Decree No. 50/2022/NĐ-CP stipulates retirement age at a higher age for civil servants in public service units.

DECREE
Regulations on retirement at an advanced age for civil servants in public service units

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Civil Servant Law dated October 15, 2010; the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Civil Servant Law dated November 25, 2019;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree stipulating retirement at an advanced age for civil servants in public service units.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the retirement at an advanced age for civil servants with high professional qualifications in public service units and civil servants working in certain special public service fields.

Article 2. Applicability

This Decree applies to:

1. Civil servants holding the academic title of Professor or Associate Professor,

2. Civil servants holding a job title requiring a Doctorate degree or a second-level specialty;

3. Forensic medical examiners, forensic psychiatric examiners;

4. Civil servants with high professional qualifications in certain special public service fields as prescribed by specialized laws.

Chapter II
SPECIFIC PROVISIONS

Article 3. Principles for Implementing Retirement at an Advanced Age

1. Ensuring objectivity, fairness, transparency, and compliance with regulations.

2. The retirement at an advanced age for civil servants shall not exceed five years (60 months), calculated from the date when the civil servant reaches the retirement age as prescribed by Government Decree No. 135/2020/NĐ-CP dated November 18, 2020 regarding retirement age.

3. During the period of implementing retirement at an advanced age, civil servants shall only perform professional tasks, shall not hold leadership positions, and shall not retain leadership position allowances.

4. During the period of implementing retirement at an advanced age, if civil servants wish to stop working or the public service unit no longer has a need, they shall be granted retirement benefits according to the provisions of the law.

Article 4. Conditions, Procedures, and Formalities for Considering and Deciding on Retirement at an Advanced Age for Civil Servants

1. Civil servants may retire at an advanced age if they meet all of the following conditions:

a) The public service unit has a need,

b) They have sufficient health,

c) They are not currently under disciplinary review, investigation, prosecution, trial, or party and administrative disciplinary measures, and have submitted a request to extend their working time.

2. Procedures and formalities for considering and extending working time:

a) Annually, the public service unit, based on development orientation, human resource situation, and job requirements, announces its policy and needs for extending working time;

b) Civil servants who meet the prescribed conditions and submit a request to extend their working time must send it to the competent authority responsible for management decisions at least six months before the retirement date;

c) The competent authority responsible for management considers and evaluates the conditions of civil servants wishing to extend their working time and the policy and needs of the public service unit to decide on extending working time for each individual case;

d) The decision to extend the working time of civil servants must be sent to relevant organizations and individuals at least three months before the retirement date.

Article 5. Benefits and Policies for Civil Servants Retiring at an Advanced Age

1. They are considered part of the total number of employees of the public service unit assigned by the competent authority;

2. They enjoy salary benefits according to the current job title level and other benefits and policies as prescribed by law.

Chapter III

IMPLEMENTING PROVISIONS

Article 6. Effectiveness

1. This Decree takes effect from August 15, 2022.

2. The following provisions cease to be effective from the date this Decree takes effect:

a) Article 9 of Government Decree No. 141/2013/NĐ-CP dated October 24, 2013 detailing and guiding the implementation of certain provisions of the Higher Education Law;

b) Article 9 of Government Decree No. 40/2014/NĐ-CP dated May 12, 2014 on the utilization and promotion of individuals engaged in science and technology activities.

Article 7. Transitional Provisions

Civil servants holding teaching positions in public higher education institutions or scientific and technological positions in public research and technology organizations who have been authorized to extend their working time according to Article 9 of Government Decree No. 141/2013/NĐ-CP dated October 24, 2013 detailing and guiding the implementation of certain provisions of the Higher Education Law or Article 9 of Government Decree No. 40/2014/NĐ-CP dated May 12, 2014 on the utilization and promotion of individuals engaged in science and technology activities prior to the effective date of this Decree shall continue to implement according to Government Decree No. 141/2013/NĐ-CP and Government Decree No. 40/2014/NĐ-CP.

Article 8. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for enforcing this Decree.