Decree No. 26/2015/NĐ-CP on the treatment and policies for cadres who do not meet the age requirements for re-election or re-appointment to positions and titles during their term in agencies of the Communist Party of Vietnam, State, and political-social organizations.

DECREE

Regulations on treatment and policies for cadres who do not meet age conditions for re-election or re-appointment to positions and titles during their term in agencies of the Communist Party of Vietnam, State, and political-social organizations

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree stipulating regulations and policies for cadres who do not meet age conditions for re-election or re-appointment to positions and titles during their term in agencies of the Communist Party of Vietnam, State, and political-social organizations.

Article 1. Scope of Regulation

This Decree stipulates regulations and policies for cadres who do not meet age conditions for re-election or re-appointment to positions and titles during their term in agencies of the Communist Party of Vietnam, State, and political-social organizations at the central level, provincial level, district level, town-level city, and township-level city under provinces, and at commune, ward, and town levels.

Article 2. Applicability

1. This Decree applies to cadres specified in Clause 1 and Clause 3, Article 4 of the Law on Cadres and Public Officials who do not meet age conditions for re-election or re-appointment to positions and titles during their term in agencies of the Communist Party of Vietnam, State, and political-social organizations at the central level, provincial level, district level, town-level city, and township-level city under provinces, and at commune, ward, and town levels (hereinafter referred to collectively as cadres who do not meet age conditions for re-election or re-appointment).

2. Cadres belonging to the reduction in staff quota objects prescribed in Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on policies for reduction in staff quota shall not be subject to this Decree.

Article 3. Treatment and policies for cadres who do not meet age conditions for re-election or re-appointment and retire early

1. Cadres who do not meet age conditions for re-election or re-appointment with at least 20 years of social insurance contributions, if they voluntarily submit a retirement application before the statutory retirement age to the cadre management agency, shall enjoy retirement benefits according to the laws on social insurance and also enjoy additional benefits as follows:

a) Not subject to reduction in the proportion of pension due to early retirement;

b) A lump sum allowance of three months' salary for each year retired earlier than the statutory retirement age compared to Point a, Clause 1, Article 50 of the Social Insurance Law;

c) A lump sum allowance of five months' salary for the total of twenty years of work, with social insurance contributions; from the twenty-first year onwards, for each year of work with social insurance contributions, a half-month's salary allowance will be provided;

d) For cadres with position-based pay:

At the time of retiring early, if they have been assigned to the first grade of the current position for at least 48 months, they will be promoted to the second grade of the current position to retire;

đ) For cadres with specialized or vocational pay and receiving leadership position allowances:

Cadres who have not yet reached the final grade of the current rank but have consistently performed well in their duties without disciplinary action and at the time of retiring early, are still short of one to twelve months to qualify for regular promotion according to regulations, shall be promoted ahead of schedule to retire;

Cadres currently receiving the final grade or receiving seniority allowances exceeding the framework of the current rank, holding a bachelor's degree or higher, and having consistently performed well in their duties without disciplinary action in the last five years before retirement, shall be promoted to the next higher rank without examination to retire;

e) For commune-level cadres working in areas with a regional coefficient of 0.7 or higher; commune-level cadres with military service time, police service time, and awarded medals by the State, if they are still short of 2.5 years (30 months) or less to reach 20 years of social insurance contributions, the State will provide a one-time payment for the remaining social insurance contributions to implement the retirement system.

2. The monthly salary for calculating allowances is determined based on the average monthly actual salary of the last five years before retirement, including: Position-based salary or salary according to rank and grade; allowances for position, seniority allowances exceeding the framework, occupational seniority allowances, salary retention difference, and party work allowances (if applicable).

3. The working period counted for allowances is the time spent working in agencies of the Party, State, political-social organizations, public institutions, and state-owned enterprises, calculated according to social insurance contributions and not yet enjoying severance pay or demobilization benefits.

4. When calculating allowances, if the time of retiring early or the time of social insurance contributions has a fractional month, it will be calculated as follows:

a) Less than three months will not be counted;

b) From three months to six months, it will be counted as half a year;

c) More than six months up to twelve months, it will be counted as one year.

Article 4. Treatment and policies for officials who do not meet the age requirement for re-election or reappointment and continue to work until retirement age

1. Officials who do not meet the age requirement for re-election or reappointment and have not yet reached the mandatory retirement age, if they do not wish to retire early, shall be assigned appropriate positions by the competent authority. In cases where it is not possible to assign an appropriate position, they shall be allowed to take leave of absence until they reach the retirement age as stipulated in Article 5 of this Decree.

