On April 26, the Ministry of Home Affairs issued Official Dispatch No. 1814/BNV-TCBC to ministries, ministerial-level agencies, government agencies; Provincial Party Committees, City Party Committees directly under the Central Government; People's Committees of provinces and centrally run cities on guidance on the implementation of Decree No. 178/2024/ND-CP and Decree No. 67/2025/ND-CP of the Government on policies and regimes for cadres, civil servants, public employees, workers and armed forces in the implementation of the organizational arrangement of the political system.

The policies and regimes stipulated in the two above documents have contributed to the completion of the goal of streamlining the political system's apparatus, operating effectively and efficiently, associated with reducing staff, restructuring and improving the quality of the staff, civil servants and public employees; ensuring the rights and benefits of cadres, civil servants, public employees and workers when they quit their jobs due to the rearrangement of the apparatus and administrative units at all levels of the political system.

At the request of a number of ministries, branches and localities, the Ministry of Home Affairs has the following comments:

1. On determining the agency, organization, and unit directly implementing the organizational structure arrangement

The agencies, organizations and units directly implementing the organizational arrangement are the agencies, organizations and units implementing the plan of consolidation, merger, reorganization, dissolution, termination of operation, acceptance or transfer of functions and tasks according to the decision of the competent authority in accordance with the requirements of the summary of Resolution No. 18-NQ/TW dated October 25, 2017 of the 6th Central Conference, Session XII on a number of issues on continuing to innovate and arrange the organizational arrangement of the political system to be streamlined, effective and efficient, and the conclusions of the Central Committee, the Politburo, the Secretariat, the Central Steering Committee on the arrangement of the organizational apparatus and administrative units at all levels of the political system (hereinafter referred to as the requirements of the summary of Resolution No. 18-NQ/TW).

Accordingly, determining the agency, organization, or unit directly implementing the organizational arrangement is understood in the following cases:

For agencies, organizations and units that merge, consolidate, reorganize, receive or transfer functions and tasks :

For agencies, organizations and units with internal organizational structures: The internal organizational unit that directly implements the plan to merge, consolidate, receive (or transfer) functions, tasks and staff is identified as the unit directly implementing the organizational arrangement;

For agencies, organizations and units without an internal organizational structure implementing the plan of consolidation, merger, receiving (or transferring) functions, tasks and staffing, they are determined to be the unit directly implementing the organizational arrangement.

Organizations that have reorganized their operating model

Agencies under the Government are reorganized into focal points under the Ministry (including units under the vertical industry system); general departments and equivalents under the Ministry are reorganized into Departments and equivalents under the Ministry; departments and equivalents are reorganized into Sub-departments and equivalents; Sub-departments and equivalents are reorganized into Divisions and equivalents,... are identified as units directly implementing the organizational arrangement.

The Market Management Department under the Ministry of Industry and Trade is reorganized into the Market Management Sub-Department under the Department of Industry and Trade of provinces and centrally-run cities, which is identified as the unit directly implementing the organizational arrangement.

Agencies, organizations and units currently organized according to provincial and district administrative units are reorganized according to inter-provincial and inter-district areas and the unit directly implementing the organizational arrangement is determined.

For agencies, organizations and units that are dissolved or cease operations, the agency, organization or unit that is dissolved or ceases operations is determined to be the unit directly implementing the organizational structure arrangement.

For agencies, organizations and units affected by the arrangement of administrative units at all levels

For provincial-level administrative units implementing mergers and acquisitions, provincial-level agencies, organizations and units implementing the merger and acquisition plan are identified as agencies, organizations and units directly implementing the organizational structure arrangement.

For district-level administrative units that cease operations, the agencies, organizations, and units at the district level that implement the plan for dissolution, termination of operations, consolidation, and merger are identified as the agencies, organizations, and units directly implementing the organizational arrangement.

For commune-level administrative units implementing the merger and consolidation plan, commune-level cadres and civil servants are the subjects directly affected by the process of implementing the organizational arrangement.

2. On streamlining staff, restructuring and improving the quality of cadres, civil servants and public employees

Agencies, organizations and units that do not directly carry out the organizational arrangement according to the requirements of the summary of Resolution No. 18-NQ/TW shall, based on the Job Position Project, the Plan (or the Streamlining Project) approved by the competent authority, the criteria for evaluating cadres, civil servants and public employees that have been issued, the current status of the quantity and quality of the cadres, civil servants, public employees and workers of the agency, organization or unit, the head together with the leaders of the Party Committee and the government shall evaluate and screen out of the agency, organization or unit those who do not meet the requirements of the agency, organization or unit in order to achieve the goal of streamlining the payroll, restructuring and improving the quality of the cadres, civil servants and public employees as a basis for determining the beneficiaries of policies and regimes according to the provisions of Decree No. 178/2024/ND-CP dated December 31, 2024 (amended and supplemented). supplemented in Decree No. 67/2025/ND-CP dated March 15, 2025).

