Changes in the time limit for extending the service age of police officers in Vietnam

Changes in the time limit for extending the service age of police officers in Vietnam (Internet image)

On August 11, 2023, the Government issued Decree 57/2023/ND-CP amending and supplementing a number of articles of Decree 49/2019/ND-CP detailing and implementing measures for a number of articles of the Law on People's Public Security.

1. Changes in the time limit for extending the service age of police officers in Vietnam

According to Clause 4, Article 1 of Decree 57/2023/ND-CP amending Clause 3, Article 14 of Decree 49/2019/ND-CP, regulations on the time to extend the service age of Police officers are as follows:

Officers specified in Clause 1, Article 14 of Decree 49/2019/ND-CP may have their service age extended one or more times, each time not exceeding 2 years (24 months), the total duration not exceeding 5 years (60 months).

Previously, Clause 3, Article 14 of Decree 49/2019/ND-CP stipulated the extension of the service age of Police officers as follows:

2. Conditions for extending the service age of police officers

According to Clauses 1 and 2, Article 14 of DDecree 49/2019/ND-CP, For People's Public Security officers are professors, associate professors, doctors, and senior experts, the service age can be extended to teach and research science and technology at higher education institutions and research institutes in the People's Public Security when the following conditions are met:

- The unit that directly uses officers has a need and is still short of staff compared to the set number;

- Have good health, quality, professional capacity and voluntarily continue to work as required.

3. Regimes and policies for Police officers have their service age extended in Vietnam

According to Article 15 of Decree 49/2019/ND-CP regulating regimes and policies for People's Public Security officers whose service age is extended as follows:

- During the extension of the service age, officers cease to hold leadership or command positions.

- Officers whose service age is extended are entitled to salary and other benefits according to the provisions of law.

4. Permissible age limits of officers of the People's Public Security Force in Vietnam

Pursuant to Article 30 of the Law on People’s Public Security Force 2018 (amended in 2023), the permissible age limits of non-commissioned officers and officers of the People's Public Security Force is prescribed as follows:

- The permissible maximum age limits of non-commissioned officers and commissioned officers of the People's Public Security Force shall be subject to the following regulations:

+ Non-commissioned officers: 47;

+ Company-grade officers: 55;

+ Major and Lieutenant-Colonel: Male: 57; Female: 55;

+ Senior Lieutenant Colonel: Male: 60; Female: 58;

+ Colonel: Male: 62; Female: 60;

+ General-grade officers: Male: 62; Female: 60.

- Permissible age limits of male commissioned officers prescribed at points dd and e, and female commissioned officers prescribed at points d and dd Clause 1 of Article 30 of the Law on People’s Public Security Force 2018 shall be implemented according to the roadmap to retirement age for workers according to the Labor Code.

- Permissible age limits of officers holding positions or titles in the People’s Public Security Force shall be subject to regulations adopted by the Minister of Public Security, but shall be restricted to the maximum age limit specified in clause 1 of Article 30 of the Law on People’s Public Security Force 2018, except cases specified in clause 4 of Article 30 of the Law on People’s Public Security Force 2018.

- Based on the demands of police units, if the officers prescribed at point b and c and male officers prescribed at point d of clause 1 of Article 30 of the Law on People’s Public Security Force 2018e meet all professional quality, expertise and health requirements and of their own free will, they may be entitled to extension of their service age according to the regulations of the Minister of Public Security, but not more than 60 for men and 55 for women.

- People's Public Security officers, who are professors, associate professors, doctors and senior experts, may be granted an extension of service age to more than 60 years of age for men and over 55 years of age for women according to the Government's regulations.

- People's Public Security officers may retire when they fully meet the conditions prescribed by law; In cases where they are not eligible to retire according to the provisions of law, the People's Public Security Force no longer needs them or they fails to transfer to other sectors or they voluntarily apply for discharge from the force, and if male officers have 25 years of service and female officers have 20 years of service rendered in the People's Public Security Force, they may retire before the age limits prescribed in Clause 1 of Article 30 of the Law on People’s Public Security Force 2018.

See also Decree 57/2023/ND-CP effective from August 15, 2023.

Ho Quoc Tuan

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