Circular No. 01/2025/TT-BNV guiding the implementation of policies and benefits for officials, civil servants, public employees, and workers in the process of restructuring the organizational structure of the political system.

CIRCULAR

HGUIDELINES FOR IMPLEMENTING POLICIES AND REGIMES FOR CIVIL SERVANTS, PUBLIC OFFICIALS, CIVIL SERVANTS, AND WORKERS IN THE REORGANIZATION OF THE ORGANIZATIONAL STRUCTURE OF THE POLITICAL SYSTEM

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Pursuant to Decree No. 63/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 178/2024/NĐ-CP dated December 31, 2024 of the Government on policies and regimes for civil servants, public officials, civil servants, and armed forces personnel in the reorganization of the organizational structure of the political system;

Theo đề nghị của Vụ trưởng Vụ Tổ chức - Biên chế;

The Minister of Home Affairs issues this Circular guiding the implementation of policies and regimes for civil servants, public officials, civil servants, and workers in the reorganization of the organizational structure of the political system.

This Circular guides the implementation of policies and regimes for civil servants, public officials, civil servants, and workers in agencies, organizations, and units specified in Article 1 of Decree No. 178/2024/NĐ-CP during the process of reorganizing the organizational structure and administrative units at all levels of the political system, including: methods for determining the time point and monthly salary for enjoying policies and regimes; methods for enjoying policies for those retiring early; methods for enjoying policies for those leaving their positions as civil servants and public officials; methods for enjoying policies for those leaving their positions as civil servants and workers, and implementing training and capacity enhancement policies for civil servants, public officials, and civil servants after reorganization.

Civil servants, public officials, civil servants; public officials and civil servants at the commune level, and workers specified in points a, b, and c Clause 1 Article 2 of Decree No. 178/2024/NĐ-CP.

Article 3. Methods for Determining the Time Point and Monthly Salary for Enjoying Policies and Regimes

1. The decision-making time point for reorganizing the organizational structure by the competent authority is the effective date of the document issued by the competent authority of the Party, State, and social-political organizations regarding the reorganization of the organizational structure and administrative units.

a) Within twelve months from the aforementioned time point, civil servants, public officials, civil servants, and workers who are decided by the competent authority to leave their positions (early retirement or voluntary resignation) shall enjoy policies and regimes according to the first twelve months' regulations.

b) After the period specified in point a of this clause, they shall enjoy policies and regimes according to the regulations starting from the thirteenth month.

2. The current monthly salary stipulated in Clause 6 Article 5 of Decree No. 178/2024/NĐ-CP for calculating policies and regimes when leaving positions is as follows:

The current monthly salary includes: the salary level according to rank, grade, position, title, profession title, and salary allowances (including: leadership position allowance; seniority allowance exceeding the standard; occupational seniority allowance; professional preference allowance; occupational responsibility allowance; public service allowance; party and political-social organization work allowance, if applicable), specifically:

The basic salary level for calculating the current monthly salary mentioned above is the basic salary level prescribed by the Government at the month immediately preceding the month of retirement.

b) For those receiving a monthly salary equivalent to the amount agreed upon in the labor contract, the current monthly salary is the monthly salary recorded in the labor contract.

3. The number of months of early retirement is the number of months counted from the retirement date determined by the competent authority compared to the statutory retirement age specified in Appendix I or Appendix II promulgated together with Decree No. 135/2020/NĐ-CP dated November 18, 2020 of the Government on retirement age.

4. The number of years of early retirement is the number of years counted from the retirement date determined by the competent authority compared to the statutory retirement age specified in Appendix I or Appendix II promulgated together with Decree No. 135/2020/NĐ-CP calculated according to Clause 4 Article 5 of Decree No. 178/2024/NĐ-CP.

5. The time for calculating the allowance based on the number of years of service with mandatory social insurance contributions is calculated according to Clause 3 Article 5 of Decree No. 178/2024/NĐ-CP.

The subjects specified in Article 2 of this Circular who meet the conditions and are decided by the competent authority to retire early compared to the retirement age stipulated in Appendix I or Appendix II issued together with Decree No. 135/2020/NĐ-CP shall immediately enjoy the pension according to the laws on social insurance without being reduced by the proportion of the pension due to early retirement; at the same time, they shall enjoy the one-time retirement allowance stipulated in Clause 1, Article 7 of Decree No. 178/2024/NĐ-CP; the allowance for the number of years retired early and the allowance for the period of service with mandatory social insurance contributions stipulated in Clause 2, Article 7 of Decree No. 178/2024/NĐ-CP, specifically as follows:

1. In cases where the remaining age until the retirement age stipulated in Points a and c, Clause 2, Article 7 of Decree No. 178/2024/NĐ-CP is from two to five years, the following three allowances shall be enjoyed:

a) One-time retirement allowance for the number of months of early retirement:

For those retiring within the first twelve months:

For those retiring from the thirteenth month onwards:

b) Allowance for the number of years retired early: For each year retired early (full twelve months), an allowance of five months' current salary shall be enjoyed.

c) Allowance based on time of compulsory social insurance contribution:

For the first twenty years of work with mandatory social insurance contributions, an allowance of five months' current salary shall be provided; for the remaining years (from the twenty-first year onwards), an allowance of half a month's current salary shall be provided for each year.

