On August 2, 2022, the Government issued Decree 50/2022/ND-CP regulating retirement at an older age for public employees in public non-business units.

Accordingly, the Decree stipulates the retirement at a higher age for public employees with high professional and technical qualifications in public non-business units and public employees working in a number of specific non-business fields.

04 cases of public employees in public non-business units will have their retirement age extended 

Specifically, this Decree applies to: (1) public employees with the titles of Professor, Associate Professor; (2) officials holding professional titles that require training qualifications to be a doctorate or second-degree specialist; (3) forensic examiner, forensic psychiatrist; (4) highly specialized and technical officials in a number of specific career fields as prescribed by specialized laws.

The principle of implementing retirement at an older age should ensure objectivity, fairness, publicity and compliance with regulations. The retirement age for public employees shall not exceed 5 years (60 months), counting from the time the public employee reaches the prescribed retirement age.

During the period of retirement at an older age, public employees only perform professional duties, without holding leadership or management positions, and are not entitled to reserve allowances for leadership positions. In case the public employee wishes to retire from work or the non-business unit no longer needs it, his/her retirement regime shall be settled according to regulations.

Conditions for public employees to retire at an older age include public service units in need, good health, not being subject to disciplinary review, investigation, prosecution, trial or disciplining the party and administration and applying for an extension of working time.

Annually, public non-business units, based on the development orientation, human resource situation of the organization and the requirements of the working position, announce the policy and the need to extend the working time.

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Public employees who meet the prescribed conditions shall submit an application to extend their working time, and send them to the competent authorities according to their management decentralization for a decision on extension at least 06 months before the time of retirement.

Competent levels according to the management decentralization shall consider and evaluate the conditions of public employees who wish to extend their working time and the policies and needs of public non-business units to consider and decide on their working time extension, or the time of extension for each case of public employees.

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The decision to extend the working time of public employees shall be sent to relevant organizations and individuals at least 03 months before the time of retirement.

The Decree also stipulates that public employees holding the title of lecturer of a public higher education institution or an employee holding a scientific or technological title at a public science and technology institution that has been granted the authority to decide the extension of working time according to current regulations shall continue to do so.

Public employees who are entitled to an extension of retirement age shall enjoy a salary regime according to their current professional titles and other regimes and policies as prescribed.

Decree 50/2022/ND-CP takes effect from August 15, 2022./.