3. About applicable subjects

The subjects applying policies and regimes according to Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) are implemented uniformly according to the provisions of Article 2, not excluding those who have decided to retire or have received a retirement notice.

Cadres, civil servants, and public employees in charge of management as prescribed in Point g, Clause 1, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) are subjects directly affected by the reorganization of the political system's apparatus when the total number of cadres, civil servants, and public employees in charge of management at the same level is higher than the prescribed level (in case the total number of deputies is lower than the prescribed level, cadres, civil servants, and public employees in charge of management at agencies, organizations, and units that do not directly reorganize the apparatus are not subjects directly affected by the reorganization of the apparatus).

For employees working under labor contracts as prescribed in Point c, Clause 1, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP)

- Employees who are working in agencies, organizations, and units due to organizational restructuring and have signed labor contracts according to Decree No. 68/2000/ND-CP before January 15, 2019 (effective date of Decree No. 161/2018/ND-CP dated November 29, 2018 of the Government), are transferred to sign labor contracts according to Decree No. 161/2018/ND-CP, Decree No. 111/2022/ND-CP4 are subject to the provisions of Point c, Clause 1, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP dated March 15, 2025).

- Employees who are working in agencies, organizations, and units due to organizational restructuring and have signed labor contracts according to Decree No. 68/2000/ND-CP before January 15, 2019 and have terminated their labor contracts (stopped working and did not pay social insurance in agencies and units of the Party, State, and socio-political organizations); then signed labor contracts according to Decree No. 161/2018/ND-CP or Decree No. 111/2022/ND-CP after January 15, 2019 are not subject to the provisions of Point c, Clause 1, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

For district-level officials subject to regulations in Clause 4, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP), the time of leave to enjoy policies and regimes is calculated from the time the district level ends its operations according to the decision of the competent authority.

Cadres, civil servants, public employees and commune-level cadres and civil servants who are reorganized into district- and commune-level administrative units in the 2019-2021 and 2023-2025 periods according to the Resolution of the National Assembly Standing Committee and who retire after January 1, 2025 are subject to the provisions of Point b, Clause 1, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

Officials and employees who are directly affected by the transfer of state management tasks on drug addiction treatment and post-drug addiction treatment from the Ministry of Labor, War Invalids and Social Affairs to the Ministry of Public Security but are not accepted by the Ministry of Public Security, cannot be assigned other jobs and wish to quit their jobs, the Provincial People's Committee is responsible for resolving policies and regimes according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

Cadres, civil servants, public employees and workers who have worked for 15 years or more in arduous, toxic, dangerous or especially arduous, toxic, dangerous jobs or have worked for 15 years or more in areas with particularly difficult socio-economic conditions: Pursuant to Point b, Clause 1, Article 54 of the Law on Social Insurance 2014 (amended and supplemented in Clause 1 of the Labor Code 2019), in case of working for 15 years or more in arduous, toxic, dangerous or especially arduous, toxic, dangerous jobs or having worked for 15 years or more in areas with particularly difficult socio-economic conditions (including working time in places with regional allowance coefficient of 0.7 or more before January 1, 2021) and have reached retirement age as prescribed in Clause 3, Article 169 of the Labor Code, if having worked for 20 years or more Those who pay compulsory social insurance or more are eligible for retirement pension according to the provisions of the Law on Social Insurance 2014 (amended and supplemented in the Labor Code 2019), not subject to Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

For those working at associations assigned by the Party and State at the Central, provincial and district levels

For associations assigned by the Party and State at the central, provincial and district levels to carry out the arrangement, consolidation and merger of organizational apparatus in accordance with the requirements of the summary of Resolution No. 18-NQ/CP, people of working age who have a decision from a competent authority to assign and mobilize to work at the association and people recruited within the staffing quota assigned to the association by a competent authority are subjects specified in Clause 3, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

4. Time to decide on organizational structure arrangement

For organizations and units under the organizational structure of ministries, agencies and ministerial-level agencies, the time of deciding on the organizational arrangement of the apparatus is determined according to the effective time of the Government's Decree stipulating the functions, tasks, powers and organizational structure of ministries, ministerial-level agencies and agencies under the Government. In case there are transitional provisions, the transitional provisions shall apply.

For public service units outside the organizational structure of the Ministry, the time to decide on the organizational arrangement is determined by the decision of the competent authority in accordance with the provisions of law.

For organizations and units under the organizational structure of specialized agencies under the People's Committees of provincial level, the time of deciding on the arrangement of the organizational apparatus is determined according to the effective time of the Decision of the People's Committees of provincial level on the functions, tasks, powers and organizational structure of that specialized agency.

