Decree 53/2015/ND-CP stipulating retirement at an older age for cadres and civil servants

DECREE

RETIREMENT AT AN OLDER AGE FOR OFFICIALS

Pursuant to the Law on Government Organization dated December 25th, 2001;

Pursuant to Labor Code dated June 18, 2012;

Pursuant to the Law on Officials dated November 13, 2008;

At the request of the Minister of Home Affairs,

The Government promulgates Decree on retirement at an older age for officials.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes retirement at an older age for officials as specified in Clause 3 Article 187 of Labor Code.

Article 2. Regulated entities

1. Female officials holding the positions and titles below:

a) Deputy heads of Central Committees of the Communist Party; Deputy Chiefs of Central Offices of the Communist Party; Vice Chairpersons of Central Inspection Committee of the Communist Party; Deputy Heads of Steering Committees: North West, central highlands, Mekong delta;

b) Vice Chairpersons of the Office of the President; Vice Chairpersons of the the Office of the National Assembly;

c) Vice Chairpersons presiding Ethnic Minorities Council of the National Assembly; Vice Chairpersons presiding committees of the National Assembly;

d) Deputy ministers; deputies of ministerial agencies; heads of Governmental agencies;

dd) Vice Chairpersons presiding Central Committee of the Vietnam Fatherland Front; deputies of central socio-political organizations;

e) Vice Director of Ho Chi Minh Academy of Politics; Vice Editor in chief of the Nhan Dan newspaper, Vice Editor in chief of the Communist Review; Director of the National Politics – Truth Publishing House;

g) Officers serving in armed forces with general ranks or higher;

h) Deputy Secretary of Executive Communist Committes of provinces and cities; Chairpersons of People’s Councils and People’s Committees of provinces and central-affiliated cities;

i) Vice Chairpersons of People’s Councils and People’s Committees of Hanoi and Ho Chi Minh City;

k) Members of Standing Committees cum heads of Executive Communist Committees of Hanoi and Ho Chi Minh cities.

2.  Justices of the Supreme People’s Court, Prosecutors of the People’s Supreme Procuracy.

Chapter II

SPECIFIC PROVISIONS

Article 3. Principles of retirement at an older age

1. Ensure objectivity, fairness, openness and compliance with regulations and law.

2. Competent authorities shall decide the retirement at an older age for officials as specified in Clause 3 Article 187 of the Labor Code provided that the retirement age in these cases must not exceed 65 years of age for male and 60 years of age for female.

3. The officials specified in Clause 1 Article 2 of this Decree who is decided by competent authorties to retire at an older age shall continue to hold executive and/or managerial ranks.

4. Whenever an official eligible for retirement at an older age wishes to retire, regulations of law on retirement shall apply.

Article 4. Eligibility for retirement at an older age

An official will be eligible for retirement at an older age if he/she is:

1. has adequate health to perform his/her duties; and

2. not undergone any process of disciplinary actions, investigations, prosecution or adjudication by the Communist Party or the authorities.

Article 5. Additional working period in case of eligibility for retirement at an older age

1. The officials specified in Clause 1 Article 2 of this Decree may work for up to 5 more years after the regular retirement age until they reach the age of 60.

2. The officials specified in Clause 2 Article 2 of this Decree may work for up to 5 more years after the regular retirement age until they reach the age of 65 for males and 60 for females.

Chapter III

IMPLEMENTATION

Article 6. Entry into force

1. This Decree comes into force from July 15, 2015.

2. Regulations in Clause 2 Article 2 of this Decree come into force from June 01, 2015.

3. Regulations on retirement at an older age for officials that are against the regulations under this Decree are hereby annulled.

Article 7. Implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and heads of other agencies and organizations shall decide or request competent authorities to decide the retirement at an older age for officials under their management.

2. Ministry of Home Affairs are responsible for examining, consolidating and reporting to Prime Minister about implementation of the regualtions on retirement at an older age for officials before December 31 of each year.

Article 8. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and heads of relevant agencies, organizations and units are responsible for the implementation of this Decree./.

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