Decree No. 67/2010/NĐ-CP stipulates the system and policies for cadres not eligible for re-election or reappointment to positions during their term in agencies of the Party, State, and political-social organizations. This Decree applies from the central level down to the commune level and takes effect from August 1, 2010.
适用范围
Cadres not eligible for re-election or reappointment to positions during their term in agencies of the Communist Party of Vietnam, State, and political-social organizations at the central, provincial, district, and commune levels.
要点
- Cadres not eligible for re-election or reappointment with at least 20 years of social insurance contributions are entitled to retirement benefits as prescribed by laws on social insurance and other benefits such as allowances and salary grading.
- If continuing to work until reaching the retirement age, cadres may be assigned to new suitable positions or placed on leave pending retirement.
- Cadres on leave pending retirement continue to receive their full salary and allowances during the waiting period.
- The funding for implementing the systems and policies under this Decree shall be provided from the State budget.
- This Decree takes effect from August 1, 2010.
🌐 本文件的社会影响
- Positive impact: Helps cadres not eligible for re-election or reappointment to enjoy retirement benefits and other policies, ensuring their rights.
- Negative impact: May impose a financial burden on the State budget.
❓ 常见问题
What benefits do cadres not eligible for re-election or reappointment receive?
They are entitled to retirement benefits as prescribed by laws on social insurance and other benefits such as allowances and salary grading.
Can cadres be assigned to new positions if they continue working until reaching the retirement age?
Yes, if a suitable position cannot be found, they will be placed on leave pending retirement.
What benefits do cadres receive if they are on leave pending retirement?
They continue to receive their full salary and allowances during the waiting period.
Where does the funding for implementing the systems and policies under this Decree come from?
It is provided from the State budget.
When does this Decree take effect?
It takes effect from August 1, 2010.
全文
DECREE
Regarding the system and policies for cadres who are not old enough to be re-elected or re-appointed to positions and titles with term limits in agencies
of the Communist Party of Vietnam, the State, 1. This Decree stipulates the system and policies for cadres who are not old enough to be re-elected or re-appointed to positions and titles with term limits in agencies of the Communist Party of Vietnam, the State, political-social organizations at the central level, at provincial level (provincial level), at district level (district level), town, town under province (district level) and at commune level, ward, town (commune level).
political-social organizations
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THE GOVERNMENT
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;
Considering the proposal of the Minister of Home Affairs,
DECREE:
Article 1. Scope of Regulation and Applicability
2. The cadres referred to in Clause 1 of this Article are defined in Clause 1 and Clause 3 of Article 4 of the Civil Servants Law.
3. The age limit for re-election or re-appointment to positions and titles with term limits in agencies of the Communist Party of Vietnam, the State, political-social organizations shall be implemented in accordance with the provisions of the law and the competent authority.
Article 2. System and policies for cadres retiring before the statutory retirement age
1. Cadres prescribed in Article 1 of this Decree, if they have contributed to social insurance for at least 20 years and submit a voluntary retirement application before the statutory retirement age to the cadre management agency, shall enjoy retirement benefits as prescribed by the law on social insurance and also enjoy the following additional benefits:
b) A lump sum payment of three months' salary for each year of early retirement compared to the provision at point a, Clause 1, Article 50 of the Social Insurance Law;
a) Not subject to reduction in the proportion of pension due to early retirement;
c) A lump sum payment of five months' salary for the first twenty years of service with social insurance contributions; from the twenty-first year onwards, for each year of service with social insurance contributions, a lump sum payment of half a month's salary;
At the time of submitting the early retirement application, if the current position's grade 1 has been held for at least 48 months, then the grade can be increased to grade 2 of the current position for retirement purposes;
d) For cadres with position-based pay:
If the final grade of the current rank has not yet been reached but during the period of holding the grade, all assigned tasks have been completed satisfactorily, there has been no disciplinary action, and at the time of submitting the early retirement application, there is still a shortage of between one to twelve months to qualify for regular promotion according to regulations, then the grade can be promoted ahead of schedule by twelve months for retirement purposes.
đ) For cadres with specialized or vocational pay and receiving leadership position allowances:
If there is pre-1975 April 30 work experience, currently enjoying the final grade or enjoying the seniority allowance exceeding the ceiling of the current rank, having a bachelor's degree or higher, and throughout the working period, all assigned tasks have been completed satisfactorily, without any disciplinary actions in the last ten years before retirement, then the rank can be promoted directly to the next higher rank within the same field of expertise or profession (if applicable) for retirement purposes.
