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POLICIES AND REGULATIONS FOR OFFICIALS, CIVIL SERVANTS, PUBLIC EMPLOYEES, WORKERS, AND ARMED FORCES IN THE RESTRUCTURING OF THE POLITICAL SYSTEM

Writer: Virtus ProsperityVirtus Prosperity

Legal Basis: Decree 178/2024/NĐ-CP (Effective from January 1, 2025)


PRINCIPLES:


  • Ensure the principles of democratic centralism, objectivity, fairness, transparency, and compliance with legal regulations.

  • Ensure that no later than 05 years from the date of the decision on organizational restructuring, the number of personnel in the political system after restructuring complies with regulations (with a minimum reduction of 20%).

  • Ensure timely and full payment of policies and benefits according to legal regulations; properly and efficiently utilize the state budget.

  • Evaluate, screen, and select employees for termination in connection with the restructuring and enhancement of the quality of the workforce of officials, civil servants, and public employees under management, ensuring the effective, efficient, and functional operation of agencies, organizations, and units.

  • If an individual qualifies for multiple policies or benefits stipulated in different legal documents, they will only receive the highest policy or benefit.

  • Ministries, central-level agencies, and provincial-level organizations and units must assign approximately 5% of their officials, civil servants, and public employees within their staffing quota to work at grassroots levels.


CASES NOT ELIGIBLE FOR TERMINATION:


  • Female employees who are pregnant, on maternity leave, or raising a child under 36 months old, except in cases where the individual voluntarily resigns.

  • Individuals under disciplinary review, criminal investigation, or subject to inspection due to suspected violations.


Number

Group/Category

Policies & Regulations

1.   


Early Retirement Policy

Individuals who are up to 10 years younger than the statutory retirement age in normal working conditions, or up to 5 years younger in specially difficult working conditions, and have fulfilled the required mandatory social insurance contributions, are entitled to the following three benefits:

① One-time Pension Allowance for Early Retirement:

  • If retiring within 12 months from the date of the competent authority’s organizational restructuring decision:

    • Those with 5 years or less remaining until retirement age are entitled to an allowance equivalent to 1 month of their current salary multiplied by the number of months of early retirement.

    • Those with 5 to 10 years remaining until retirement age are entitled to an allowance equivalent to 0.9 months of their current salary multiplied by 60 months.

  • If retiring after 12 months, they are entitled to 0.5 of the allowance granted to those retiring within 12 months.

② Early Retirement Policy Based on Mandatory Social Insurance Contributions and Years of Early Retirement:

  • No pension reduction due to early retirement (current regulations impose a 2% reduction per year of early retirement).

  • Early retirement allowance includes:

    • Individuals with 2 to less than 5 years remaining until retirement age receive 5 months of their current salary per year of early retirement.

    • Individuals with 5 to 10 years remaining until retirement age receive 4 months of their current salary per year of early retirement.

    • From the 21st year onwards, each year of service with mandatory social insurance contributions is entitled to an allowance of 0.5 months of their current salary.

  • If an individual has less than 2 years until the statutory retirement age and has fulfilled the required mandatory social insurance contributions, they are eligible for pension benefits immediately without any reduction.

③ Recognition for Contributions Upon Early Retirement:

  • Officials, civil servants, and public employees who retire early and are eligible for recognition of their contributions but lack the remaining tenure to fulfill their leadership term at the time of retirement will have their early retirement period counted towards the remaining duration of their elected term or appointed position for contribution recognition purposes.

  • Those not eligible for contribution recognition may still be considered for other forms of commendation by the competent authorities based on their achievements.

2.  

Resignation Policy for Officials and Civil Servants

Officials and civil servants who have more than 02 years remaining until retirement age but do not qualify for early retirement policies are entitled to the following four benefits upon resignation:

  • Severance allowance: If resigning within 12 months, the severance allowance is equivalent to 0.8 months of the current salary multiplied by the number of months eligible for severance allowance; if resigning after 12 months, the severance allowance is reduced to 0.4 months of the current salary multiplied by the number of months eligible for severance allowance (maximum of 60 months).

  • A lump-sum allowance of 1.5 months of the current salary for each year of service with mandatory social insurance contributions.

  • Employees may retain their social insurance contribution period or opt for a one-time social insurance payout in accordance with legal regulations.

  • A lump-sum job search assistance allowance equivalent to 3 months of the current salary.

3


Resignation Policy for Public Employees and Workers

Public employees and workers who resign are entitled to the same four benefits as officials and civil servants, except for the fourth benefit. Instead of the job search assistance allowance, public employees and workers receive unemployment benefits paid from the Unemployment Insurance Fund, provided they have participated in unemployment insurance.

4

Resignation from leadership or management positions, or reassignment to a lower leadership or management position due to organizational restructuring:


The individual is entitled to retain their previous position-based salary or leadership allowance until the end of the elected term or appointment period. In cases where the remaining term of the elected position or appointment is less than 06 months, the salary or allowance will be retained for 06 months.

5

Policy for Officials and Employees Assigned to Work at the Grassroots Level

To strengthen the deployment of officials, civil servants, and public employees from central and provincial levels to work at the grassroots level for a three-year period, the decree stipulates four benefits:

  • Continue to receive salary and allowances based on their position before being assigned to the grassroots level.

  • Receive a one-time allowance: 10 months of base salary at the time of assignment if deployed to Party, State, or socio-political organizations at the commune level; 3 months of base salary if assigned at the provincial/district level.

  • If assigned to areas with especially difficult socio-economic conditions, they are entitled to policies specified in Decree No. 76/2019/ND-CP of the Government.

  • Upon successful completion of the assignment, they will be reinstated to their original agency, organization, or unit, or reassigned to a position not lower than their previous role. Additionally, they will receive a one-rank salary increase and may be considered for commendations in accordance with the Law on Emulation and Commendation.

6

Policy for Individuals in the Armed Forces

  • Entitled to the same policies and benefits as officials, civil servants, public employees, and contract workers as stipulated above.

  • The retirement age for determining the applicable policies and benefits for individuals in the armed forces shall be in accordance with the following regulations:· Law on Officers of the Vietnam People's Army· Law on Professional Soldiers, Defense Workers, and Civil Servants· Law on the People's Public Security Forces


7


Policy on Attracting and Utilizing Outstanding Talent


Officials, civil servants, and public employees with outstanding qualities, exceptional competence, and significant contributions to their agency, organization, or unit are entitled to the following benefits:

  • One-rank salary increase.

  • Bonus payments as determined by the head of the agency, organization, or unit, up to 50% of the total reward fund.

  • Priority consideration for planning, training, and placement in leadership and management positions, including promotion beyond the usual rank.

  • Eligibility for talent attraction policies to work in state agencies and public service units, provided they meet the standards and conditions specified in the Government’s Decree.

8

Training and Professional Development Policy for Officials and Civil Servants After Restructuring

Based on the evaluation results of officials, civil servants, and public employees after the restructuring process, the head of the agency, organization, or unit shall develop a training and development plan. This plan includes assigning officials, civil servants, and public employees under their management to professional and skills enhancement training to meet the job requirements, ensuring the effective, efficient, and high-performance operation of the agency, organization, or unit.


 
 
 

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