Things to know about the retirement procedures of public employees in Vietnam

1. The time of retirement of public employees

According to Clause 1 Article 40 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.

The time of retirement can be delayed in any of the following 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.

Note:

- 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, the head of the agency or unit managing the public employee shall allow him/her to retire.

2. Time to announce the retirement of public employees

According to Clause 6 Article 40 of Decree No. 29/2012/NĐ-CP of Vietnam’s Government, six months before the time of retirement specified in Clause 1, 2, 3 or 4 of this Article, 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.

Three months before the time of retirement specified above, the head of the agency or unit managing the public employee shall issue a retirement decision;

On the basis of the retirement decision, the agency or unit managing the public employee shall coordinate with the social insurance organization in carrying out procedures according to regulations for the public employee to enjoy social insurance benefits when he/she retires;

Retired public employees are responsible for handing over dossiers, documents and current work to the person assigned to receive them at least 03 working days before the time of retirement. From the time of retirement stated in the retirement decision, the public employee is entitled to retire and enjoy the social insurance regime as prescribed.

Nguyen Trinh

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