This Decree stipulates policies and benefits for cadres, civil servants, public officials, workers, and armed forces personnel during the process of restructuring the organizational structure of the political system. The policies include one-time retirement allowance, severance pay, retention of position salary, increased fieldwork, promotion of individuals with outstanding qualities and abilities, and training to enhance professional qualifications. This Decree applies to all levels from central to communal level, including the armed forces. It takes effect from January 1, 2025.
Scope of application
Cadres, civil servants, public officials, workers, and armed forces personnel belonging to Party organizations, state agencies, and Vietnam Fatherland Front organizations at all levels from central to communal.
Key points
- Cadres, civil servants, and public officials who retire early will receive a one-time allowance and annual allowance based on the early retirement period.
- Workers may receive severance pay upon termination of employment, the amount of which depends on their length of service.
- The armed forces have specific policies regarding retirement and allowances.
- Cadres, civil servants, and public officials with outstanding qualities and abilities will be granted a salary increase of one grade and awarded commendations.
- Training and upgrading professional qualifications for cadres, civil servants, and public officials after restructuring.
🌐 Social impact of this document
- Positive impact: Creating opportunities for individuals with outstanding qualities and abilities to develop and remain within the workforce.
- Negative impact: May impose financial burdens on the state budget due to one-time retirement allowances and severance pay.
- Benefits: Enhancing the effectiveness of operations of agencies, organizations, and units through downsizing.
- Costs: Implementation costs may increase initially.
❓ Frequently asked questions
What benefits do civil servants retiring early receive?
Upon early retirement, they will receive a one-time allowance and annual allowance based on the early retirement period.
Are workers entitled to severance pay when terminating employment?
Yes, workers will receive severance pay upon termination of employment, the amount of which depends on their length of service.
What is the retirement policy for the armed forces?
The retirement policy for the armed forces is based on the provisions of the Law on Officers of the Vietnam People's Army, the Law on Professional Military Personnel, and the Law on Defense Industry Workers and Public Officials.
What benefits do cadres with outstanding qualities and abilities enjoy?
They will be granted a salary increase of one grade and awarded commendations based on their achievements.
When does this Decree take effect?
This Decree takes effect from January 1, 2025.
Full text
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 178/2024/NĐ-CP |
Hanoi, December 31, 2024 |
DECREE
On policies and treatment for cadres, civil servants, public officials, workers, and armed forces in implementing the organizational restructuring of the political system
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On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;
On the basis of Labor Code dated November 20, 2019;
On the basis of Civil Servants Law dated November 13, 2008;
On the basis of Public Officer Law dated November 15, 2010;
On the basis of Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Public Officer Law dated November 25, 2019;
On the basis of Officer Law of the Vietnam People's Army dated December 21, 1999; Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army dated June 3, 2008; Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army dated November 27, 2014; Law Amending and Supplementing Certain Provisions of the Officer Law of the Vietnam People's Army dated November 28, 2024;
On the basis of Law on Professional Military Personnel, Public Workers, and Defense Officials dated November 26, 2015;
Law on the People's Police dated November 20, 2018; Law Amending and Supplementing Certain Provisions of the People's Police Law dated June 22, 2023;
On the basis of Social Insurance Law dated November 20, 2014;
On the basis of Employment Law dated November 16, 2013;
On the basis of Law on Competition and Reward dated June 15, 2022;
||| Based on the proposal of the Minister of Home Affairs;
The Government issues this Decree on policies and treatment for cadres, civil servants, public officials, workers, and armed forces in implementing the organizational restructuring of the political system.
PART I
GENERAL PROVISIONS
This Decree stipulates policies and treatments, including: Policies for those who retire (retirement and termination of employment); policies for those who resign from leadership positions or are elected or appointed to lower leadership positions; policies to strengthen work at grassroots levels; policies to promote individuals with outstanding character and ability; policies for training and upgrading the qualifications of cadres, civil servants, and public officials after restructuring; responsibilities for implementing policies and treatments for cadres, civil servants, and workers in Party, State, Vietnam Fatherland Front, and political-social organizations from central to district level; cadres and civil servants at commune level; and armed forces (including the Vietnam People's Army, the People's Police, and cryptographic units) during the process of organizational restructuring and administrative unit reorganization at all levels of the political system, including:
1. Party, State, Vietnam Fatherland Front, and political-social organizations at the central, provincial, and district levels; cadres and civil servants at the commune level; and armed forces.
2. Public service units under the organizational structure of advisory bodies to the Central Committee, Politburo, Secretariat; ministries, sectors, and agencies at the central level; provincial People's Committees and their specialized agencies; and district People's Committees.
