Public Employees Allowed to Postpone Retirement by a Maximum of 06 Months

Public Employees Are Allowed to Postpone Retirement by Up to 6 Months, Decree 115/2020/ND-CP

Public employees are allowed to postpone retirement by up to 06 months (Illustration)

According to Article 59 of Decree 115/2020/ND-CP, the retirement date is the 1st of the month immediately following the month the public employee reaches the retirement age as prescribed. The retirement date can be postponed in the following circumstances:

- Not more than 1 month in cases where: The retirement date coincides with the Lunar New Year holiday; the public employee’s spouse, parents (including parents-in-law), children pass away, or are declared missing by the court; the public employee and their family suffered damage due to natural disasters, enemy attacks, or fires;- Not more than 3 months in cases of severe illness or accidents, with certification from a hospital;- Not more than 6 months in cases being treated for diseases listed by the Ministry of Health requiring prolonged treatment, with certification from a hospital.

If a public employee qualifies for postponement under multiple scenarios, such postponement shall be granted according to the scenario that allows the longest postponement period. The head of the agency or unit with competent authority over public employees decides on the postponement of the retirement date.

For public employees who do not wish to postpone their retirement date, the head of the managing agency or unit shall settle for the public employee to retire.

Note: Six months before the retirement date, the managing agency or unit must issue a written notice of the retirement date so that the public employee is informed and can prepare for a replacement.

Specifically, the regulations regarding the retirement decision are as follows:

- Three months before the scheduled retirement date, the managing agency or unit must issue a retirement decision;- Based on the retirement decision, the managing agency or unit shall cooperate with the social insurance organization to carry out procedures as prescribed so that the public employee can receive social insurance benefits upon retirement;- The retiring public employee is responsible for handing over dossiers, documents, and ongoing work to the appointed successor at least 3 working days before the retirement date;- From the retirement date stated in the retirement decision, the public employee shall officially retire and enjoy social insurance benefits as prescribed.

For further details, see Decree 115/2020/ND-CP, effective from September 29, 2020.

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE