Nghị định 71/2000/ND-CP

DECREE

ON THE PROLONGATION OF THE WORKING TIME OF OFFICIALS AND PUBLIC SERVANTS WHO HAVE REACHED THE RETIREMENT AGE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
Pursuant to Article 31 of the Ordinance on Officials and Public Servants of February 26, 1998;
At the proposal of the Minister-Head of the Organization and Personnel Commission of the Government,

DECREES:

Article 1.- Officials and public servants stipulated at Clauses 2 and 3, Article 1 of the Ordinance on Officials and Public Servants to be considered for prolongation of the working time when reaching retirement age include the following persons:

1. Persons working directly in research work at agencies of the Party and the State who are appointed and receive wages in the category of high specialists stipulated at Decree No. 25/CP of May 23, 1993 of the Government on the provisional new wage regime applicable to public servants and State employees in the administrative and public-service sectors and the armed forces;

2. Persons with the Doctor of Science degree working in areas of their specialization; persons with professor or associate professor title who are directly engaged in research and teaching according to their specialization at the Institutes, Academies and universities.

3. Persons who are really talented and who are recognized as such by the agency, organization and unit and who are directly working according to their specialization in the area of health care, education and training, science and technology, culture and art.

Article 2.- Conditions for prolonging the working time of officials and public servants:

1. The agencies, organizations and units which are using the officials or public servants really have such a need;

2. The officials or public servants volunteer and has the adequate health for the prolonged work.

Article 3.- Principles for considering and effecting the prolongation of the working time of officials and public servants:

1. The principle of collectiveness and democracy must be observed alongside the promotion of the sense of responsibility of the head of the agency, organization or unit;

2. During the prolongation of the working time, the concerned official or public servant shall not hold any leading or managerial post;

3. The officials and public servants for whom the working time is prolonged shall lie within the total payrolls of the agency, organization or unit assigned by the competent agency.

Article 4.-

1. The prolongation of the working time for officials and public servants may vary from one year to no more than five years;

2. Yearly, the agency using those officials and public servants shall have to revise the need of the agency, organization or unit and check up the health of these officials and public servants to decide according to its competence or propose to the competent authority to consider and decide to continue the prolongation of the working time of these officials and public servants.

Article 5.- Procedures and order for considering the prolongation of the working time of officials and public servants:

1. The leading collective of the agency, organization and unit responsible for managing officials and public servants shall have to determine the need and appraise the capacity and health of the official and public servant whose working time is to be prolonged;

2. They shall record the exchange of views with the officials and public servants whose working time is to be prolonged;

3. In case the official or public servant agrees to the prolongation of the working time at the request of the agency, organization or unit, the concerned official or public servant shall send his/her written opinions to the agency, organization or unit;

4. The agency, organization or unit using the official and public servant shall issue the decision to prolong their working time according to their competence or propose to the competent agency, organization or unit to make the decision;

5. The consideration to prolong the working time of officials and public servants having reached retirement age should be notified to the concerned persons three months prior to retirement date.

6. The dossiers of the officials and public servants who shall have their working time prolonged and the written proposal of the agency, organization and unit sent to the competent authority for consideration and decision must be completed two months at the latest before the officials and public servants reach their time for retirement.

Article 6.- The ministers, the heads of the agencies, organizations or units, the presidents of the People’s Committees of the provinces and centrally-run cities, shall issue the decision with regard to the officials and public servants under their jurisdiction according to current regulations and the assignment of responsibilities for each echelon in the management of officials.

Article 7.-

1. Officials and public servants whose working time is prolonged shall receive their wages and enjoy accompanying regimes on the principle: they shall receive readjustment of their wage categories and grades and other regimes according to the jobs they are assigned on the basis of ensuring that the wages and other regimes are not lower than the wage and regime they have received before the prolongation of the working time.

2. The agency, organization or unit that manages and uses those officials and public servants shall have to assure the working conditions, and carry out the regimes and policies toward them as prescribed by law.

Article 8.- The Organization and Personnel Commission of the Government shall coordinate with the Central Organization Committee of the Party to guide the implementation of this Decree.

Article 9.- This Decree takes effect 15 days after its signing.

Article 10.- The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and the heads of the concerned agencies, organizations and units shall have to implement this Decree.