Circular No. 19/2001/TT-BTCCBCP on guiding the implementation of Decree No. 71/2000/NĐ-CP dated November 23, 2000 of the Government regarding the extension of working time for cadres and civil servants until retirement age.

I. REGARDING SCOPE AND OBJECTS:

Civil servants falling under the categories specified in Clauses 2 and 3 of Article 1 of the Civil Servants Ordinance, upon reaching retirement age, may be considered for an extension of their working period including:

1. Individuals directly engaged in research work at central agencies of the Party and State who are appointed and receive salaries according to the scale for senior experts as stipulated in Decree No. 25/CP dated May 23, 1993 of the Government on the temporary new salary system for civil servants and public officials in the administrative and public service sector and armed forces.

2. Individuals holding a Doctor of Science degree; individuals holding the title of Professor or Associate Professor currently directly involved in research and teaching in their respective fields at the National Center for Natural Sciences and Technology, the National Center for Social Sciences and Humanities, Institutes, Academies, and Universities.

3. Individuals currently engaged in work with high productivity and effectiveness in their respective fields of health care, education and training, science and technology, culture, and arts, possessing high professional qualifications and recognized reputation among colleagues, and approved by the Scientific Council of Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and municipal People's Committees under the Central Government.

4. Exclusions:

4.1. Individuals receiving salaries according to the scale for senior experts but not assigned to research work.

4.2. Individuals holding a Doctor of Science degree; individuals holding the title of Professor or Associate Professor but not directly involved in research and teaching at the National Center for Natural Sciences and Technology, the National Center for Social Sciences and Humanities, Academies, Research Institutes, and Universities.

II. CONDITIONS FOR EXTENDING THE WORKING PERIOD OF CIVIL SERVANTS:

1. Agencies, organizations, units (hereinafter referred to collectively as agencies) employing civil servants must genuinely have a need or lack a replacement to take over the job.

2. Civil servants must voluntarily agree and be in good health to perform work, ensuring regular working hours.

III. PRINCIPLES FOR CONSIDERING THE EXTENSION OF THE WORKING PERIOD OF CIVIL SERVANTS:

Agencies employing civil servants shall consider the extension of the working period of civil servants based on the following principles:

1. The agency's leadership must discuss collectively, democratically, and openly to examine and decide each case, ensuring the agency's work and fairness in implementing policies towards civil servants.

2. Civil servants reaching retirement age, if granted an extension of their working period, will cease to hold leadership positions.

In cases where civil servants hold positions appointed for a term, upon reaching retirement age and being granted an extension of their working period, they may retain their leadership position until the end of the appointment term if they still meet the requirements.

3. Civil servants reaching retirement age and granted an extension of their working period will be counted within the total number of staff positions allocated by the competent authority.

IV. EXTENDED WORKING PERIOD OF CIVIL SERVANTS AND RIGHTS AND RESPONSIBILITIES OF AGENCIES EMPLOYING CIVIL SERVANTS DURING THE EXTENDED WORKING PERIOD OF CIVIL SERVANTS:

1. The extended working period of civil servants shall be from one year up to a maximum of five years. Annually, the agency's leadership is responsible for reviewing the genuine needs of the agency and the health of the civil servants to make decisions within their authority or recommend the competent authority to review and decide so that civil servants who request and meet the conditions can continue to extend their working period.

During the extended working period, if civil servants are unable to work due to poor health or wish to retire, the agency will process the procedures for civil servants to enjoy retirement benefits.

For civil servants falling under Article 1 of Decree No. 71/2000/NĐ-CP, now aged 65 or older for males and 60 or older for females, the agency will process the procedures for civil servants to retire according to the current regulations and will not implement an extension of their working period.

2. Rights of civil servants during the extended working period:

Civil servants extending their working period will receive salaries and other benefits according to the principle of ensuring that salaries and other benefits are not lower than those previously enjoyed before extending the working period.

Example: Mr. Nguyen Van A, Director of Research Center B, holds a Doctor of Science degree, is currently classified as a Senior Researcher, with a salary coefficient of 6.67 and a leadership position allowance coefficient of 1.1, and enjoys service benefits, car transportation for work, and a provided telephone. Mr. A falls under the category eligible for an extended working period, ceasing to hold a leadership position to continue scientific research work, retains his classification as a Senior Researcher with a salary coefficient of 6.67, and continues to be eligible for regular salary increments if the grade has further steps, and maintains all current benefits.

3. Responsibilities of agencies, organizations, and units with civil servants extending their working period:

- Ensuring working conditions such as office space, desks, cabinets, and other equipment necessary for work;

- Implementing current regulations and policies for civil servants extending their working period.

V. PROCEDURES AND SEQUENCES FOR CONSIDERING THE EXTENSION OF THE WORKING PERIOD OF CIVIL SERVANTS:

1. The Department of Cadre Organization, the Personnel Administration Board, or the Cadre and Personnel Office (collectively referred to as the Department of Cadre Organization) of the agency is responsible for preparing necessary materials and information such as determining needs, job positions, assessing talent and health of civil servants, and proposing to the agency's leadership to have grounds for deciding on the extension of the working period according to the specified categories.

2. After the leadership collective of the agency has reached consensus, the Cadre and Civil Servant Organization Department prepares the document to be submitted to the leadership for discussion with the civil servant whose working period will be extended. The document must clearly state all working conditions, benefits, and policies that the civil servant will enjoy during the extended period. If the civil servant agrees with the agency's requirements, they shall write a response document to the agency or directly endorse the agency's document with their agreement. If the civil servant proposes any other opinions, they should also include them in the document for the leadership to consider and resolve uniformly before the civil servant reaches the retirement age by three months.

3. After reaching an agreement with the civil servant, the agency using the civil servant issues a notice to extend the working period according to its authority or requests the competent authority to make the decision.

4. The file of the civil servant extending their working period and the agency's request document must be completed and submitted to the competent authority for examination and decision at least two months before the civil servant reaches the retirement age.

5. The authority to issue decisions to extend the working period for civil servants as stipulated in Article 1 of Decree No. 71/2000/NĐ-CP is the Minister, the head of the agency or organization, the Chairman of the People's Committee of provinces and centrally governed cities, in accordance with the current cadre management regulations and decentralization of the Party and State.

VI. IMPLEMENTATION ORGANIZATION:

1. The Minister, the head of the agency or organization, unit, the Chairman of the People's Committee of provinces and centrally governed cities are responsible for organizing and directing the implementation of the provisions of this Circular.

2. This Circular takes effect from December 9, 2000. Any previous documents that conflict with the provisions of this Circular are invalid.

3. In the process of implementation, any difficulties or feedback should be reported to the Central Cadre Organization Board, the Government Cadre and Civil Servant Organization Board for coordination and resolution.