3. Other public service units (not covered by Clause 2 of this Article) that complete organizational restructuring or personnel restructuring within twelve months from the date of the competent authority's decision.
1. Cadres, civil servants, public officials, and workers in agencies, organizations, units, and armed forces due to organizational restructuring at all levels (hereinafter referred to as organizational restructuring) as specified in Article 1 of this Decree, including:
a) Leading and management cadres, civil servants, and public officials;
b) Commune-level cadres and civil servants;
c) Workers under labor contracts regulated by labor laws before January 15, 2019, and workers under labor contracts subject to civil servant-like policies (hereinafter referred to as workers);
d) Officers, professional military personnel, public workers, and defense officials of the Vietnam People's Army;
đ) Officers, non-commissioned officers receiving salaries, public workers, and contractual workers receiving state budget salaries in the People's Police;
e) Workers in cryptographic organizations.
2. Cadres who do not meet age requirements for re-election or reappointment to positions or titles according to terms in Party, State, and political-social organizations' agencies and cadres who retire voluntarily shall implement regulations stipulated in other Government Decrees.
Article 3. Principles for Implementing Policies and Systems
1. Ensuring the leadership of the Party, promoting the supervisory role of the Vietnam Fatherland Front and political-social organizations, and the people during the implementation of policies and systems.
2. Ensuring the principle of democratic centralism, objectivity, fairness, transparency, and compliance with legal regulations.
3. Ensuring that no later than five years from the date the decision on the reorganization of the organizational structure of the competent authority takes effect, the number of leaders and managers, and the number of civil servants, public officials, and employees in agencies, organizations, and units within the political system after reorganization shall comply with the prescribed regulations.
4. Ensuring timely and full payment of policies and systems as stipulated by law; using state budget funds correctly and effectively.
5. Each agency, organization, and unit must conduct a comprehensive review and evaluation of civil servants, public officials, employees, and workers impartially and objectively based on their moral qualities, capabilities, performance results, and completion levels according to job position requirements; on this basis, implement reorganization, reduction in staffing, and policies and systems for civil servants, public officials, employees, and workers.
6. The collective leadership of the party committee, government, and the heads of agencies, organizations, and units are responsible for evaluating, screening, and selecting individuals for retirement in conjunction with restructuring and improving the quality of cadres, civil servants, and public officials under their management to ensure the effective operation of agencies, organizations, and units.
7. An individual meeting the conditions to enjoy multiple policies and systems stipulated in different documents shall only be entitled to the highest policy or system.
8. Central ministries, departments, and agencies, organizations, and units at provincial level must send approximately 5% of their staff members to work at grassroots levels.
Article 4. Cases Not Subject to Consideration for Retirement
1. Individuals specified in Clause 1, Article 2 of this Decree who are female and currently pregnant, on maternity leave, or nursing children under 36 months old, except those who voluntarily choose to retire.
2. Those individuals currently under disciplinary review, criminal prosecution, or investigation due to suspected violations.
Article 5. Methods for Determining Time and Salary for Enjoying Policies and Systems
1. The time taken into account for early retirement to calculate the number of months for receiving a one-time pension allowance is the period from the date of retirement recorded in the retirement decision to the statutory retirement age specified in Appendices I and II of Government Decree No. 135/2020/NĐ-CP dated November 18, 2020, with a maximum of five years (60 months).
2. The time for calculating severance pay is the period of service with mandatory social insurance contributions in agencies of the Party, State, political-social organizations, and armed forces as stipulated in Article 1 of this Decree:
a) In cases where the period of service with mandatory social insurance contributions is five years or more, the maximum period for calculating severance pay is five years (60 months).
b) In cases where the period of service with mandatory social insurance contributions is less than five years, the period for calculating severance pay is equal to the period of service with mandatory social insurance contributions.
3. The time for calculating benefits based on years of service with mandatory social insurance contributions as stipulated in points a, b, and c of Clause 2, Article 7, Clause 2, Article 9, and Clause 2, Article 10 of this Decree is the total period of service with mandatory social insurance contributions (as recorded in each person's social insurance book) but not yet enjoying severance pay, unemployment, or one-time social insurance benefits or discharge and demobilization benefits. If the total time for calculating benefits includes fractional months, it will be rounded off according to the principle: from one month to six months inclusive is counted as half a year; from over six months to under twelve months is rounded up to one year.
4. The time for calculating benefits based on years of early retirement as stipulated in points a, b, and c of Clause 2, Article 7 of this Decree, if there are fractional months, will be rounded off according to the principle: from one month to six months inclusive is counted as half a year; from over six months to under twelve months is rounded up to one year.
