According to Article 169.2 of the 2019 Labor Code: "Retirement ages of employees in normal working conditions shall be gradually increased to 62 for males by 2028 and 60 for females by 2035". However, for some cadres and civil servants holding managerial positions, the retirement age will be higher than the usual level. Specifically, the Government had issued Decrees No. 53/2015/ND-CP ("Decree 53") and Decree 104/2020/ND-CP ("Decree 104") stipulating retirement at an older age for cadres and civil servants holding leadership and management positions. Recently, since October 18, 2023, the Government has issued Decree 83/2022/ND-CP ("Decree 83") replacing the aforementioned two Decrees.
Compared to Decree 53 and Decree 104, Decree 83 has several outstanding contents as follows:
Amending cases of female cadres and civil servants subject to older retirement ages[1]
- Deputy Chief Justice of the Supreme People's Court, Deputy Head of the Supreme People's Procuracy;
- Deputy Head of the General State Auditor;
- Deputy Secretary of the Party Committee of the Central Committee;
- Commissioners of the Central Inspection Commission;
- Head of the Institute of Legislation under the Standing Committee of the National Assembly;
- Director of Hanoi National University, Director of Vietnam National University Ho Chi Minh City, General Director of Vietnam Social Insurance, Head of Ho Chi Minh Mausoleum Management Board, Chairman of the National Financial Supervisory Commission, Vice Chairman of the State Capital Management Committee at enterprises;
- Standing Member of the Nation Council and Committees of the National Assembly.
Abolishment of cases in which female cadres and civil servants hold the following positions and titles:
- Officers serving in armed forces with general ranks or higher;
- Heads of agencies under the government (except for the Head of the Management Board of Ho Chi Minh Mausoleum and the Chairman of the Management Committee of State Capital at Enterprises).
Application exclusions of Decree 83
The older retirement age in the following cases shall not fall within the application scope of Decree 83 but shall comply with the provisions of the competent authorities of the Party:
- Officers holding the position of Minister or equivalent or higher;
- Female cadres and civil servants who are members of the Party Central Committee;
- Assistants and secretaries of the General Secretary, the President, the Prime Minister, the President of the National Assembly, the Standing Committee of the Secretariat, members of the Politburo, members of the Secretariat, Vice Presidents, Deputy Prime Ministers, Vice Presidents of the National Assembly.
Working time at older retirement ages
For cadres and civil servants specified in Decree 83, the working time at older retirement ages shall not exceed 65 years for men and 60 years for women[2]. During the implementation of the older retirement age policy, if cadres and civil servants wish to leave work, they will be entitled to the retirement regime in accordance with the provisions of law[3].
Decree 83 shall take effect from October 20, 2022.
[1] Article 2.1 Decree 83.
[2] Article 3.2 of Decree 82.
[3] Article 3.4 of Decree 82.
Comment: