How is the time of retirement of officials determined according to Vietnam’s regulations?

According to current regulations of Decree No. 29/2012/NĐ-CP of Vietnam’s Government, the time of retirement is the first day of the month following the month when the public employee reaches the prescribed retirement age.

In case the public employee's dossier does not specify the date of birth in the year, the time of retirement is January 01 of the year following the year when the public employee reaches the prescribed retirement age.

The time of retirement can be delayed in any of the following 03 cases:

- Not more than one month in any of the following cases: The time of retirement coincides with the traditional new year holidays; the public employee's spouse, parent (of his/ her own or of his wife or her husband) or child dies or is declared to be missing by a court; he/ she and his/her family suffer damage caused by natural disaster, enemy sabotage or fire;

- Not more than 3 months in case the public employee suffers a serious disease or has an accident certified by a hospital;

- Not more than 6 months in case the public employee is receiving medical treatment for a disease on the Ministry of Health-issued list of diseases requiring a long treatment period, which is certified by a hospital.

A public employee whose time of retirement can be delayed in many cases specified above is only entitled to the longest delay duration in these cases.

In case a public employee does not aspire to delay his/her time of retirement under Clause 2 of this Article, the head of the agency or unit managing the public employee shall allow him/her to retire under regulations.

Notably, six months before the time of retirement, the head of the agency or unit managing the public employee shall notify in writing the time of retirement to the public employee concerned and prepare a replacement person.

Nguyen Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE