Latest conditions and procedures for considering and deciding on retirement at an older age for public employees in Vietnam

Latest conditions and procedures for considering and deciding on retirement at an older age for public employees in Vietnam​ (Image from the Internet)

1. Public employees eligible for an extended working period in Vietnam

According to Article 2 of Decree 50/2022/ND-CP, the subjects of public employees who are eligible for an extended working period include:

- Public employees with academic titles of Professor, Associate Professor;

- Public employees holding professional titles requiring training standards of Doctor or Specialized Doctor Level II;

- Forensic examiners, psychiatric forensic examiners;

- Public employees with high expertise and technical skills in certain specialized public service fields as stipulated by specialized legal regulations.

2. Conditions and procedures for considering and deciding on retirement at an older age for public employees in Vietnam​

According to Article 4 of Decree 50/2022/ND-CP on the conditions and procedures for considering and deciding retirement at a higher age for public employees:

* Public employees may retire at a higher age if they meet the following conditions:

- The public service unit requires it;

- Possesses good health;

- Not under disciplinary review, investigation, prosecution, trial, or execution of party, government discipline, and has a request for an extension of service period.

* Procedures for consideration and extension of the service period:

- Annually, based on development orientation, human resource situation, and job position requirements, the public service provider announces policies and needs for extending the service period;

- Public employees meeting the conditions, with a request for extension of the service period, must submit it to the competent authority according to management decentralization for a decision on the extension at least 6 months before retirement;

- The competent authority according to management decentralization reviews, assesses the conditions of the public employees wishing to extend the service period and the policies and needs of the public service provider to consider and decide on the extension, and the extension period for each public employee;

- The decision to extend the service period of public employees must be sent to the related organizations and individuals at least 3 months before retirement.

3. Regime and policies for public employees retiring at a higher age in Vietnam

- Recognized as public employees within the total number of employees working at the public service provider authorized by the competent authority.

- Entitled to receive salary policies according to the current professional title, and other policies as stipulated by law.

(According to Article 5 of Decree 50/2022/ND-CP)

4. Principles for implementing retirement at a higher age in Vietnam

According to Article 3 of Decree 50/2022/ND-CP, the principles for implementing the extension of work beyond the retirement age must ensure compliance with the following principles:

- Ensure objectivity, fairness, transparency, and conformity.

- Retirement at a higher age for public employees does not exceed 5 years (60 months) from the time the public employee reaches retirement age as prescribed in Decree 135/2020/ND-CP on retirement age.

- During the retirement period at a higher age, public employees only perform professional duties, do not hold leadership, management positions, and are not entitled to retain leadership position allowances.

- During the retirement period at a higher age, if the public employee wishes to stop working or the public service provider no longer has the need, they will be resolved for pension as stipulated by law.

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