Decree No. 177/2024/ND-CP stipulates the regime and policies for cases where individuals are not re-elected, re-appointed, and officials who resign or retire according to their wishes.

DECREE

Regulations and policies for cases not re-elected, not re-appointed, and officials who resign or retire voluntarily

Pursuant to the Law on Government Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;

Pursuant to the Civil Servants and Public Officials Law dated November 13, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Law on Public Service Personnel dated November 25, 2019;

Pursuant to the Labor Code on November 20, 2019;

On the basis of the Social Insurance Law dated November 20, 2014; the Social Insurance Law dated June 29, 2024;

Pursuant to the Law on the Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Articles of the Law on the Public Security Organs dated June 22, 2023;

Pursuant to the Law on Officers of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated June 3, 2008; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated November 27, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Officers of the Vietnam People's Army dated November 28, 2024;

Pursuant to the Law on Cryptography dated November 26, 2011;

Pursuant to the Law on Professional Military Personnel, Workers, and Civil Servants of National Defense dated November 26, 2015;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree stipulating regulations and policies for cases not re-elected, not re-appointed, and officials who resign or retire voluntarily.

Article 1. Scope of Regulation

This Decree stipulates regulations and policies for cases not re-elected, not re-appointed to positions and titles during the term of the Party Committee, government, Vietnam Fatherland Front, and political-social organizations; and officials who resign or retire voluntarily.

Article 2. Applicability

1. Officials specified in Clause 1 and Clause 3 of Article 4 of the Civil Servants Law 2008 (amended and supplemented by the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Law on Public Servants 2019) holding specialized positions appointed through elections during the term in agencies of the Communist Party of Vietnam, State, Vietnam Fatherland Front, political-social organizations at central, provincial, district, and commune levels but do not meet age requirements for re-election, re-appointment to the same level Party Committee.

These officials apply to cases where they meet age requirements for re-election to the same level Party Committee but do not meet age requirements for leadership positions in the government, Vietnam Fatherland Front, and political-social organizations at the time of election, congress at the same level to elect those positions.

2. Officers, professional military personnel, defense civil servants, and cryptography personnel enjoying military salary in agencies and units under the Vietnam People's Army and the People's Public Security Forces holding positions and titles within the structure participating in the same level Party Committee, full-time members of the same level Discipline Inspection Committee but do not meet age requirements for re-election to the same level Party Committee.

In this case, the retirement age is calculated according to the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, Workers, and Defense Civil Servants, the Law on the People's Public Security Forces, the Law on Cryptography, and guiding documents.

3. Civil servants holding appointed positions with a fixed term whose current position is within the structure participating in the same level Party Committee but do not meet age requirements for re-election to the same level Party Committee (including positions such as Chairperson, Deputy Chairperson of the People's Committee of a district, town, or ward implementing urban administration; Chief of the Military Command Post at the commune level).

4. Subjects specified in Clause 1, Clause 2, and Clause 3 of this Article who meet age requirements for re-election, re-appointment to the same level Party Committee, have worked for between thirty and sixty months from the date of organizing the congress, and are eligible for retirement but due to personnel arrangement, they have a voluntary wish to retire and are approved by the competent authority.

5. Officials managed by the Politburo and Secretariat allowed to retire from work or retire according to Notification No. 20-TB/KL dated September 8, 2022 of the Politburo.

6. The regulations and policies stipulated in this Decree shall not be applied to the following cases:

a) Those belonging to the category of streamlined staffing as provided by laws on streamlined staffing;

b) Those who have received retirement notifications or decisions from the competent authority, or have not received such notifications or decisions but have less than six months of service remaining from the date of organizing the congress at all levels to the date of retirement as prescribed;

c) Individuals who do not meet age requirements for re-election, re-appointment to Party Committees at various levels (provincial, district, commune) but continue to work in agencies of the Communist Party of Vietnam, State, Vietnam Fatherland Front, and political-social organizations.