5. The date used as the basis for calculating eligibility for retirement policies and systems is the first day of the month immediately following the birth month; if the birth date and month are not specified in the file, it will be considered January 1st of the year of birth.
The collective Party committees, administrative bodies, and heads of each agency, organization, and unit must conduct reviews and evaluations of all cadres, civil servants, public officials, and employees under their management based on the results of their performance over the last three years according to the following criteria:
1. Criteria for assessing moral character, sense of responsibility, discipline, and integrity in performing duties and public service tasks of cadres, civil servants, public officials, and employees.
2. Criteria for assessing professional competence and ability to meet requirements regarding progress, time, and quality of regular and urgent duty and public service tasks.
3. Criteria for assessing results and products of work related to the functions and responsibilities of agencies, organizations, and units that cadres, civil servants, public officials, and employees have achieved.
4. For cadres, civil servants, and public officials who are assessed as having outstanding qualities and capabilities, they must meet the three criteria set forth in Clauses 1, 2, and 3 of this Article, while also ensuring criteria for innovation, creativity, courage to think, act, and take responsibility for the common good, and having outstanding achievements that benefit the agency, organization, or unit.
Chapter II
POLICIES AND BENEFITS
The subjects specified in Clause 1 of Article 2 of this Decree who retire early shall be entitled to the following benefits:
1. One-time retirement allowance for the period of early retirement:
a) For those retiring within the first twelve months from the date of the decision on organizational restructuring issued by the competent authority:
In cases where the age difference from the statutory retirement age specified in Appendices I and II issued together with Decree No. 135/2020/NĐ-CP is five years or less, they will receive an allowance equal to one month's current salary multiplied by the number of months of early retirement compared to the statutory retirement age.
In cases where the age difference from the statutory retirement age specified in Appendix I issued together with Decree No. 135/2020/NĐ-CP is more than five years but not exceeding ten years, they will receive an allowance equal to 0.9 months' current salary multiplied by sixty months.
b) For those retiring from the thirteenth month onwards from the date of the decision on organizational restructuring issued by the competent authority, they will receive an allowance equal to half the amount stipulated in point a of Clause 1 of this Article.
2. Early retirement policy based on the period of compulsory social insurance contributions and the number of years of early retirement as follows:
Not subject to reduction in the proportion of pension due to early retirement;
Entitled to a lump sum allowance of five months' current salary for each year of early retirement compared to the statutory retirement age specified in Appendix I issued together with Decree No. 135/2020/NĐ-CP;
Entitled to a lump sum allowance of five months' current salary for the first twenty years of employment with compulsory social insurance contributions. From the twenty-first year onwards, for each year of employment with compulsory social insurance contributions, an allowance of 0.5 months' current salary will be provided.
Not subject to reduction in the proportion of pension due to early retirement;
Entitled to a lump sum allowance of four months' current salary for each year of early retirement compared to the statutory retirement age specified in Appendix I issued together with Decree No. 135/2020/NĐ-CP;
Entitled to a lump sum allowance of five months' current salary for the first twenty years of employment with compulsory social insurance contributions. From the twenty-first year onwards, for each year of employment with compulsory social insurance contributions, an allowance of 0.5 months' current salary will be provided.
Not subject to reduction in the proportion of pension due to early retirement;
Entitled to a lump sum allowance of five months' current salary for each year of early retirement compared to the statutory retirement age specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP;
Entitled to a lump sum allowance of five months' current salary for the first twenty years of employment with compulsory social insurance contributions. From the twenty-first year onwards, for each year of employment with compulsory social insurance contributions, an allowance of 0.5 months' current salary will be provided.
d) In cases where the age difference from the statutory retirement age specified in Appendix I issued together with Decree No. 135/2020/NĐ-CP is less than two years and have sufficient working time with compulsory social insurance contributions to qualify for a pension under the laws on social insurance, they will receive the retirement benefits as prescribed by the laws on social insurance without being subject to reduction in the proportion of pension due to early retirement.
đ) In cases where the age difference from the statutory retirement age specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP is less than two years and have sufficient working time with compulsory social insurance contributions to qualify for a pension under the laws on social insurance, including at least fifteen years in occupations, jobs classified as heavy, dangerous, or extremely heavy, dangerous, or extremely dangerous by the Ministry of Labor, Invalids, and Social Affairs, or at least fifteen years working in areas with particularly difficult economic and social conditions as determined by the Ministry of Labor, Invalids, and Social Affairs, including time worked in areas with regional allowances of 0.7 or higher before January 1, 2021, they will receive the retirement benefits as prescribed by the laws on social insurance without being subject to reduction in the proportion of pension due to early retirement.