2. The monthly salary for calculating the lump sum payment is the average of the actual monthly salary received over the last five years before retirement, including: the position salary or the rank salary, grade salary; position allowances, seniority allowances exceeding the ceiling, occupational seniority allowances, and retained salary differential (if any).
3. The service period for calculating the lump sum payment is the period of work in agencies of the Party, the State, political-social organizations, public service units, and state-owned enterprises that have made social insurance contributions according to regulations without receiving severance pay or demobilization benefits.
3. The period of work eligible for severance pay is the time worked in Party agencies, state agencies, political-social organizations, public service units, and state-owned enterprises that have been counted towards social insurance contributions as prescribed, but have not yet received severance pay or retirement 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 3. Treatment and policies for officials continuing to work until retirement age
1. Officials specified in Article 1 of this Decree who have not yet reached the retirement age as prescribed, if they do not wish to retire early and possess the necessary qualities, capabilities, reputation, health to continue working, shall be assigned a new suitable position by the competent authority. In cases where a new suitable position cannot be arranged, they will be allowed to take a leave of absence until reaching the retirement age as stipulated in Article 4 of this Decree.
2. If the new position does not specify a post salary or post allowance (not being a leadership position) or has a lower post salary or post allowance than those already received, the post salary or post allowance already received shall be retained for six months; from the seventh month onwards, they shall receive the post salary or post allowance (if applicable) of the new position.
Article 4. Treatment and policies for officials on leave awaiting retirement age
Officials specified in Article 1 of this Decree who still have less than two years (less than twenty-four months) of work until the retirement age, if a new suitable position cannot be arranged and they do not wish to retire early, shall be decided by the competent authority to allow them to take a leave of absence until reaching the retirement age. During the period of leave awaiting retirement age, the following treatment shall be implemented:
1. They shall receive the original post salary or grade salary, post allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, and retained salary difference (if applicable).
2. The official and the agency where the official worked before taking leave shall base on the salary, allowances, and retained salary difference (if applicable) received under Clause 1 of this Article to continue contributing to social insurance and health insurance at the same level as before taking leave.
3. Other benefits (if any) shall cease from the month immediately following the month of the decision to take leave awaiting retirement age.
4. In cases where officials are regularly provided with a car during their work and need to attend meetings or seek medical treatment upon the request of the competent authority, they should inform the agency where they worked before taking leave so that transportation can be arranged.
Article 5. Source of Funds
The funds to implement the treatment and policies as prescribed in this Decree shall be allocated from the state budget.
Article 6. Effectiveness
1. This Decree takes effect from August 1, 2010.
The treatment and policies prescribed in this Decree shall be implemented from January 1, 2010.
2. Officials applying the treatment and policies prescribed in this Decree shall not apply the treatment and policies prescribed in Decree No. 132/2007/NĐ-CP dated August 8, 2007 of the Government on reduction of staff establishment.
Article 7. Responsibilities for Guidance and Implementation
1. For cadres under state agencies from central to district and commune levels:
a) The personnel management agencies shall perform the following tasks:
Prepare a list of individuals entitled to the treatment and policies prescribed in this Decree and the budget estimate for implementing these policies for each category, and submit it to the ministries, ministerial-level agencies, government agencies, and provincial People's Committees.
Implement the payment of the treatment and policies prescribed in this Decree for the beneficiaries;
b) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees shall compile a list of individuals entitled to the treatment and policies prescribed in this Decree and the budget estimate for implementing these policies for each category, and submit it to the Ministry of Finance for implementation within their authority; simultaneously, submit it to the Ministry of Home Affairs for monitoring, compiling, 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) Social Insurance agencies shall be responsible for implementing social insurance policies for the beneficiaries in accordance with the laws on social insurance and the provisions of this Decree.
2. For officials in agencies of the Communist Party of Vietnam and political-social organizations, the treatment and policies prescribed in this Decree shall be implemented according to the guidance of the competent authorities 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 agencies, Chairpersons of provincial People's Committees directly under the central government, and related organizations and individuals are responsible for enforcing this Decree./.
PRIME MINISTER
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