Article 3. Early Retirement Regime

1. Conditions for Enjoying the Early Retirement Regime

a) The subjects specified in Clause 1, Clause 2, and Clause 3 of Article 2 of this Decree do not meet the age requirements for re-election or re-appointment as prescribed by the competent authority, or they still meet the age requirements for re-election or re-appointment but fall under the cases stipulated in Clause 4 of Article 2 or are the subjects specified in Clause 5 of Article 2 of this Decree;

b) As of the date of retirement, they have accumulated sufficient working time with mandatory social insurance contributions (including probationary and trial periods) to be eligible for pension benefits according to the laws on social insurance at the time of enjoying the benefit. The retirement age is determined according to the labor laws at the time of ceasing work or retiring;

c) They voluntarily submit a resignation application for early retirement and obtain approval from the competent authority.

2. Benefits to be Enjoyed

a) They shall enjoy pension benefits and other benefits as prescribed by the laws on social insurance and shall not have their pension percentage reduced due to early retirement for up to five years (60 months).

b) They shall receive a lump-sum allowance of five months' current salary for each year of early retirement.

c) They shall receive a lump-sum allowance of five months' current salary for the first twenty years of work with mandatory social insurance contributions; for each additional year beyond the twentieth year, they shall receive a lump-sum allowance of half a month's current salary.

In cases where they have worked for fifteen years or more with mandatory social insurance contributions and are entitled to a pension according to the laws on social insurance at the time of ceasing work or retiring, they shall receive a lump-sum allowance of five months' current salary for the first fifteen years of work; for each additional year beyond the fifteenth year, they shall receive a lump-sum allowance of half a month's current salary.

d) For those who are classified by position-based pay scales, if they have been assigned to the first level of their current position for forty-eight months or more, they may be promoted to the second level of their current position upon retirement.

đ) For those classified by specialty-based pay scales and receiving leadership position allowances, if they have not yet reached the highest pay grade in their current rank and are short of one to twelve months to qualify for regular pay grade advancement according to regulations, they may advance their pay grade ahead of schedule.

e) They shall be credited with the period of early retirement when assessing meritorious service awards if they belong to the category of meritorious service award recipients as prescribed by the laws on commendation and reward.

g) They shall be considered for promotion in military rank and pay grade advancement according to the laws.

h) For village-level cadres working in areas with extremely difficult economic and social conditions (including the time spent working in places with regional allowances of coefficient 0.7 or higher before January 1, 2021) as prescribed by the laws; village-level cadres who have served in the military or police and received state awards such as medals and honors, and who lack less than two and a half years (thirty months) of mandatory social insurance contributions to meet the required number of years for retirement benefits, shall be supported with a one-time payment of social insurance contributions for the missing period to implement retirement benefits. For periods exceeding thirty months, voluntary social insurance contributions shall be made for the excess period; the method of contribution, contribution rate, benefit amount, and related matters shall be carried out according to the laws on social insurance.

i) They shall not have their pension percentage reduced due to early retirement for years exceeding five years (if any) if they make a one-time voluntary social insurance contribution for the excess period; the method of contribution, contribution rate, benefit amount, and related matters shall be carried out according to the laws on social insurance.

k) They shall retain the period of social insurance contributions and receive a one-time allowance for each year of work with mandatory social insurance contributions, calculated as half a month's current salary.

l) They shall enjoy a one-time social insurance benefit according to the laws on social insurance.

3. Implementation of the Regime

a) The subjects specified in Clauses 1, 2, 3, and 4 of Article 2 of this Decree shall enjoy the benefits prescribed in Points a, b, c, d, đ, and e (if applicable) of Clause 2 of this Article.

The provision prescribed in Point g of Clause 2 of this Article shall apply to cases falling under the subjects specified in Clause 2 of Article 2 of this Decree.