3. Cadres, civil servants, and public officials who retire early under Clauses 1 and 2 of this Article and are eligible for commendation for their contributions under the Law on Encouragement and Reward and Decree No. 98/2023/NĐ-CP dated December 31, 2023 of the Government detailing certain provisions of the Law on Encouragement and Reward, if they lack the required tenure in leadership positions at the time of retirement to be eligible for commendation for their contributions, the period of early retirement will be counted as the remaining term of office or appointment period of their current position to be considered for commendation for their contributions according to the Law on Encouragement and Reward and Decree No. 98/2023/NĐ-CP. For cadres, civil servants, and public officials who are not eligible for commendation for their contributions, the competent authority may consider appropriate forms of commendation based on their achievements.
Article 8. Policy for cadres whose working period is extended
Cadres who have exceeded the retirement age as prescribed but have been decided by the Politburo, Secretariat to extend their working period in Party agencies, State agencies, and political-social organizations, if retiring, shall be entitled to a one-time retirement allowance equal to thirty months' current salary and shall enjoy social insurance benefits as prescribed by the laws on social insurance.
Cadres and civil servants whose age remaining until retirement age as prescribed in Appendix I, Appendix II issued together with Decree No. 135/2020/NĐ-CP and do not meet the conditions for early retirement policy as prescribed in Article 7 of this Decree, if resigning voluntarily, shall be entitled to the following benefits:
1. Entitled to severance pay:
a) For those who resign voluntarily within the first twelve months from the date of the competent authority's decision to reorganize the organizational structure, they shall be entitled to severance pay equal to 0.8 month's current salary multiplied by the number of months for which severance pay is calculated.
b) For those who resign voluntarily from the thirteenth month onwards from the date of the competent authority's decision to reorganize the organizational structure, they shall be entitled to severance pay equal to 0.4 month's current salary multiplied by the number of months for which severance pay is calculated.
2. Entitled to a severance allowance of 1.5 months' current salary for each year of work with compulsory social insurance contributions.
3. Entitled to retain the time of social insurance contributions or receive a one-time social insurance benefit according to the laws on social insurance.
4. Entitled to a job-seeking allowance of three months' current salary.
Civil servants and employees whose age remaining until retirement age as prescribed in Appendix I, Appendix II issued together with Decree No. 135/2020/NĐ-CP and do not meet the conditions for early retirement policy as prescribed in Article 7 of this Decree, if resigning voluntarily, shall be entitled to the following benefits:
1. Entitled to severance pay:
a) For those who resign voluntarily within the first twelve months from the date of the competent authority's decision to reorganize the organizational structure, they shall be entitled to severance pay equal to 0.8 month's current salary multiplied by the number of months for which severance pay is calculated.
b) For those who resign voluntarily from the thirteenth month onwards from the date of the competent authority's decision to reorganize the organizational structure, they shall be entitled to severance pay equal to 0.4 month's current salary multiplied by the number of months for which severance pay is calculated.
2. Entitled to a severance allowance of 1.5 months' current salary for each year of work with compulsory social insurance contributions.
3. Entitled to retain the time of social insurance contributions or receive a one-time social insurance benefit according to the laws on social insurance.
4. Entitled to unemployment benefits as prescribed by the laws on unemployment insurance.
Officials, civil servants, and employees in leadership and management positions who cease to hold such positions or are elected or appointed to lower leadership and management positions due to organizational restructuring shall retain their previous position salary level or leadership position allowance until the end of the term of election or appointment period. In cases where they have held leadership and management positions for less than six months during the term of election or appointment period, they shall retain the allowance for six months.
Article 12. Policy for officials, civil servants, and employees strengthening work at grassroots levels.
Officials, civil servants, and employees from central and local agencies who are assigned by competent authorities to strengthen work at grassroots levels for a period of three years shall enjoy the following policies:
1. For officials, civil servants, and employees strengthening work at Party, State agencies, and political-social organizations at commune level, the following benefits shall be enjoyed:
a) Continue to receive salary (including all allowances) based on their job position before being assigned.
b) One-time allowance equivalent to ten months of the basic salary at the time of assuming the assignment.
c) If the assigned workplace is located in a particularly difficult economic and social condition area, they shall enjoy the policies and benefits stipulated in Decree No. 76/2019/NĐ-CP dated October 18, 2019 of the Government on policies for officials, civil servants, employees, and personnel receiving salaries in the armed forces working in areas with particularly difficult economic and social conditions (excluding the one-time allowance stipulated in point b of this clause).
d) After completing tasks satisfactorily at the grassroots level, they will be re-assigned back to the original agency, organization, or unit that assigned them or be reassigned by the competent authority to a suitable position not lower than their previous job position; simultaneously, they shall enjoy the following policies:
They shall be promoted one grade higher (the time of holding the new grade shall be calculated from the time of holding the old grade) if they have not yet reached the final grade in their rank or position.
