Some cadres and civil servants holding leadership and management positions may retire at an age higher than that prescribed by the Labor Code, but must ensure that they do not exceed 65 years old for men and 60 years old for women.
Minister of Home Affairs Pham Thi Thanh Tra has just signed to authenticate Consolidated Document No. 7/VBHN-BNV, consolidating the Decree regulating retirement at an older age for cadres and civil servants holding leadership and management positions.
According to the guidance of the Ministry of Home Affairs, civil servants appointed to the positions of Judge of the Supreme People's Court or Prosecutor of the Supreme People's Procuracy can retire at an older age but not more than 65 years old for men and 60 years old for women.
The positions and titles held by female cadres and civil servants who can retire at an older age but not exceeding 60 years old include: Deputy Head of a Party Central Committee or 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 Chairmen of the National Assembly Committees, Vice Head of the National Assembly Office; Deputy Chief Justice of the Supreme People's Court, Deputy Chief of the Supreme People's Procuracy; Deputy Minister, Deputy Head of a ministerial-level agency; Deputy Head of the Office of the President, Deputy State Auditor General.
Female officials and civil servants holding positions and titles such as: Deputy Heads of socio-political organizations at the Central level; Deputy Secretaries of Provincial Party Committees, City Party Committees, Party Committees of Central-affiliated blocs; Chairmen of People's Councils, Chairmen of People's Committees of provinces and centrally-affiliated cities; Members of the Central Inspection Committee; Director of the National Political Publishing House Truth; Director of the Institute for Legislative Studies under the Standing Committee of the National Assembly; Director of Hanoi National University, Director of Ho Chi Minh City National University, General Director of Vietnam Social Security, 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 and Ho Chi Minh City; Standing member of the National Council and Committees of the National Assembly; Member of the Standing Committee of the Hanoi and Ho Chi Minh City Party Committees; Members of the Standing Committee of the Provincial and Municipal Party Committees who are ethnic minorities can also retire at a higher age but not more than 60 years old.
The document also clearly states the principles for implementing retirement at a higher age, which must ensure objectivity, fairness, transparency and compliance with regulations; competent authorities decide on retirement at a higher age for cadres and civil servants according to the provisions of this Decree but must ensure that the retirement age does not exceed 65 years old for men and 60 years old for women.
When a competent authority decides to retire at an older age, officials and civil servants 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, their retirement benefits will be resolved according to the provisions of law.
This Decree does not apply to the following subjects: Officials holding positions of minister or equivalent or higher; officials and civil servants who are members of the Party Central Committee; assistants and secretaries 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 in these cases shall be implemented according to regulations of the competent Party agency.
The Labor Code stipulates that the retirement age of employees in normal working conditions is adjusted according to a gradual increase: From 2021, it will be 60 years and 3 months for male employees, 55 years and 4 months for female employees; After that, it will increase by 3 months for male employees, 4 months for female employees every year until reaching 62 years old for male employees in 2028 and 60 years old for female employees in 2035.