DECREE NO. 83/2022/ND-CP ON RETIREMENT AGE FOR SENIOR OFFICIALS AND MANAGERS IN LEADERSHIP POSITIONS

DECREE
Regulations on retirement at a higher age for officials and civil servants holding leadership and management positions
hold leadership and management positions

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

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Civil Servants and Public Officials Law dated November 13, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Law on Public Service Personnel dated November 25, 2019;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree stipulating retirement at a higher age for officials and civil servants holding leadership and management positions,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates retirement at a higher age for officials and civil servants holding leadership and management positions.

Article 2. Applicability

1. Female officials and civil servants holding the following positions:

a) Deputy Director of Central Party Departments; Deputy Director of the Ho Chi Minh National Political Academy, Deputy Editor-in-Chief of the People's Newspaper, Deputy Editor-in-Chief of the Communist Review;

b) Deputy Chairman of the Vietnam Fatherland Front Central Committee;

c) Deputy Chairman of the National Ethnic Council, Deputy Head of Committees of the National Assembly, Deputy Head of the National Assembly Office;

d) Deputy Chief Justice of the Supreme People's Court, Deputy Prosecutor General of the Supreme People's Procuracy;

d) Deputy Minister, deputy of the head of a ministry-level agency;

e) Deputy Head of the President's Office, Deputy State Auditor;

g) Deputy Head of central political-social organizations;

h) Deputy Secretary of provincial party committees, municipal party committees, and party committees directly under the central committee; Chairperson of the Provincial People's Councils, Chairperson of the Provincial People's Committees of centrally governed cities;

i) Member of the Central Inspection Committee;

k) Director of the National Political Publishing House;

1) Director of the Legislative Research Institute under the Standing Committee of the National Assembly;

m) Director of the Hanoi National University, Director of the Ho Chi Minh City National University, General Director of the Vietnam Social Security, Director of the Ho Chi Minh Mausoleum Management Board, Chairperson of the National Financial Supervisory Council; Deputy Chairperson of the State Capital Management Board at Enterprises;

n) Deputy Chairperson of the Municipal People's Councils and Municipal People's Committees of Hanoi and Ho Chi Minh City;

o) Standing Member of the National Ethnic Council and Committees of the National Assembly;

q) Member of the Provincial Party Committee Standing Committee who is an ethnic minority.

2. Civil servants appointed to the position of Supreme People's Court Judge, Supreme People's Procuracy Prosecutor.

3. This Decree shall not apply to the following subjects:

a) Officials holding positions from Minister or equivalent and above;

b) Officials and civil servants specified in Clause 1 of this Article who are members of the Central Party;

c) Assistants and secretaries of the General Secretary, President, Prime Minister, Chairperson of the National Assembly, Standing Deputy Secretary of the Party Central Committee, Politburo member, Secretariat member, Vice President, Deputy Prime Minister, Deputy Chairperson of the National Assembly.

Retirement at a higher age for cases specified in this clause shall be implemented according to the regulations of the competent authority of the Party.

Chapter II
SPECIFIC PROVISIONS

Article 3. Principles for Implementing Retirement at a Higher Age

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

2. The competent authority deciding retirement at a higher age for officials and civil servants as prescribed in this Decree must ensure that the retirement age does not exceed 65 years for males and 60 years for females.

3. Officials and civil servants specified in Clause 1 of Article 2 of this Decree, when decided by the competent authority to retire at a higher age, continue to hold leadership and management positions.

4. During the implementation period of the policy of retirement at a higher age, if officials and civil servants wish to stop working, they will be granted pension benefits according to the provisions of the law.

Article 4. Working period upon retirement at an older age

1. For officials and civil servants as specified in Clause 1, Article 2 of this Decree, the working period upon retirement at an older age shall not exceed sixty years of age.

2. For cases as specified in Clause 2, Article 2 of this Decree, the working period upon retirement at an older age shall not exceed sixty-five years of age for males and sixty years of age for females.

Chapter III

IMPLEMENTING PROVISIONS

Article 5. Effective Date

1. This Decree takes effect from October 20, 2022.

2. This Decree replaces Decree No. 53/2015/NĐ-CP dated May 29, 2015 of the Government on retirement at an older age for officials and civil servants, and Decree No. 104/2020/NĐ-CP dated September 4, 2020 of the Government amending and supplementing Decree No. 53/2015/NĐ-CP dated May 29, 2015 of the Government on retirement at an older age for officials and civil servants.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations, and heads of relevant agencies, organizations, and units shall be responsible for implementing this Decree.