Directive No. 18/2002/CT-TTg On Strict Implementation of Party Decisions and Legal Provisions Regarding Retirement for State Officials, Civil Servants, and Public Employees

DIRECTIVE OF THE PRIME MINISTER

ON STRICT IMPLEMENTATION OF PARTY DECISIONS REGARDING STAFF WORK AND LEGAL REGULATIONS ON RETIREMENT FOR STATE EMPLOYEES

The Labor Code of 1994 and the Civil Servant Ordinance of 1998 stipulate that the retirement age for workers, civil servants, and public officials is 60 years old for men and 55 years old for women. On November 11, 1994, the Prime Minister issued Directive No. 668/TTg on certain issues related to the implementation of retirement policies for civil servants and public officials. Government Decree No. 71/2000/NĐ-CP dated November 23, 2000, established the criteria, conditions, principles, timeframes, and procedures for extending the working period of civil servants and public officials until their retirement age. On May 3, 1999, the Political Bureau of the Central Committee of the Party issued Decision No. 49-QĐ/TW on the classification management of cadres, Decision No. 50-QĐ/TW on cadre assessment regulations, and Decision No. 51-QĐ/TW on cadre appointment regulations. Many ministries, sectors, and localities have strictly implemented the above regulations. However, there are still many departments, agencies, and localities that have not strictly implemented the Party's decisions regarding cadre work and legal regulations on retirement, extending the working period of cadres, civil servants, and public officials beyond the legal provisions.

To address the above situation, in accordance with Resolution No. 05/2002/NQ-CP of the Government dated April 24, 2002, which designates 2002 as the year of discipline and administrative norms, the Prime Minister issues the following directive:

1. Ministers, heads of agencies equivalent to ministries, chairpersons of provincial-level People's Committees under direct central jurisdiction, chairpersons of boards of directors, and general managers of State-owned enterprises:

a) Strictly implement the Party's decisions on cadre work, the Labor Code, the Civil Servant Ordinance on retirement for civil servants and public officials, and Government Decree No. 71/2000/NĐ-CP dated November 23, 2000, on extending the working period of civil servants and public officials until their retirement age;

b) By September each year, report to the Prime Minister a list of civil servants, public officials, and senior professionals who will reach retirement age in the next year (with brief resumes attached), along with proposed solutions; at the same time, report to the Prime Minister and the Ministry of Home Affairs a list of bureau, department, institute, and senior professional staff managed by ministries, agencies equivalent to ministries, central State-owned enterprises, and unit leaders, senior professionals, and equivalent levels managed by provincial-level People's Committees under direct central jurisdiction (with brief resumes attached). Based on this, relevant functional agencies assist the Prime Minister in urging and inspecting to ensure the correct implementation of current policies, systems, and laws and regulations;

c) For cadres, civil servants, and public officials who decide to retire at any level, the head of that level should prepare replacement candidates, complete handover procedures, implement all benefits and policies, make the retirement decision, and cooperate with social insurance institutions to complete the procedures for retired personnel to enjoy pension benefits according to current laws and regulations.

2. The Minister of Finance directly inspects and directs the organizational and cadre work departments of ministries, agencies equivalent to ministries, provincial-level People's Committees under direct central jurisdiction, and state-owned enterprises to review and submit to competent authorities for decision before September 30, 2002, the removal of leadership positions for all those who have reached or exceeded the retirement age and can extend their working period but have not completed the extension procedures according to the law. This includes those who have exceeded the retirement age but are still within their term of office and were appointed before the effective date of Government Decree No. 71/2000/NĐ-CP dated November 23, 2000.

3. From now on, ministers, heads of agencies equivalent to ministries, chairpersons of provincial-level People's Committees under direct central jurisdiction, and heads of state-owned enterprises shall not appoint or recommend to competent authorities for appointment cadres, civil servants, and public officials who have exceeded the prescribed age or do not have sufficient age to complete their term.

4. The Ministry of Finance shall cooperate with the Ministry of Home Affairs to inspect the use of salary funds by ministries, agencies equivalent to ministries, provincial-level People's Committees under direct central jurisdiction, and state-owned enterprises, and promptly handle violations.

5. Ministers, heads of agencies equivalent to ministries, chairpersons of provincial-level People's Committees under direct central jurisdiction, chairpersons of boards of directors, and general managers of State-owned enterprises shall organize the implementation of this directive, report to the Prime Minister on the implementation status before October 31, 2002, and bear legal responsibility and be accountable to the Prime Minister for failing to strictly implement the Party's decisions on cadre work and legal regulations on retirement and extending the working period of cadres, civil servants, and public officials in their departments, units, and localities. /

5. 各部部长、相当于部长级别的机构负责人、中央直辖省市人民委员会主席、各总公司董事会主席和总经理负责组织实施本指令，并在2002年10月31日前向总理报告实施情况，对于在其部门、单位和地方未能严格执行党的关于干部工作的决定和法律规定的退休制度及延长干部、公务员和公共官员工作期限的情况，必须承担法律责任并向总理负责。/.