2. In cases where the new position does not specify a post allowance or rank allowance (not being a leadership position) or has a lower post allowance or rank allowance than those already received, the post allowance or rank allowance already received shall be maintained for six months; from the seventh month onwards, they shall receive the post allowance or rank allowance (if any) of the new position.

Article 5. Treatment and policies for officials who do not meet the age requirement for re-election or reappointment and take leave of absence until reaching retirement age

Officials who do not meet the age requirement for re-election or reappointment and have less than two years (24 months) of service until the mandatory retirement age, if they cannot be assigned an appropriate position and do not wish to retire early, shall be allowed to take leave of absence until reaching retirement age. During the period of taking leave of absence until reaching retirement age, such officials remain under the management authority of their workplace and shall enjoy the following treatment and policies:

1. They shall receive the original post allowance or grade salary, post allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, retained salary differential, and Party work allowance (if any).

2. Officials who do not meet the age requirement for re-election or reappointment and their workplace before taking leave of absence until reaching retirement age shall implement social insurance and health insurance contributions based on the salary, allowances, and retained salary differential (if any) stipulated in Clause 1 of this Article, in accordance with current laws.

3. Other benefits such as service benefits and telephone allowances (if any) shall cease from the month immediately following the month in which the decision to take leave of absence until reaching retirement age is made.

4. In cases where officials who do not meet the age requirement for re-election or reappointment were regularly using a car for work purposes while working, if they participate in meetings, conferences, or medical examinations, they shall inform their workplace to arrange transportation. If the workplace is unable to arrange transportation, they shall use their own means of transportation and be reimbursed according to current regulations.

5. Officials who do not meet the age requirement for re-election or reappointment and are on leave of absence until reaching retirement age shall not be counted in the establishment strength of the agency, organization, or unit.

Article 6. Financial Resources

The funds for implementing the regimes and policies as prescribed in this Decree shall be allocated from the state budget according to the current budget allocation hierarchy.

Article 7. Effective Date

1. This Decree takes effect from May 1, 2015.

2. The treatment and policies stipulated in this Decree shall be implemented from January 1, 2015.

3. This Decree replaces Government Decree No. 67/2010/NĐ-CP dated June 15, 2010 regarding treatment and policies for officials who do not meet the age requirement for re-election or reappointment to hold positions or posts during the term in agencies of the Communist Party of Vietnam, State, and political-social organizations.

Article 8. Responsibilities for guidance and implementation

1. For cadres under state agencies from central to district and commune levels:

a) The cadre management agency shall be responsible for compiling lists of individuals entitled to benefits and policies as stipulated in this Decree and budget estimates for each category, and submitting them to ministries, ministerial-level agencies, government-affiliated agencies, provincial/municipal people's committees directly under the Central Government. At the same time, they shall implement the payment of benefits and policies as prescribed in this Decree for those entitled to such benefits.

b) Ministries, ministerial-level agencies, government-affiliated agencies, provincial/municipal people's committees directly under the Central Government shall consolidate lists of individuals entitled to benefits and policies as stipulated in this Decree and budget estimates for each category, submit them to the Ministry of Finance for resolution within their authority, and simultaneously submit them to the Ministry of Home Affairs for monitoring, consolidation, and reporting to the Government.

c) The Ministry of Finance shall review the calculation of benefits and policies, budget estimates, and allocate funds for implementing benefits and policies as prescribed in this Decree.

d) The Vietnam Social Security shall be responsible for providing guidance on procedures and directing the social security agencies of provinces and centrally-administered municipalities to collect social insurance premiums and resolve social insurance benefits for eligible individuals in accordance with the laws on social insurance as stipulated in this Decree.

2. For cadres under agencies of the Communist Party of Vietnam and political-social organizations, they shall implement benefits and policies as prescribed in this Decree and in accordance with the guidance of authorized agencies of the Party and political-social organizations.

3. The Ministry of National Defense and the Ministry of Public Security, after reaching consensus with the Ministry of Home Affairs and the Ministry of Finance, shall provide guidance on implementing benefits and policies as prescribed in this Decree for cadres under their jurisdiction.

4. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial/municipal people's committees directly under the Central Government, and related organizations and individuals shall be responsible for enforcing this Decree./.