Chương II Nghị định 50/2022/NĐ-CP: Quy định cụ thể

Chapter II

SPECIFIC PROVISIONS

Article 3. Rules for retirement at a higher age

1. Ensure objectivity, equality, transparency and compliance with regulations and law.

2. Retirement at a higher age shall occur after no more than 5 years (60 months) from the date on which public employees are eligible for retirement in accordance with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government on retirement age.

3. During the period extended past the normal retirement age according to Decree No. 135/2020/ND-CP, a public employee is only eligible for professional tasks and is prohibited from holding leader or managerial position and is not eligible accrued managerial position allowance.

4. During the period extended past the normal retirement age according to Decree No. 135/2020/ND-CP, if a public employee wishes to retire or is no longer needed by his/her public service provider, he/she shall benefit from pension policies as per the law.

Article 4. Requirements and procedures for retirement at a higher age

1. A public employee shall be eligible for retirement at a higher age when:

a) His/her public service provider demands so;

b) His/her health is adequate;

c) He/she is not currently facing disciplinary actions, being investigated, prosecuted, tried, or enforcing disciplinary actions due to violations relating to the Communist Party and applying for extension of working period.

2. Procedures for extending retirement age:

a) On an annual basis, public service providers shall rely on their development directions, human resources, and job requirements to announce extended retirement age rules and demands;

b) Public employees meeting all requirements shall submit application for extension of working period to competent authorities at least 6 months prior to their normal retirement age;

c) Competent authorities shall review, assess eligibility of applicants, rules and demands of the public service providers to consider and decide on extending working period of public employees and extended period of each public employee.

d) Decision on extended working period of public employees shall be sent to relevant organizations and individuals at least 3 months prior to their retirement age.

Article 5. Policies for public employees retiring at a higher age

1. Public employees retiring at a higher age shall be considered public employees working in public service providers.

2. Public employees retiring at a higher age shall receive salaries applicable to their current title and benefit from other policies as per the law.