|
GOVERNMENT OF VIETNAM
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No. 83/2022/ND-CP
|
Hanoi, October 18, 2022
|
DECREE
On retirement at older ages for officials
holding leadership and management positions
Pursuant to the Law on Governmental Organization
dated June 19, 2015; Law on Local Government Organization dated June 19, 2015;
the Law on amendments to the Law on Governmental Organization and the Law on
Local Government Organization dated November 22, 2019;
Pursuant to the Labor Code dated November 20,
2019;
Pursuant to the Law on Officials dated November
13, 2008; Law on amendments to some articles of the Law on Officials and Law on
Public Employees dated November 25, 2019;
At the request of the Minister of Domestic
Affairs;
The Government promulgates a Decree on
retirement at older ages for officials holding leadership and management
positions,
Chapter I
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 1. Scope
This Decree provides for retirement at older ages
for officials holding leadership and management positions.
Article 2. Regulated entities
1. Female officials holding the following
positions:
a) Deputy Heads of central committees or
organs of the Communist Party of Vietnam; Deputy Director of Ho Chi Minh
National Academy of Politics, Deputy Editor-in-Chief of Nhan Dan Newspaper,
Deputy Editor-in-Chief of Communist Review;
b) Vice Chairperson of the Central Committee of the
Vietnam Fatherland Front;
c) Vice President of the Council for Ethnic
Minorities, Vice Chairpersons of Committees of the National Assembly, Vice
Chairman of the Office of the National Assembly;
d) Deputy Chief Justice of the Supreme People's
Court, Deputy Director of the Supreme People's Procuracy;
dd) Deputy ministers and deputy heads of
ministerial agencies;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
g) Deputy heads of central socio-political
organizations at the central level;
h) Deputy Secretary of the Provincial Party
Committee, the Municipal Party Committee, the Party Committee of the block
under the Central Government; Presidents of the People's Councils, Presidents
of the People's Committees of provinces and central-affiliated cities;
i) Members of the Central Inspection Commission;
k) Director of the Truth National Political
Publishing House;
l) Director of the Institute for Legislative
Studies under the National Assembly Standing Committee;
m) President of Vietnam National University, Hanoi
(VNU-HN), President of Vietnam National University, Ho Chi Minh City (VNU-HCM),
General Director of Vietnam Social Security, Head of President Ho Chi Minh
Mausoleum Management Board, President of the National Financial Supervisory
Commission; Vice President of the Committee for Management of State Capital at
Enterprises;
n) Vice President of the People's Council, Vice
President of the People's Committee of Hanoi and Ho Chi Minh City;
o) Standing members of the Council of Ethnic
Minorities and Committees of the National Assembly;
p) Members of the Standing Committee cum Head of
Party Committees of the Party Committees of Hanoi and Ho Chi Minh City;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Officials appointed to the titles of Judge of
the Supreme People's Court, Procurator of the Supreme People's Procuracy.
3. This Decree is not applicable to the following
entities:
a) Officials holding the position of Minister or
equivalent or higher;
b) Officials prescribed in clause 1 of this Article
who are members of the Central Committee of the Party;
c) Assistants and secretaries of the General
Secretary, the President, the Prime Minister, the President of the National
Assembly, standing members of the Secretariat, members of the Politburo,
members of the Secretariat, the Vice President of the State, Deputy Prime
Minister, Vice Chairman of the National Assembly of Vietnam.
The retirement at older ages for persons prescribed
in this clause shall comply with regulations of competent authorities of the
Communist Party of Vietnam.
Chapter II
SPECIFIC PROVISIONS
Article 3. Rules for application of retirement
at older ages
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Agencies have the power to decide retirement at
older ages for their officials according to regulations in this Decree but must
ensure that the actual retirement age does not exceed 65 years for men and 60
years for women.
3. Officials prescribed in clause 1 Article 2 of
this Decree shall still hold their management positions when being accepted for
retirement at older ages by the competent agencies.
4. During the period of applying policy for
retirement at older ages, if officials have expectations of leaving work, their
retirement benefits shall be paid as prescribed by laws.
Article 4. Work periods when retiring at older
ages
1. Officials prescribed in clause 1 Article 2 of this
Decree shall not work beyond the age of 60.
2. The persons prescribed in clause 2 Article 2 of
this Decree shall not work beyond the age of 65 for men and 60 for women.
Chapter III
IMPLEMENTATION CLAUSES
Article 5. Effect
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. This Decree replaces Decree No. 53/2015/ND-CP
dated May 29, 2015 of the Government on retirement at older ages for officials
and Decree No. 104/2020/ND-CP dated September 04, 2020 of the Government
amending Decree No. 53/2015/ND-CP.
Article 6. Responsibility for implementation
Ministers, Heads of ministerial agencies, Heads of
Governmental agencies, Presidents of the People's Committees of provinces and
central-affiliated cities, heads of relative agencies, organizations and units
are responsible for implementation of this Decree.
ON BEHALF OF. GOVERNMENT OF VIETNAM
PP. PRIME MISNISTER
DEPUTY PRIME MINISTER
Pham Binh Minh