Additional subjects ineligible for retirement at an older age in Vietnam

On October 18, 2022, the government issued Decree 83/2022/ND-CP regulating retirement at an older age for civil servants.

Additional subjects ineligible for retirement at an older age in Vietnam​ (Source: Internet)

1. Additional subjects ineligible for retirement at an older age in Vietnam

According to Article 2 of Decree 83/2022/ND-CP, subjects who are cadres or civil servants who are entitled to retire at an older age include:

(1) Female cadres and civil servants holding the following positions and titles:

- Deputy Heads of Central Party Committees and agencies; Deputy Director of Ho Chi Minh National Academy of Politics; Deputy Editor-in-Chief of People's Newspaper; Deputy Editor-in-Chief of Communist Magazine;

- Vice Chairman of the Central Committee of the Vietnam Fatherland Front;

(Full-time Vice Chairman of the Central Committee of the Vietnam Fatherland Front according to the current regulations)

Vice Chairman of the Council for Ethnic Minorities; Vice Chairman of National Assembly Committees; Vice Chairman of the National Assembly Office;

(Full-time Vice Chairman of the National Assembly's Ethnic Minority Council; the full-time Vice Chairman of Committees of the National Assembly according to the current regulations)

- Deputy Chief Justice of the Supreme People's Court, Deputy Head of the Supreme People's Procuracy; (New rules added)

- Deputy ministers and deputy heads of ministerial-level agencies;

- Vice Chairman of the Office of the President, Deputy State Auditor General;

(Additional title: Deputy State Auditor General).

- Deputy heads of socio-political organizations at the central level;

- Deputy Secretary of the Provincial Party Committee; Party Committee, Party Committee of the block under the Central Government; Presidents of People's Councils, Presidents of People's Committees of provinces and centrally run cities;

(Addition to the title of Deputy Secretary of the Party Committee of the Central Committee)

- Member of the Central Inspection Commission; (New rules added)

- Director of the National Political Publishing House, Truth;

- Director of the Institute for Legislative Studies under the National Assembly Standing Committee; (New rules added)

President of Vietnam National University, Hanoi; President of Vietnam National University, Ho Chi Minh City; General Director of Vietnam Social Security; Chairman of the Management Board of the Ho Chi Minh Mausoleum; Chairman of the National Finance Supervisory Committee; Vice Chairman of the Committee for the Management of State Capital at Enterprises; (New rules added)

- Vice Chairman of the People's Council, Vice Chairman of the People's Committee of Hanoi and Ho Chi Minh City;

- Standing member of the Ethnic Council and Committees of the National Assembly; (New rules added)

- Member of the Standing Committee and Head of Party Committees of the Party Committees of Hanoi and Ho Chi Minh City;

- A member of the Standing Committee of the Provincial Party Committee and the City Party Committee is an ethnic minority.

(2) Civil servants appointed to the titles of Judge of the Supreme People's Court and Procurator of the Supreme People's Procuracy.

2. Subjects ineligible for retirement at an older age in Vietnam

Clause 3, Article 2 of Decree 83/2022/ND-CP stipulates that those who do not apply for retirement at an older age are as follows:

- Officers holding the position of a Minister or equivalent or higher;

- Cadres and civil servants specified in item (1) are members of the Party Central Committee;

- Assistant and secretary of the General Secretary, President, Prime Minister, President of the National Assembly, Standing Committee of the Secretariat, Member of the Politburo, Member of the Secretariat, Vice President of the State, Deputy Prime Minister, Vice Chairman of the National Assembly.

The retirement at an older age for the cases specified in item (2) shall comply with the provisions of the Party's competent authority.

3. Working time for cases of retirement at an older age in Vietnam

As per Article 4 of Decree 83/2022/ND-CP, the working period when retiring at an older age for cadres and civil servants is stipulated as follows:

- For cadres and civil servants specified in item (1), the working period upon retirement at an older age must not exceed 60 years.

- For the cases specified in item (2), the working period upon retirement at an older age shall not exceed 65 years for men and 60 years for women.

4. Principles of retirement at an older age in Vietnam

- Ensure objectivity, fairness, publicity and compliance with regulations.

- Agencies competent to decide to retire at an older age for cadres and civil servants as prescribed in this Decree must ensure that the retirement age does not exceed 65 years for men and 60 years for women.

- Cadres and civil servants specified in item (1), when they are decided to retire at an older age by a competent authority, shall continue to hold leadership and management positions.

- During the implementation of the retirement policy at an older age, if a cadre or civil servant wishes to retire from work, his/her retirement regime shall be settled in accordance with law.

Decree 83/2022/ND-CP takes effect from October 20, 2022, replacing Decree 53/2015/ND-CP and Decree 104/2020/ND-CP.

Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE