Cadres retiring at a higher age

Quỳnh Chi |

Reader Nguyen Tinh asked: What principle does Decree 83 allow civil servants holding leadership and management positions to retire at a higher age?

Youme Law Firm LLC said that according to Article 2 of Decree 83/2022/ND-CP (amended by Article 1 of Decree 99/2024/ND-CP), the subjects of application are as follows:

- Female civil servants holding the following positions and titles:

+ Deputy Head of the Central Party Committee and Agency; Deputy Director of the Ho Chi Minh National Academy of Politics, Deputy Editor-in-Chief of Nhan Dan Newspaper, Deputy Editor-in-Chief of Communist Magazine;

+ Vice Chairman of the Central Committee of the Vietnam Fatherland Front;

+ Vice Chairman of the Ethnic Council, Vice Chairman of the National Assembly Committees, Vice Chairman of the National Assembly Office;

+ Deputy Chief Justice of the Supreme People's Court, Deputy Director of the Supreme People's Procuracy;

+ Deputy Ministers and deputy heads of ministerial-level agencies;

+ Deputy Head of the Office of the President, Deputy State Auditor General;

+ Deputy heads of central socio-political organizations;

+ Deputy Secretary of the Provincial Party Committee, City Party Committee, Party Committee of the Central Government-underced bloc; Chairman of the People's Council, Chairman of the People's Committee of the Central Government-underced province or city;

+ Member of the Central Inspection Committee;

+ Director of the Truth National Political Publishing House;

+ Director of the Institute of Legislative Studies under the National Assembly Standing Committee;

+ Director of Hanoi National University, Director of Ho Chi Minh City National University, General Director of Vietnam Social Insurance, Head of the Ho Chi Minh Mausoleum Management Board, Chairman of the National Financial Supervision Committee; Vice Chairman of the State Capital Management Committee at Enterprises;

+ Vice Chairman of the People's Council, Vice Chairman of the People's Committee of Hanoi City and Ho Chi Minh City;

+ Standing members of the Ethnic Council and the National Assembly Committees;

+ Members of the Standing Committee of the Provincial Party Committee or City Party Committee are ethnic minorities.

- Civil servants appointed to the positions of Judge of the Supreme People's Court and Prosecutor of the Supreme People's Procuracy.

- Decree 83/2022/ND-CP does not apply to the following subjects:

+ Officials holding positions from Ministers or equivalent or higher;

+ The civil servant specified in Clause 1 of this Article is a member of the Party Central Committee;

+ Assistant and secretary of the General Secretary, President, Prime Minister, Chairman of the National Assembly, Standing member of the Secretariat, Politburo member, member of the Secretariat, Vice President, Deputy Prime Minister, Vice Chairman of the National Assembly.

Retirement at an older age for the cases specified in this clause shall comply with the regulations of the competent Party agency.

According to Article 3 of Decree 83/2022/ND-CP, 04 principles for implementing retirement at a higher age for civil servants holding leadership and management positions include:

- Ensure pharmacy is objective, fair, public and in accordance with regulations.

- The competent authority decides to retire at an older age for civil servants according to the provisions of Decree 83/2022/ND-CP but must ensure that the retirement age does not exceed 65 years for men and 60 years for women.

- Cadres and civil servants specified in Clause 1, Article 2 of Decree 83/2022/ND-CP, when decided by competent authorities to retire at an older age, will continue to hold leadership and management positions.

- During the implementation of the retirement policy at an older age, if cadres and civil servants wish to retire, the pension regime will be resolved according to the provisions of law.

Quỳnh Chi
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