Severance pay and retirement procedures for civil servants in 2023

How are the severance pay and retirement procedures for civil servants in 2023 regulated by law? Readers are invited to refer to the article below.

Chế độ trợ cấp thôi việc và thủ tục nghỉ hưu với viên chức năm 2023. (Nguồn: TVPL)

Severance pay and retirement procedures for civil servants in 2023. (Source: TVPL)

Severance allowance for civil servants in 2023

Pursuant to Article 58 of Decree 115/2020/ND-CP, terminated civil servants will receive severance pay as follows:

- For the working time of civil servants from December 31, 2008 and before, it is calculated as follows:

+ Each year of work is calculated as 1/2 month of current salary, including: Salary according to job title, management position allowance, seniority allowance exceeding the framework, seniority allowance and salary retention difference coefficient (if any);

+ The lowest subsidy level is equal to 01 month of current salary;

+ In case an employee was recruited before July 1, 2003, the working time used to calculate severance allowance is the total working time (cumulative) from the date the employee received the recruitment decision until December 31, 2008;

+ In case an employee is recruited from July 1, 2003 onwards, the working time used to calculate severance allowance is the total working time according to the employment contract (cumulative) from the date the employee has the recruitment decision until December 31, 2008.

- The working time of civil servants from January 1, 2009 to present is implemented according to the provisions of the law on unemployment benefits.

- Severance pay expenses:

+ For public service units that self-insure regular expenses, investment expenses and public service units that self-insure regular expenses: The source of funding for paying severance allowance is taken from the financial resources of the unit, including the time the civil servant previously worked at other agencies, organizations and units in the political system.

+ For public service units that partially self-insure regular expenses and public service units whose regular expenses are covered by the state budget: The source of payment is taken from the financial resources of the public service unit, including the time the civil servant previously worked at other agencies, organizations, and units in the political system. In case the financial resources of the public service unit do not fully cover the payment for the time the civil servant previously worked at other agencies, organizations, and units in the political system, the state budget will provide support.

- Officials who quit their jobs are entitled to severance pay according to the above regulations and have their social insurance payment period confirmed according to the law.

Retirement procedures for civil servants in 2023

Retirement procedures for civil servants are implemented according to the instructions in Article 59 of Decree 115/2020/ND-CP, specifically as follows:

(1) The retirement date is the 1st day of the month following the month in which the civil servant reaches retirement age according to regulations.

(2) Retirement time is delayed when one of the following cases occurs:

- Not more than 01 month in one of the following cases: The retirement date coincides with the Lunar New Year holiday; the civil servant's wife or husband, father, mother (wife or husband), or child passes away, is declared missing by the Court; the civil servant and his/her family suffer losses due to natural disasters, war, or fire;

- No more than 03 months in case of serious illness or accident with hospital certificate;

- Not more than 06 months for cases being treated for diseases on the list of diseases requiring long-term treatment issued by the Ministry of Health , with a certificate from the hospital.

(3) If an official is allowed to postpone his/her retirement date in multiple cases specified in Clause 2 of this Article, this shall only be applied to one case with the longest postponement period.

(4) The head of the agency or unit with authority to manage civil servants decides to postpone the retirement date according to item (2).

(5) In case the civil servant does not wish to postpone the retirement date according to item (2), the head of the agency or unit managing the civil servant shall resolve the matter for the civil servant to retire according to item (1).

(6) Six months before the retirement date according to items (1), (2), (3) and (4), the agency or unit managing the civil servant must issue a written notice of the retirement date so that the civil servant knows and prepares a replacement.

(7) Regulations related to retirement decisions:

- 03 months before the retirement date according to items (1), (2), (3) and (4), the agency or unit managing the civil servant must issue a retirement decision;

- Based on the retirement decision specified in Point a of this Clause, the agency or unit managing civil servants shall coordinate with the social insurance organization to carry out procedures according to regulations so that civil servants can enjoy social insurance benefits upon retirement;

- Retired civil servants are responsible for handing over records, documents and current work to the assigned recipient at least 03 working days before the date of retirement;

- From the retirement date stated in the retirement decision, civil servants are retired and enjoy social insurance benefits according to regulations.

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