Can officials and public employees receive a salary increase ahead of schedule upon retirement?

Recently, Thu Ky Luat has received numerous queries from our Valued Clients and Members regarding whether officials and public employees are entitled to a pay raise ahead of schedule when they are about to retire. Thu Ky Luat will address this issue in the article below.

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According to the provisions in Article 3 of Circular 08/2013/TT-BNV, officials and public employees are considered for early salary increase in the following cases:

- Due to outstanding achievements in performing duties

- Having a retirement notification

In the case of having a retirement notification, according to Clause 2, Article 3 of Circular 08/2013/TT-BNV, officials and public employees are entitled to an early salary increase if they meet the following conditions:

- Officials and public employees, through evaluation, must meet the following 02 standards during the period they hold their salary rank:

- Standard 1: Evaluated by the competent authority from the level of completing tasks but with limited capacity or higher;- Standard 2: Not violating discipline in the forms of reprimand, warning, demotion, or dismissal.

- Have not yet reached the final salary rank in their grade or title;

- From the date of the retirement notification to before the retirement date, there are 12 months or less remaining to be eligible for regular salary increase as per regulations.

Based on the above provisions, it can be seen that, even if about to retire, officials and public employees can still receive a 12-month early salary increase if they meet the stipulated conditions.

Note: In the case that officials and public employees and workers are eligible for early salary increase both for outstanding achievements in performing duties and upon having a retirement notification, they can choose one of these two early salary increase policies.

Nguyen Trinh

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