: They suffer from serious illness or accidents as certified in writing by hospitals;

- For not more than 6 months, for those who are receiving treatment of diseases on the Health Ministry- promulgated list of diseases requiring prolonged treatment, with written certifications of hospitals.

If a civil servant falls into more titan one case of retirement time postponement prescribed in Clause 2 of this Article, only the longest retirement time postponement will apply.

Agencies, organizations or units managing civil servants shall decide on the postponement of retirement time under Clause 2 of this Article, unless civil servants do not wish for postponement their retirement time.

2. Retirement notices for civil servants in Vietnam

According to Article 10 of Decree 46/2010/ND-CP, six months before the retirement time defined in Article 9 of Decree 46/2010/ND-CP, agencies, organizations or units managing the civil servants shall issue written notices of retirement lime for civil servants to know, made according to the form provided in Appendix I to this Decree (not printed herein), and prepare the replacements.

3. Retirement decisions for civil servants in Vietnam

The decision to retire for civil servants is specified in Article 11 of Decree 46/2010/ND-CP as follows:

- Three months before the retirement time defined in Section 1 , agencies, organizations or units managing the civil servants shall issue retirement decisions made according to the form provided in Appendix II to Decree 46/2010/ND-CP (not printed herein).

- Based on the retirement decisions prescribed in Article 11 of Decree 46/2010/ND-CP, agencies, organizations or units managing the civil servants shall coordinate with social insurance organizations in carrying out the procedures according to regulations so that civil servants can enjoy the social insurance regimes when they retire.

- Retiring civil servants shall hand over dossiers, documents and their current work to persons assigned to accept them before the retirement time staled in the retirement decisions

- From the retirement time stated in retirement decisions, civil servants may retire and enjoy the prescribed social insurance regimes.

* Note: For civil servants in public non-business units who possess the specialized training qualifications and reach the retirement time prescribed in Section 1, the following provisions will apply:

- If they aspire and meet the standards and conditions on prolongation of retirement ages for civil servants 3 months before their retirement time prescribed in Section 1, the agencies, organizations or units managing such civil servants shall issue decisions to relieve them from leadership or managerial positions to work as civil servants, then carry out procedures to prolong their working duration under (he law on civil servants.

The time for relief from managerial positions will begin from the time of reaching the retirement age:

- If they do not aspire to prolong their working duration when reaching the retirement age. the agencies, organizations or units managing those civil servants shall carry out the retirement procedures under Articles 9 and 10 and Clauses 1. 2. 3 and 4. Article 11 of Decree 46/2010/ND-CP .

Van Trong

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