2. In cases where the remaining age until the retirement age stipulated in Point b, Clause 2, Article 7 of Decree No. 178/2024/NĐ-CP is more than five but up to ten years, the following three allowances shall be enjoyed:

a) One-time retirement allowance for the number of months of early retirement:

For those retiring within the first twelve months:

For those retiring from the thirteenth month onwards:

b) Allowance for early retirement years: For each year of early retirement (full 12 months), four months' current salary shall be received.

c) Allowance based on time of compulsory social insurance contribution:

For the first twenty years of work with mandatory social insurance contributions, an allowance of five months' current salary shall be provided; for the remaining years (from the twenty-first year onwards), an allowance of half a month's current salary shall be provided for each year.

3. In cases where the remaining age until the retirement age stipulated in Points d and e, Clause 2, Article 7 of Decree No. 178/2024/NĐ-CP is less than two years, the one-time retirement allowance for the number of months retired early shall be enjoyed according to the calculation method for those retiring within the first twelve months as stipulated in Point a, Clause 1 of this Article.

Article 5. Method of Enjoying Policies for Voluntary Resignation for Cadres, Civil Servants, and Village-level Cadres and Civil Servants

Cadres, civil servants, and village-level cadres and civil servants specified in Article 2 of this Circular who are allowed to resign voluntarily by the competent authority shall retain their social insurance contribution period or enjoy a one-time social insurance benefit according to the laws on social insurance stipulated in Clause 3, Article 9 of Decree No. 178/2024/NĐ-CP; at the same time, they shall enjoy the three allowances stipulated in Clauses 1, 2, and 4, Article 9 of Decree No. 178/2024/NĐ-CP as follows:

1. Resignation allowance:

For those resigning voluntarily within the first twelve months:

For those resigning voluntarily from the thirteenth month onwards:

2. An allowance of one and a half months' current salary for each year of work with mandatory social insurance contributions:

3. An allowance of three months' current salary to find employment:

Public servants and workers specified in Article 2 of this Circular who are allowed to resign voluntarily by the competent authority shall retain their social insurance contribution period or enjoy a one-time social insurance benefit according to the laws on social insurance stipulated in Clause 3, Article 10 of Decree No. 178/2024/NĐ-CP; at the same time, they shall enjoy the three policies stipulated in Clauses 1, 2, and 4, Article 10 of Decree No. 178/2024/NĐ-CP as follows:

1. Resignation allowance:

For those resigning voluntarily within the first twelve months:

For those resigning voluntarily from the thirteenth month onwards:

2. An allowance of one and a half months' current salary for each year of work with mandatory social insurance contributions:

3. Enjoy unemployment insurance benefits according to the guidance provided in Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, issued by the Minister of Labor, Invalids, and Social Affairs guiding the implementation of Article 52 of the Law on Employment and some provisions of Decree No. 28/2015/NĐ-CP dated March 12, 2015, of the Government detailing the implementation of some provisions of the Law on Employment regarding unemployment insurance (amended and supplemented by Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023). Supplement

Article 7. On training and capacity building to improve the competence of officials, civil servants, and public employees after restructuring

Based on their functions and tasks, the heads of agencies, organizations, and units directly managing and using officials, civil servants, and public employees shall review, assess the current situation, and determine the training and capacity-building needs according to job positions after restructuring for officials, civil servants, and public employees under their management. On this basis, they shall develop plans for training and capacity building for the cadre of officials, civil servants, and public employees in 2025 and the period from 2026 to 2030, with a focus in 2025 to ensure that the cadre of officials, civil servants, and public employees after restructuring basically meet the requirements and tasks according to their job positions.

Article 8. Implementation organization

1. This Circular takes effect from the date of signature. The policies and regulations stipulated in this Circular shall be enjoyed from January 1, 2025.

2. Pursuant to Clause 2 of Article 24 of Decree No. 178/2024/NĐ-CP, those who have already enjoyed the policies stipulated in Decree No. 29/2023/NĐ-CP dated June 3, 2023 of the Government on streamlining the establishment before January 1, 2025 shall not enjoy the policies and regulations stipulated in this Circular.

3. Agencies, organizations, and units during the process of implementing organizational restructuring, streamlining the establishment, and improving the quality of officials, civil servants, and public employees shall implement the policy of retirement responsibility in conjunction with the policy for officials, civil servants, and public employees to strengthen work at grassroots levels; the policy of valuing individuals with outstanding character and ability (including amending the regulation on early promotion of pay grade due to outstanding achievements in performing tasks of the agency, organization, or unit, which must prioritize those evaluated as having outstanding character and ability and receiving a pay grade increase of more than one level), and the policy of training and capacity building for officials, civil servants, and public employees after restructuring.

4. In the course of implementation, if there are difficulties or obstacles, agencies, organizations, and units are requested to report to the Ministry of Home Affairs for research and resolution./.