Village-level cadres specified in Clause 1 of Article 2 of this Decree shall also apply the provision prescribed in Point h of Clause 2 of this Article (if applicable); in this case, they shall receive a lump-sum allowance of five months' current salary for the first fifteen years of work or the first twenty years of work as prescribed in Point c of Clause 2 of this Article.

b) The subjects specified in Clause 5 of Article 2 of this Decree who have less than five years (sixty months) until the statutory retirement age shall enjoy the benefits prescribed in Point a of Clause 2 of this Article.

c) The subjects specified in Clause 5 of Article 2 of this Decree who have between five years (sixty months) and ten years (one hundred twenty months) until the statutory retirement age shall enjoy the benefits prescribed in Points a and i of Clause 2 of this Article.

d) The subjects specified in Clause 5 of Article 2 of this Decree who have more than ten years until the statutory retirement age, in addition to the retirement benefits prescribed by the laws on social insurance (if applicable), may choose to apply either of the provisions prescribed in Points k or l of Clause 2 of this Article.

4. Current Salary is the actual monthly salary received in the month immediately preceding retirement. Actual monthly salary includes: Position-based salary or salary according to rank and grade; allowances for position, seniority allowances exceeding the ceiling, occupational seniority allowances, salary retention differential, responsibility allowances for members at various levels (if applicable);

5. Method of Determining Time for Entitlement to Allowance

a) The period of early retirement to calculate the allowance prescribed in Point b of Clause 2 of this Article, if there is a fractional month, it will be rounded off according to the principle: from one month to six months inclusive is counted as half a year; from more than six months to twelve months is counted as one year;

b) The period for entitlement to the allowance prescribed in point c, Clause 2 of this Article is the total time of work with mandatory social insurance contributions as provided by the laws on social insurance.

6. The implementation period for the regime and policies concerning non-re-elected or re-appointed officials as stipulated in this Article shall be before the opening day of the congress or the election at the same level but not more than twelve months prior, and no later than one month after the conclusion of the congress or the end of the term of the National Assembly or People's Council.

Article 4. Retirement Waiting Period Regime

1. Conditions for Entitlement to the Retirement Waiting Period Regime

a) The subjects prescribed in Clause 1, Clause 2, and Clause 3 of Article 2 of this Decree;

b) Having less than twenty-four months of work until the retirement age as prescribed. The retirement age is determined according to the labor laws at the time of applying for the retirement waiting period;

c) Submitting a voluntary application for the retirement waiting period and obtaining approval from the competent authority.

2. Retirement Waiting Period Regime

a) Receiving the original position salary or grade salary, along with allowances such as position allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, retained salary difference, responsibility allowance for committee members at all levels (if applicable) until reaching the retirement age;

b) The person on the retirement waiting period and their workplace continue to implement mandatory social insurance and health insurance contributions as prescribed by law;

c) Not implementing salary grade promotion during the retirement waiting period. Other benefits such as service allowance, telephone allowance (if applicable), and other allowances except those specified in point a, Clause 2 of this Article cease from the month immediately following the decision on the retirement waiting period. Other policies (if any) are implemented according to the Internal Regulations and Rules of the agency, organization, or unit as for retired persons;

d) In cases where the person on the retirement waiting period was using a car regularly while working and falls under the category entitled to such a benefit, the agency responsible must arrange transportation if required for meetings, conferences, or medical visits; if unable to provide transportation, it will be reimbursed according to regulations;

đ) In cases where, after the retirement waiting period, the individual has not accumulated sufficient years of mandatory social insurance contributions to receive pension benefits, they will be supported with a one-time payment to cover the remaining period (but not exceeding thirty months) into the pension and death benefit fund based on the salary for social insurance at the month of reaching the pensionable age to implement the pension regime;

3. Individuals on the retirement waiting period are not counted in the staffing quota of the agency. Upon reaching the retirement age as prescribed, the agency where the individual works will process the procedures for the individual to receive pension benefits according to the laws on social insurance. For individuals prescribed in Clause 2 of Article 2 of this Decree, they may also be considered for promotion in military rank and salary grade increase according to regulations (if applicable). The determination of the retirement date and the date of receiving pension benefits shall be carried out according to the provisions of the law.