For public service units outside the organizational structure of provincial-level professional agencies, the time to decide on organizational arrangement is determined by the decision of the competent authority in accordance with the provisions of law.

5. About current monthly salary to calculate benefits

Clause 6, Article 5 of Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP) and Point a, Clause 2, Article 3 of Circular No. 01/2025/TT-BNV dated January 17, 2025 (amended and supplemented in Clause 3, Article 1 of Circular No. 02/2025/TT-BNV dated April 4, 2025) clearly stipulate that current salary and allowances to calculate current monthly salary to calculate the policies and regimes prescribed in Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP). Accordingly:

Other allowances (job responsibility allowance, toxic and dangerous allowance, regional allowance, attraction allowance, party committee responsibility allowance, chief accountant responsibility allowance,...) are not included in the current monthly salary.

Pursuant to Article 11 of Decree No. 178/2024/ND-CP and Clause 6, Article 5 of Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP), the reserved leadership position allowance is included in the current monthly salary.

In cases of unpaid leave or sick leave, the current monthly salary is the salary of the month immediately preceding the unpaid leave or sick leave.

The basic salary is calculated based on the salary of the month immediately preceding the month of leave according to Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP).

6. Time to calculate allowance based on number of years of work with social insurance payment

Pursuant to the provisions of Article 7 of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) and Article 4 of Circular No. 01/2025/TT-BNV dated January 17, 2025 (amended and supplemented by Clause 4, Article 1 of Circular No. 02/2025/TT-BNV dated April 4, 2025), for those who retire before the age from July 1, 2025 (effective date of the Law on Social Insurance 2024), they will receive benefits based on the number of years of work with social insurance contributions as follows:

In case of 15 years of work or more with compulsory social insurance payment, the employee will receive a subsidy of 4 months of current salary for the first 15 years of work; from the 16th year onwards, for each year of work with compulsory social insurance payment, the employee will receive a subsidy of 0.5 months of current salary.

7. On criteria for evaluating cadres, civil servants, public employees and workers

Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) issued general principles and criteria to serve as a basis for unified application to ministries, branches and localities.

Based on the characteristics, situation and practices of each ministry, sector and locality, ministries, sectors and localities develop their own criteria to apply to cadres, civil servants, public employees and workers under their management.

In case of voluntary resignation, it is also necessary to evaluate and review according to the criteria to determine the resignation subject according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

8. Regarding the settlement of policies and regimes for cadres, civil servants, public employees and workers in agencies, organizations and units implementing dissolution and termination plans.

Agencies, organizations and units with authority assigned to receive cadres, civil servants, public employees and workers in agencies, organizations and units shall implement dissolution and termination plans and be responsible for reviewing and resolving policies and regimes, ensuring benefits for cadres, civil servants, public employees and workers according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

9. Transitional provisions

In the process of developing policies and regimes for cadres, civil servants, public employees and workers in the process of restructuring the apparatus of the political system, the Ministry of Home Affairs reported to competent authorities to thoroughly handle redundant commune-level cadres and public employees due to the restructuring of commune-level administrative units in the 2019-2021 period that have not yet been resolved and encouraged cadres, civil servants, public employees and commune-level cadres and public employees redundant due to the restructuring of district and commune-level administrative units in the 2023-2025 period to retire before the end of the restructuring roadmap.

Therefore, Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) stipulates that these subjects are subject to application. Therefore, Clause 1 and Clause 2, Article 25 of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) stipulates that in these cases, if the competent authority has resolved the policy according to Decree No. 29/2023/ND-CP but has not issued a decision to enjoy the policy or the time of leaving work is after January 1, 2025, the policy and regime according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) shall be applied.

10. About salary increase before early retirement

According to the law on civil servants and public employees, 6 months before the date civil servants and public employees reach retirement age, agencies, organizations and units must notify civil servants and public employees of the retirement date.

Accordingly, the salary increase regime for cadres, civil servants and public employees upon retirement notice as prescribed in Circular No. 08/2013/TT-BNV dated July 31, 2013 of the Minister of Home Affairs is applied to cadres, civil servants and public employees upon retirement notice as mentioned above.

Therefore, for cadres, civil servants and public employees who retire before the age prescribed in Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP), they are not eligible for early salary increase when there is a retirement notice prescribed in Circular No. 08/2013/TT-BNV.

Agencies, organizations and units with authority assigned to receive cadres, civil servants, public employees and workers in agencies, organizations and units shall implement dissolution and termination plans and be responsible for reviewing and resolving policies and regimes, ensuring benefits for cadres, civil servants, public employees and workers according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

Source: https://baolaocai.vn/10-huong-dan-cua-bo-noi-vu-ve-che-do-chinh-sach-khi-sap-xep-to-chuc-bo-may-post401070.html