Decree 83/2022/ND-CP retirement later than the prescribed ages for cadres holding manager titles

DECREE

Providing regulations on retirement later than the prescribed retirement ages applicable to cadres and civil servants holding leadership or manager titles

^{_____________}

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Organization of Local Administration dated June 19, 2015; Law on Amending and Supplementing a Number of Articles 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 dated November 20, 2019;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008; Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees dated November 25, 2019;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree providing regulations on retirement later than the prescribed retirement ages applicable to cadres and civil servants holding leadership or manager titles,

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree defines regulations on retirement later than the prescribed retirement ages applicable to cadres and civil servants holding leadership or manager titles.

Article 2. Subjects of application

1. Female cadres and civil servants holding the following positions or titles:

a) Deputy heads of committees, Party organs at the central level; Deputy Director of Ho Chi Minh National Academy of Politics, Deputy Editor-in-Chief of Nhan Dan (People) Newspaper, Deputy Editor-in-Chief of Communist Review;

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

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

d) Deputy Chief Justices of the Supreme People’s Court, Deputy Procurators General of the Supreme People’s Procuracy;

dd) Deputy ministers and deputy heads of ministerial-level agencies;

e) Deputy Directors of the President Office, Deputy Auditors General of the State Audit Office of Vietnam;

g) Deputy heads of socio-political organizations at the central level;

h) Deputy secretaries of provincial and municipal Party Committees, the Party Committee of the Central Agencies’ Bloc; Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and centrally-run cities;

i) Members of the Central Inspection Commission;

k) Director of National Political Publishing House;

l) President of the Institute for Legislative Studies under National Assembly Standing Committee;

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

n) Deputy Chairpersons of the People’s Councils, Deputy Chairpersons of the People’s Committees of Hanoi and Ho Chi Minh City;

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

p) Members of the Standing Committee being concurrently Head of Party commissions of Hanoi and Ho Chi Minh City Party Committees;

q) Members of Provincial and Municipal Party Standing Committees being ethnic minority persons.

2. Civil servants are appointed to judges of the Supreme People’s Court, procurators of the Supreme People’s Procuracy.

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

a) Cadres holding the title of Minister or equivalent or higher;

b) Cadres and civil servants specified in Clause 1 of this Article that are members of the Party Central Committee;

c) Assistants, secretaries of General Secretary, President, Prime Minister, Chairperson of the National Assembly, standing members of the Secretariat, members of the Political Bureau, members of the Secretariat, Vice Presidents, Deputy Prime Minister, Deputy Chairpersons of the National Assembly.

The retirement later than the prescribed retirement ages for the cases specified in this Clause shall comply with the provisions of the Party’s competent agencies.

CHAPTER II
SPECIFIC PROVISIONS

Article 3. Principles of implementation of the retirement later than the prescribed retirement ages

1. Ensuring objectivity, equity and publicity according to regulations.

2. Competent agencies shall decide the retirement later than the prescribed retirement ages for cadres and civil servants in accordance with this Decree but must ensure that the retirement age does not exceed 65 years for male cadres and civil servants and 60 years for female cadres and civil servants.

3. Cadres or civil servants specified in Clause 1 Article 2 of this Decree shall continue to hold the leadership or manager titles after the competent agency decides their retirement later than the prescribed retirement ages.

4. During the implementation of the retirement later than the prescribed retirement ages, if cadres or civil servants wish to stop working, the pension regime shall be settled in accordance with law regulations.

Article 4. Working period upon retirement later than the prescribed retirement ages

1. For cadres and civil servants specified in Clause 1 Article 2 of this Decree, the retirement age does not exceed 60 years.

2. For cases specified in Clause 2 Article 2 of this Decree, the retirement age does not exceed 65 years for male civil servants and 60 years for female civil servants.

Chapter III
IMPLEMENTATION PROVISIONS

Article 5. Effect

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

2. This Decree replaces the Government’s Decree No. 53/2015/ND-CP dated May 29, 2015, providing regulations on retirement later than the prescribed retirement ages applicable to cadres and civil servants and the Government’s Decree No. 104/2020/ND-CP dated September 04, 2020, amending and supplementing the Government’s Decree No. 53/2015/ND-CP dated May 29, 2015, providing regulations on retirement later than the prescribed retirement ages applicable to cadres and civil servants.

Article 6. Implementation responsibility

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities and heads of related agencies, organizations and units shall be responsible for the implementation of this Decree.