Article 5. Source of Funds

The funds for implementing the regimes and policies as prescribed in this Decree shall be allocated from the state budget according to the current budget allocation hierarchy.

Article 6. Effectiveness

1. This Decree takes effect from January 1, 2025.

2. This Decree replaces Government Decree No. 26/2015/NĐ-CP dated March 9, 2015, regarding the regimes and policies for officials who do not meet the age criteria for re-election or re-appointment to positions or posts within terms in Party organizations, State agencies, and political-social organizations.

3. The provision for entitlement to five months' current salary allowance for the first twenty years of work and half a month's current salary allowance for each year of work starting from the twenty-first year as prescribed in point c, Clause 2 of Article 3 of this Decree shall be effective until the day before the Social Insurance Law 2024 comes into effect.

Article 7. Implementation Organization

1. For officials prescribed in Clause 1, Clause 2, Clause 3, and Clause 4 of Article 2 of this Decree belonging to state agencies from central to commune level:

a) By no later than November 30 of the year immediately preceding the congress or election year, the workplace is responsible for compiling a list of individuals entitled to the regimes and policies as prescribed in this Decree; preparing a budget estimate for each case and submitting it to the competent authority for management. If the congress or election is held earlier than the prescribed date, the list must be submitted to the competent authority at least one month before the congress or election date.

b) By no later than December 31 of the year immediately preceding the congress or election year, the competent authority for management is responsible for consolidating the list of individuals entitled to the regimes and policies as prescribed in this Decree and the consolidated budget estimate, sending them to the Ministry of Finance; simultaneously sending them to the Ministry of Home Affairs for monitoring and consolidation;

c) The Ministry of Finance is responsible for consolidating and presenting to the competent authority for allocation of funds to implement the regimes and policies according to the regulations on the hierarchical allocation of the state budget.

d) Based on the funds allocated as prescribed in point c of this clause, the personnel advisory body of the competent authority for management is responsible for reviewing and presenting to the competent authority for issuance of the Decision on the implementation of the regimes and policies for non-re-elected or re-appointed officials. The Decision must clearly specify the beneficiaries, the policies they are entitled to, and the total amount of money they are entitled to (if any).

đ) The Vietnam Social Security is responsible for guiding the procedures for implementing the early retirement regime as prescribed in this Decree and instructing the provincial and centrally-run city Social Security offices to collect social insurance premiums and handle social insurance benefits for the individuals prescribed in this Decree according to the laws on social insurance.

2. For cadres belonging to agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, and political-social organizations; officers, professional military personnel, defense civil servants, and personnel engaged in confidential work receiving salaries equivalent to those of military personnel in agencies and units under the Vietnam People's Army and the Vietnam People's Public Security, shall implement the system and policies as prescribed in this Decree and according to the guidance of the competent authority (if any).

3. For cadres specified in Clause 5 of Article 2 of this Decree, the agency where the cadre worked before ceasing employment or retiring shall be responsible for paying the benefits as decided by the competent authority. The funds for payment shall be guaranteed by the state budget.

The system and policies for cadres specified in Clause 5 of Article 2 of this Decree (including cases not yet disciplined at the time of ceasing employment or retiring), who have been approved by the competent authority to cease holding positions, stop working, or retire before the effective date of this Decree but have not yet had their retirement benefits resolved, shall be implemented according to the provisions of this Decree.

Cadres managed by the Politburo and Secretariat not falling within the scope specified in Clause 5 of Article 2 of this Decree, who wish to cease employment or retire early before reaching the retirement age or completing their term of election or the term of appointment, and who have been agreed upon by the competent authority, shall have the competent authority consider and decide to apply the appropriate system as stipulated in Clause 2 of Article 3 of this Decree, or other systems (if any) within their jurisdiction.

4. In cases where the subjects specified in Article 2 of this Decree simultaneously fall within the scope of applying policies and systems in organizational restructuring, they may choose to enjoy the higher policy or system.

5. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.