Decree No. 71/2000/NĐ-CP on extending the working period of officials and civil servants until retirement age

DECREE

Regulations on extending the working period of cadres and civil servants until retirement age

 THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Labour Code dated June 23, 1994;

Pursuant to Article 31 of the Cadres and Civil Servants Ordinance dated February 26, 1998;

At the proposal of the Minister, Head of the Organization-Cadre Department of the Government,

 DECREE:

Article 1. Cadres and civil servants specified in Clauses 2 and 3 of Article 1 of the Cadres and Civil Servants Ordinance, when reaching retirement age, may be considered for an extension of their working period, including the following categories:

1. Those directly engaged in research work at Party and State agencies who are appointed and receive the salary scale of senior experts as stipulated in Decree No. 25/CP dated May 23, 1993 of the Government on the temporary regulations on new salary system for civil servants, public officials, and armed forces personnel;

2. Those holding a Doctor of Science degree working in their field of training; those holding the title of Professor or Associate Professor directly engaged in research and teaching in their field at Institutes, Academies, and universities;

3. Those truly talented individuals recognized by organizations and units, directly engaged in work in their field of expertise in the areas of healthcare, education-training, science-technology, culture, and arts.

Article 2. Conditions for extending the working period of cadres and civil servants:

1. The organization or unit using cadres and civil servants has a genuine need;

2. Cadres and civil servants voluntarily agree and have sufficient health to work.

Article 3. Principles for considering and implementing the extension of the working period of cadres and civil servants:

1. Implementing the principle of collective democracy combined with the promotion of the responsibility of the head of the organization or unit;

2. During the extended working period, cadres and civil servants shall not hold leadership positions;

3. Cadres and civil servants with an extended working period shall be included within the total number of staff of the organization or unit assigned by the competent authority.

Article 4

The extended working period of cadres and civil servants may range from one year to a maximum of five years;

Annually, the organization using cadres and civil servants shall be responsible for reviewing the needs of the organization and the health of the cadres and civil servants to decide according to its authority or to propose to the competent authority for consideration and decision on the continued extension of the working period of cadres and civil servants.

Article 5. Procedures for considering the extension of the working period of cadres and civil servants:

1. The leadership body of the organization or unit responsible for managing the work of cadres and civil servants shall determine the needs, assess the talent and health of cadres and civil servants whose working period is to be extended;

2. A written exchange shall be conducted with cadres and civil servants whose working period is to be extended;

3. If cadres and civil servants agree to extend their working period according to the requirements of the organization or unit, they shall submit their written opinion to the organization or unit;

4. The organization or unit using cadres and civil servants shall issue a decision to extend the working period according to its authority or propose to the competent authority for decision;

5. The consideration of extending the working period for cadres and civil servants reaching retirement age must be notified to the cadres and civil servants three months before the retirement date;

6. The file of cadres and civil servants whose working period is to be extended and the proposal of the organization or unit must be completed and submitted to the competent authority for consideration and decision at least two months before the cadres and civil servants reach their retirement date.

Article 6. The Minister, the head of the organization or unit, the Chairman of the People's Committee of provinces and centrally governed cities shall issue decisions regarding cadres and civil servants within their jurisdiction according to the current cadre management regulations and division of responsibilities.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. Cadres and civil servants whose working period is extended shall enjoy salaries and benefits based on the principle that the salary grade and other benefits shall be adjusted according to the job performed, ensuring that the salary and benefits are not lower than those enjoyed before the extension of the working period;

2. The organization or unit managing and using cadres and civil servants shall be responsible for providing working conditions and implementing policies for cadres and civil servants whose working period is extended as prescribed by law.

Article 8. The Government Organizational Cadre Department shall coordinate with the Central Organizational Department to guide the implementation of this Decree.

Article 9. This Decree shall take effect fifteen days from the date of signature.

Article 10. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of the People's Committees of provinces and centrally governed cities, and heads of relevant organizations and units shall be responsible for enforcing this Decree./.