Changes in regulations on retirement at an older age for public employees in Vietnam

Changes in regulations on retirement at an older age for public employees in Vietnam (Source: internet)

Who is entitled to retire at the age older than the age prescribed in the labor law in Vietnam?

According to Decree 50/2022/ND-CP, public employees who are entitled to retire at an older age include:

- Officials holding the titles of Professor and Associate Professor;

- Officials holding professional titles that require training qualifications are Doctorate or Specialty II;

- Forensic examiners, forensic psychiatrists;

- Professional and highly technical public employees in a number of specific non-business fields as prescribed by specialized laws.

Public employees are entitled to retire at an age of no more than 5 years in Vietnam

According to Decree 50/2022/ND-CP, the principles for implementing retirement at an older age are as follows:

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

- The retirement age for public employees shall not exceed 5 years (60 months), counting from the time the public employee reaches the retirement age according to Decree 135/2020/ND-CP.

- During the period of retirement at an older age, public employees only perform professional tasks; they do not hold leadership or management positions; and they may not reserve leadership position allowances.

- During the period of retirement at an older age, if the public employee wishes to retire from work or the non-business unit no longer needs it, his/her retirement regime shall be settled according to the provisions of law.

Currently, the retirement age in 2022 under normal working conditions is 60 years and 6 months (for men) and 55 years and 8 months (for women). After that, the retirement age will gradually increase to 62 years for men (in 2028) and to 60 years for women (in 2035).

According to the above regulations, public employees are entitled to retire at an age of no more than 5 years (respectively, the retirement age will range from 65 years old, 6 months to 67 years old (for men) and 60 years old, 8 months to 65 years old for women).

Compared with the previous regulations in Decree 141/2013/ND-CP, Decree 50/2022/ND-CP has reduced the retirement age for professors and associate professors to 5 years.

Previously, Decree 141/2013/ND-CP stipulated: "2. The length of work for lecturers with a doctorate degree is not more than 5 years; for lecturers holding the title of associate professor, not more than 7 years; and for lecturers holding the title of professor, not more than 10 years."

Conditions for retirement at a higher age for public employees in Vietnam

Decree 50/2022/ND-CP stipulates that public employees may retire at an older age if they fully meet the following conditions:

- Public non-business units in need;

- Having sufficient health;

- Not being considered for disciplinary action, being investigated, prosecuted, tried or disciplined in relation to the party or government, and having an application for extension of working time.

Transition clause on provisions for retirement at an older age in Vietnam.

Public officials holding the title of lecturers of public higher education institutions; or public employees holding scientific or technological titles at public science and technology organizations, whose working time extension has been decided by a competent authority as prescribed in Article 9 of Decree 141/2013/ND-CP or Article 9 of Decree 40/2014/ND-CP from before August 15, 2022:

These cases continue to comply with the provisions of Decree 141/2013/ND-CP and Decree 40/2014/ND-CP.

Regimes and policies for public employees who retire at an older age in Vietnam.

According to Decree 50/2022/ND-CP, regimes and policies for public employees who retire at an older age include:

To be identified as an official in the total number of employees of the non-business unit assigned by the competent authority.

To be entitled to a salary regime according to the class of professional titles currently held and other regimes and policies as prescribed by law.

Chau Thanh

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