Chương IX Nghị định 159/2020/NĐ-CP: Thủ tục nghỉ hưu đối với người quản lý doanh nghiệp nhà nước, kiểm soát viên, người đại diện phần vốn nhà nước

Chapter IX

PROCEDURES FOR RETIREMENT OF EXECUTIVES OF STATE ENTERPRISES, COMPTROLLERS, REPRESENTATIVES OF STATE OWNERSHIP INTERESTS

Article 74. Determination of retirement commencement date

1. The retirement commencement date shall be the 1^st day of the month succeeding the due month of the statutory full retirement age of executives of state enterprises, comptrollers, and representatives of state ownership interests.

If the personal profile of the executive of state enterprise, the comptroller or the representative of state ownership interests does not clarify the day or month of birth, the retirement commencement date shall be January 1 of the year succeeding the due year of his/her statutory full retirement age.

2. The retirement commencement date may be extended in the following cases:

a) Not more than 01 month in one of the cases where the retirement commencement date coincides with the Lunar New Year holiday; spouse, parent-in-law or child of the executive of state-owned enterprise or the representative of state ownership interests has died or has been declared missing by the Court; the retirement pensioner-to-be and his/her family suffers loss or damage due to natural disasters, enemies, or conflagration;

b) Not more than 03 months for one of the cases where the retirement pensioner-to-be suffers serious illness or accident and obtaining hospital’s health certificate;

c) Not more than 06 months in the cases where the retirement pensioner-to-be is being treated for any disease on the list of diseases needing long-term treatment issued by the Ministry of Health and obtaining hospital’s health certificate.

3. If executives of state enterprises, comptrollers or representatives of state ownership interests may be entitled to extension of the dates of commencement of their retirement in the cases prescribed in clause 2 of this Article, the regulation applied to the case in which the extended time of the retirement commencement date is longest shall prevail.

4. The competent authority may be entitled to extension of the dates of commencement of retirement as per clause 2 of this Article, except as executives of state enterprises, comptrollers or representatives of state ownership interests do not wish to extend their retirement commencement date.

Article 75. Retirement notification and decision

1. 6 months before the commencement time of retirement as prescribed in Clause 1 of Article 74 of this Decree, the competent authority must issue a written notice of the retirement.  The notification of the retirement commencement date of the executive of state enterprise, comptroller, and representative of state ownership interest shall be regulated as follows:

a) The representative agency issues the notification of retirement of the President of the Board of Directors, the Company President, the Comptroller and the representative agency;

b) President of the Board of Directors or the Company President issues the notification of retirement of member of the Board of Directors, the General Director, the Director, the Deputy General Director, the Deputy Director and the Chief Accountant. 

2. 03 months before the prescribed commencement date of retirement of the executive of state enterprise, the comptroller or the representative of state ownership interests retires as prescribed, the representative agency or the enterprise must issue the retirement decision under their delegated authority or report to the competent authority to petition them to issue the retirement decision.