Nghị định 83/2022/NĐ-CP nghỉ hưu ở tuổi cao hơn đối với cán bộ, công chức giữ chức vụ lãnh đạo, quản lý

DECREE

ON RETIREMENT AT OLDER AGES FOR OFFICIALS HOLDING LEADERSHIP AND MANAGEMENT POSITIONS

Pursuant to the Law on Governmental Organization dated June 19, 2015; Law on Local Government Organization dated June 19, 2015; the Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Officials dated November 13, 2008; Law on amendments to some articles of the Law on Officials and Law on Public Employees dated November 25, 2019;

At the request of the Minister of Domestic Affairs;

The Government promulgates a Decree on retirement at older ages for officials holding leadership and management positions,

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for retirement at older ages for officials holding leadership and management positions.

Article 2. Regulated entities

1. Female officials holding the following positions:

a) Deputy Heads of  central committees or organs of the Communist Party of Vietnam; Deputy Director of Ho Chi Minh National Academy of Politics, Deputy Editor-in-Chief of Nhan Dan Newspaper, Deputy Editor-in-Chief of Communist Review;

b) Vice Chairperson of the Central Committee of the Vietnam Fatherland Front;

c) Vice President of the Council for Ethnic Minorities, Vice Chairpersons of Committees of the National Assembly, Vice Chairman of the Office of the National Assembly;

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

dd) Deputy ministers and deputy heads of ministerial agencies;

e) Vice Chairperson of the Office of the President, Deputy Auditor General in charge of State Audit;

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

h) Deputy Secretary of the Provincial Party Committee, the Municipal Party Committee, the Party Committee of the block under the Central Government; Presidents of the People's Councils, Presidents of the People's Committees of provinces and central-affiliated cities;

i) Members of the Central Inspection Commission;

k) Director of the Truth National Political Publishing House;

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

m) President of Vietnam National University, Hanoi (VNU-HN), President of Vietnam National University, Ho Chi Minh City (VNU-HCM), General Director of Vietnam Social Security, Head of President Ho Chi Minh Mausoleum Management Board, President of the National Financial Supervisory Commission; Vice President of the Committee for Management of State Capital at Enterprises;

n) Vice President of the People's Council, Vice President of the People's Committee of Hanoi and Ho Chi Minh City;

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

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

q) Members of the Standing Committee of the provincial or municipal Party Committee who are ethnic minorities.

2. Officials appointed to the titles of Judge of the Supreme People's Court, Procurator of the Supreme People's Procuracy.

3. This Decree is not applicable to the following entities:

a) Officials holding the position of Minister or equivalent or higher;

b) Officials prescribed in clause 1 of this Article who are members of the Central Committee of the Party;

c) Assistants and secretaries of the General Secretary, the President, the Prime Minister, the President of the National Assembly, standing members of the Secretariat, members of the Politburo, members of the Secretariat, the Vice President of the State, Deputy Prime Minister, Vice Chairman of the National Assembly of Vietnam.

The retirement at older ages for persons prescribed in this clause shall comply with regulations of competent authorities of the Communist Party of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Article 3. Rules for application of retirement at older ages

1. Ensure objectivity, fairness, publicity and compliance with regulations.

2. Agencies have the power to decide retirement at older ages for their officials according to regulations in this Decree but must ensure that the actual retirement age does not exceed 65 years for men and 60 years for women.

3. Officials prescribed in clause 1 Article 2 of this Decree shall still hold their management positions when being accepted for retirement at older ages by the competent agencies.

4. During the period of applying policy for retirement at older ages, if officials have expectations of leaving work, their retirement benefits shall be paid as prescribed by laws.

Article 4. Work periods when retiring at older ages

1. Officials prescribed in clause 1 Article 2 of this Decree shall not work beyond the age of 60.

2. The persons prescribed in clause 2 Article 2 of this Decree shall not work beyond the age of 65 for men and 60 for women.

Chapter III

IMPLEMENTATION CLAUSES

Article 5. Effect

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

2. This Decree replaces Decree No. 53/2015/ND-CP dated May 29, 2015 of the Government on retirement at older ages for officials and Decree No. 104/2020/ND-CP dated September 04, 2020 of the Government amending Decree No. 53/2015/ND-CP.

Article 6. Responsibility for implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, heads of relative agencies, organizations and units are responsible for implementation of this Decree.