Retirement procedures for public employees under newest regulations in Vietnam

Retirement procedures for public employees under newest regulations in Vietnam (Image from Internet)

1. Retirement procedures for public employees under newest regulations in Vietnam

According to Article 59 of Decree 115/2020/ND-CP stipulating retirement procedures for public employees in Vietnam as follows:

- The retirement date is the 1st day of the month immediately following the month the public employee reaches the retirement age as regulated.

- The retirement date can be postponed in the following cases:

+ No more than one month in cases: the retirement date coincides with Lunar New Year; the public employee has a spouse, parent (spouse's parent), or child who passes away or is declared missing by the court; the public employee and their family suffer damages due to natural disasters, enemy-inflicted destruction, or fire;

+ No more than three months for cases of serious illness or accident with hospital certification;

+ No more than six months for cases undergoing treatment for diseases requiring prolonged treatment as listed by the Ministry of Health, with hospital certification.

- Public employees entitled to postponement of retirement as per multiple circumstances in Clause 2, Article 59 of Decree 115/2020/ND-CP can only choose the case with the longest postponement period.

- The head of the agency or unit with authority over the public employee decides on the postponement of the retirement date according to Clause 2, Article 59 of Decree 115/2020/ND-CP.

- If the public employee does not wish to postpone the retirement date as per Clause 2, Article 59 of Decree 115/2020/ND-CP, the head of the agency or unit managing the public employee shall allow for retirement as stipulated in Clause 1, Article 59 of Decree 115/2020/ND-CP.

- Six months prior to the retirement date as regulated in Clauses 1, 2, 3, and 4 of Article 59 of Decree 115/2020/ND-CP, the agency or unit managing the public employee must issue a written notification about the retirement date for the public employee's acknowledgment and preparation for a replacement.

- Regulations related to the issuance of retirement decisions:

+ Three months prior to the retirement date as stipulated in Clauses 1, 2, 3, and 4 of Article 59 of Decree 115/2020/ND-CP, the agency or unit managing the public employee must issue a retirement decision;

+ Based on the retirement decision as per point a, Clause 7, Article 59 of Decree 115/2020/ND-CP, the agency or unit managing the public employee must cooperate with the social insurance organization to carry out procedures for the public employee to receive social insurance benefits upon retirement;

+ public employees retiring must hand over documents, records, and ongoing work to the designated person at least three working days before the retirement date;

+ From the retirement date stated in the retirement decision, the public employee is retired and entitled to social insurance benefits as per regulations.

2. Policies, benefits and management mechanisms for public employees who have retired and enter into job contracts with public service providers in Vietnam

According to Article 60 of Decree 115/2020/ND-CP, regarding policies, benefits and management mechanisms for public employees who have retired and enter into job contracts in Vietnam:

- Retired public employees entering job contracts with public service providers, in addition to receiving their prescribed pensions, are also entitled to remuneration as agreed upon in the signed contract.

- Public service providers must ensure working conditions for the professional activities stipulated in the job contract, including the rights of public employees in professional activities as provided for in Clauses 1, 3, 4, 5, 6, and 7 of Article 11 of the Law on public employees 2010.

- The working regime and time for retired public employees are specified in the job contract signed with the public service provider.

To Quoc Trinh

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