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GOVERNMENT OF
VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 50/2022/ND-CP
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Hanoi, August 02,
2022
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DECREE
RETIREMENT AT A
HIGHER AGE FOR PUBLIC EMPLOYEES IN PUBLIC SERVICE PROVIDERS
Pursuant to Law on Governmental Organization
dated June 19, 2015; Law on amendments to Law on Government Organization and
Law on Local Governmental Organization dated November 22, 2019;
Pursuant to Labor Code dated November 20, 2019;
Pursuant to the Law on Public Employees dated
November 15, 2010; Law on amendments to Law on Public Officials, Officials, and
the Law on Public Employees dated November 25, 2019;
At the request of the Minister of Home Affairs;
The Government promulgates Decree on retirement
at a higher age for public employees in public service providers.
Chapter I
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Article 1. Scope
This Decree prescribes retirement at a higher age
for public employees with high professional, technical levels in public service
providers and public employees working in specific fields.
Article 2. Regulated entities
This Decree applies to:
1. Public employees holding professor title or
associate professor title;
2. Public employees holding positions that require
a minimum of Doctoral degree or a Level-2 Specialist level;
3. Forensic evaluators, forensic psychologist
evaluators;
4. Public employees with high
professional, technical levels in specific fields as per laws applicable to
those fields.
Chapter II
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Article 3. Rules for retirement at a higher age
1. Ensure objectivity, equality, transparency and
compliance with regulations and law.
2. Retirement at a higher age shall occur after no
more than 5 years (60 months) from the date on which public employees are
eligible for retirement in accordance with Decree No. 135/2020/ND-CP dated
November 18, 2020 of the Government on retirement age.
3. During the period extended past the normal
retirement age according to Decree No. 135/2020/ND-CP, a public employee is
only eligible for professional tasks and is prohibited from holding leader or
managerial position and is not eligible accrued managerial position allowance.
4. During the period extended past the normal
retirement age according to Decree No. 135/2020/ND-CP, if a public employee
wishes to retire or is no longer needed by his/her public service provider,
he/she shall benefit from pension policies as per the law.
Article 4. Requirements and procedures for
retirement at a higher age
1. A public employee shall be eligible for
retirement at a higher age when:
a) His/her public service provider demands so;
b) His/her health is adequate;
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2. Procedures for extending retirement age:
a) On an annual basis, public service providers
shall rely on their development directions, human resources, and job
requirements to announce extended retirement age rules and demands;
b) Public employees meeting all requirements shall
submit application for extension of working period to competent authorities at
least 6 months prior to their normal retirement age;
c) Competent authorities shall review, assess
eligibility of applicants, rules and demands of the public service providers to
consider and decide on extending working period of public employees and
extended period of each public employee.
d) Decision on extended working period of public
employees shall be sent to relevant organizations and individuals at least 3
months prior to their retirement age.
Article 5. Policies for public employees
retiring at a higher age
1. Public employees retiring at a higher age shall
be considered public employees working in public service providers.
2. Public employees retiring at a higher age shall
receive salaries applicable to their current title and benefit from other
policies as per the law.
Chapter III
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Article 6. Entry into force
1. This Decree comes into force from August 15,
2022.
2. The following
regulations expire from the effective date hereof:
a) Article 9 of Decree No. 141/2013/ND-CP dated
October 24, 2013 of the Government;
b) Article 9 of Decree No. 40/2014/ND-CP dated May
12, 2014 of the Government.
Article 7. Transition clauses
Public employees holding lecturer positions in
public higher education institutions or scientific, technology titles in public
science and technology organizations having their retirement age extended by
competent authorities in accordance with Article 9 of Decree No. 141/2013/ND-CP
dated October 24, 2013 of the Government or Article 9 of Decree No.
40/2014/ND-CP dated May 12, 2014 of the Government before the effective date
hereof shall continue to comply with Decree No. 141/2013/ND-CP and Decree No.
40/2014/ND-CP.
Article 8. Responsibilities for implementation
Ministers, heads of ministerial agencies, heads of
Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated
cities, and relevant organizations, individuals are responsible for
implementation of this Decree.
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ON BEHALF OF
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Binh Minh