Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC, replied:
Clause 2 and Clause 3, Article 31 of the Law on Cadres and Civil Servants 2025 stipulates:
2. Civil servants are allowed to retire according to the provisions of the Labor Code, except in cases prescribed by competent authorities.
3. The authority, order, procedures for termination of employment and retirement and the regime and policies for civil servants who terminate their employment and retire shall comply with the regulations of competent authorities and the Government.
Article 61 of Decree 170/2025/ND-CP regulating the recruitment, use and management of civil servants stipulates the authority and retirement date as follows:
1. The person with the authority to terminate employment as prescribed in Article 57 of this Decree has the authority to retire.
2. The retirement date of civil servants is implemented according to the provisions of the law on labor and the law on social insurance, except in cases other than those prescribed by competent authorities.
3. The retirement date is postponed in one of the following cases:
a) Not more than 01 month for one of the following cases: the retirement date coincides with the Lunar New Year holiday; civil servants whose spouses, fathers, mothers (wives or husbands), children have passed away or are declared missing by the Court; themselves and their families are affected by natural disasters, fire;
b) Not more than 03 months for one of the following cases: serious illness or accident with a hospital confirmation certificate;
c) Not more than 06 months for cases being treated for diseases on the list of diseases requiring long-term treatment issued by the Ministry of Health, with a confirmation from the hospital.
4. Civil servants whose retirement date is postponed in many cases specified in Clause 3 of this Article shall only be implemented according to regulations in one case with the largest retirement date delay.
5. The competent person issuing the pension shall decide on the postponement of the retirement date according to the provisions of Clause 3 of this Article, except in cases where the civil servant does not wish to postpone the retirement date.
6. The extension of working time for civil servants with high professional qualifications and extensive practical experience who are old enough to retire according to the provisions of this Article shall be implemented in accordance with the provisions of relevant laws.
Thus, the retirement date of civil servants is implemented according to the provisions of the law on labor and the law on social insurance, except in cases other than those prescribed by competent authorities.
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