Decree No. 143/2007/ND-CP on procedures for retirement of officials and civil servants who meet retirement conditions

DECREE

Regulations on procedures for retirement for officials and civil servants who meet the conditions for retirementcivil servant meeting the conditions for retirement

GOVERNMENT

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of Labor Code dated June 23, 1994; Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002 and Law Amending and Supplementing Certain Provisions of the Labor Code dated June 29, 2006;

On the basis of Social Insurance Law dated June 29, 2006;

On the basis of Civil Servant Ordinance dated February 26, 1998; Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 28, 2000; Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 29, 2003;

Considering the proposal of the Minister of Home Affairs,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures, notification time, decision-making time for retirement and entitlement to pension benefits for officials and civil servants who meet the conditions for retirement.

Article 2. Applicability

1. This Decree applies to officials and civil servants as defined in the Civil Servant Ordinance dated February 26, 1998; the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 28, 2000; and the Ordinance Amending and Supplementing Certain Provisions of the Civil Servant Ordinance dated April 29, 2003 (hereinafter referred to collectively as the Civil Servant Ordinance), including:

a) Officials and civil servants elected to hold positions with fixed terms in state agencies, political organizations, and political-social organizations from central to district levels;

b) Officials and civil servants working in state agencies at all levels from central to district;

c) Judges of the People's Court, Prosecutors of the People's Procuracy;

d) Officials and civil servants working in specialized agencies of political and political-social organizations;

đ) Officials and civil servants assigned or seconded to work in political-social-professional organizations, social organizations, and social-professional organizations;

e) Officials and civil servants working in agencies and units under the armed forces;

g) Officials and civil servants working in public service units of the state, political organizations, and political-social organizations.

2. This Decree does not apply to the following cases:

a) Officials and civil servants holding the following positions:

- General Secretary, Member of the Politburo, Central Committee Secretary, Head of the Central Inspection Commission, Heads of Central Party Committees, Director of the Central Office, Central Committee Members;

- President, Vice President, Director of the President's Office;

- Prime Minister, Deputy Prime Minister, Ministers, Heads of Ministries equivalent to Ministries;

- Chairman of the National Assembly, Vice Chairman of the National Assembly, Chairman of the Ethnic Council, Standing Committee Members of the National Assembly, Chairmen of National Assembly Committees, Director of the National Assembly Office, full-time National Assembly Deputies;

- Chief Justice of the Supreme People's Court, Prosecutor General of the Supreme People's Procuracy;

- Heads of central-level political-social organizations.

b) Officials and civil servants who voluntarily request early retirement before reaching the age for pension benefits as prescribed;

c) Officials and civil servants retiring due to organizational restructuring and implementation of personnel reduction policies as prescribed by the Government.

Article 3. Explanation of Terms

1. An official or civil servant meets the conditions and age for retirement when they have fulfilled the required years of social insurance contributions and reached the age for receiving a pension (hereinafter referred to collectively as entitlement to pension benefits) as provided for in Clause 1 Article 50 of the Social Insurance Law.

2. The retirement date and pension benefit commencement date is the date of cessation of work simultaneously recorded as the date of receiving pension benefits in the retirement decision issued by the competent authority managing cadres and civil servants.

Article 4. Provisions on implementing retirement for cadres and civil servants who meet the retirement conditions.

1. Cadres and civil servants who have reached the retirement age shall implement the pension regime in accordance with the provisions of the law on social insurance.

2. Non-professional members of the National Assembly and members of People's Councils who meet the retirement conditions shall implement the pension regime in accordance with the provisions of the law on social insurance but continue to perform their duties as members of the National Assembly and People's Councils in accordance with the law.

3. Cadres and civil servants elected to hold positions during a term in political organizations and political-social organizations from central to district level, which are not the positions specified in point a, Clause 2, Article 2 of this Decree, when meeting the retirement conditions shall implement the pension regime in accordance with the provisions of the law on social insurance.

Article 5. Responsibilities of the head of the agency, organization, or unit regarding the implementation of retirement for cadres and civil servants.

The head of the agency, organization, or unit employing cadres and civil servants must be responsible for properly, openly, and transparently implementing the regulations on procedures, notification dates, decision-making dates for retirement and pension benefit commencement for cadres and civil servants who meet the retirement conditions and age.

Chapter II
PROVISIONS ON PROCEDURES, NOTIFICATION DATES, DECISION-MAKING DATES FOR RETIREMENT AND PENSION BENEFIT COMMENCEMENT FOR CADRES AND CIVIL SERVANTS WHO MEET THE RETIREMENT CONDITIONS

Article 6. Notification of Retirement

At least six months before the date when cadres and civil servants reach the retirement age, the head of the agency, organization, or unit employing such cadres and civil servants shall issue a written notice about the retirement date to the cadres and civil servants who will retire; at the same time report to the competent authority managing cadres and civil servants and prepare a replacement.

Article 7. Decision on Retirement

At least three months before the date when cadres and civil servants reach the retirement age, the head of the agency, organization, or unit with authority shall issue a retirement decision. In the retirement decision, there must be a clause clearly stating the retirement date and pension benefit commencement date.

Based on the retirement decision, the agency, organization, or unit employing cadres and civil servants shall carry out necessary procedures concerning the pension regime with the social insurance agency.

When reaching the retirement date and pension benefit commencement date recorded in the decision, cadres and civil servants shall retire and receive pension benefits.

Article 8. Issuance of Retirement Decision, Retirement Date, and Pension Benefit Commencement Date for Certain Exceptional Cases

The head of the agency, organization, or unit with authority when issuing a retirement decision may postpone the retirement date and pension benefit commencement date for the following cases:

1. Not exceeding one month for cases where the retirement date and pension benefit commencement date coincide with the Tet holiday; cadres and civil servants whose spouse, parent, or child has passed away; the cadre, civil servant, or their family has suffered severe damage due to natural disasters, enemy attacks, or fires;

2. Not exceeding three months for cadres and civil servants undergoing treatment for illness or injury;

3. Not exceeding six months for cadres and civil servants suffering from diseases listed in the long-term treatment directory issued by the Ministry of Health; cadres and civil servants within the disciplinary review period or under criminal investigation.

Chapter III
IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Repeal the following documents: Decision No. 21/HĐBT dated August 8, 1981 of the Council of Ministers (now the Government); Directive No. 668/CT-TTg dated November 11 1994 of the Prime Minister; Directive No. 18/2002/CT-TTg dated September 5, 2002 of the Prime Minister; Circular No. 1631/ TTg-TCCB dated October 12, 2006 of the Prime Minister.

Article 10. Guidance on implementation for officers and professional military personnel

The Minister of National Defense and the Minister of Public Security shall guide the implementation of procedures, notification deadlines, decision-making dates for retirement, and entitlement to pension benefits for officers and professional military personnel based on the provisions of this Decree.

Article 11. Application for enterprise management officials

Chairmen of the Board of Directors, Board Members, General Managers, Directors, Deputy General Managers, Deputy Directors, Chief Accountants of state-owned enterprises, representatives of state capital at enterprises, when retiring, shall comply with the regulations on procedures, notification deadlines, decision-making dates for retirement, and entitlement to pension benefits as stipulated in this Decree.

Article 12. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Councils and Chairpersons of People's Committees of provinces and centrally-administered cities, leaders of political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and state-run institutions are responsible for enforcing this Decree./.