They shall be considered for commendation and awards by ministries, sectors, and provinces according to the provisions of the Law on Encouragement and Reward.
a) Continue to receive salary (including allowances) based on their job position before being assigned.
b) One-time allowance equivalent to three months of the basic salary at the time of assuming the assignment.
c) If the assigned workplace is located in a particularly difficult economic and social condition area, they shall enjoy the policies and benefits stipulated in Decree No. 76/2019/NĐ-CP (excluding the one-time allowance stipulated in point b of this clause).
d) After completing tasks satisfactorily at the grassroots level, they will be re-assigned back to the original agency, organization, or unit that assigned them or be reassigned by the competent authority to a suitable position not lower than their previous job position; simultaneously, they shall enjoy the following policies:
They shall be promoted one grade higher (the time of holding the new grade shall be calculated from the time of holding the old grade) if they have not yet reached the final grade in their rank or position.
They shall be considered for commendation and awards by ministries, sectors, and provinces according to the provisions of the Law on Encouragement and Reward.
The benefits stipulated in points a, b, and c of Clause 1 and points a, b, and c of Clause 2 of this Article shall be paid by the agency, organization, or unit that assigns them.
Article 13. Policy on valuing individuals with outstanding qualities and capabilities
Civil servants, public officials, and employees specified in Clause 1 of Article 2 of this Decree who have outstanding qualities and capabilities, and have made particularly outstanding contributions to their agencies, organizations, or units shall be entitled to the following policies:
1. They may receive a salary increase of one grade level (the time point for holding the new grade level will be calculated based on the time point for holding the old grade level) if they have not yet been assigned to the final grade within their rank or position. The ratio of civil servants, public officials, and employees eligible for a one-grade-level salary increase must not exceed 10% of the total number of civil servants, public officials, and employees eligible for an early promotion due to outstanding achievements in annual tasks as stipulated in Clause 2 of Article 7 of Government Decree No. 204/2004/NĐ-CP dated December 14, 2004, on the wage system for civil servants, public officials, and employees and armed forces personnel (amended by Government Decree No. 17/2013/NĐ-CP dated February 19, 2013).
2. They shall be entitled to bonuses based on their outstanding achievements, decided by the head of the agency, organization, or unit from the bonus fund prescribed in Article 4 of Government Decree No. 73/2024/NĐ-CP dated June 30, 2024, on the basic wage and bonus system for civil servants, public officials, and employees and armed forces personnel; of which up to 50% of the bonus fund shall be allocated for rewarding civil servants, public officials, and employees with outstanding qualities and capabilities, particularly outstanding achievements, and sudden work achievements; the remaining bonus fund of the year shall be allocated for regular annual rewards based on the assessment and classification of job performance results.
3. They shall be given priority by the competent authority in planning, training, and fostering, and being assigned to leadership and management positions, including those beyond their current level, based on the evaluation of their achievements, effectiveness, and quality by the party committee and the heads of the agencies, organizations, or units where they work.
4. They shall be entitled to policies attracting and valuing talented individuals working in administrative agencies and public service units, provided that they meet the criteria and conditions set forth in other government decrees.
Article 14. Training and Development Policies for Civil Servants, Public Officials, and Employees After Organizational Restructuring
Based on the evaluation results of civil servants, public officials, and employees after organizational restructuring, the head of the agency, organization, or unit shall develop a training and development plan and send civil servants, public officials, and employees under their management to training and development programs to enhance their professional knowledge and skills to meet the requirements of their job positions, ensuring the effective operation of the agency, organization, or unit.
2. The retirement age for each category of military personnel during the implementation of organizational restructuring is as follows:
a) For officers of the Vietnam People's Army, the retirement age shall be implemented according to the provisions of the Law on Officers of the Vietnam People's Army and related guiding documents.
b) For professional soldiers, workers, and defense officials, the retirement age shall be implemented according to the provisions of the Law on Professional Soldiers, Workers, and Defense Officials and related guiding documents.
c) For officers and non-commissioned officers receiving salaries and workers in the police force, the retirement age shall be implemented according to the provisions of the Law on the People's Police and related guiding documents.
d) For personnel working in confidential organizations; contractual laborers receiving state budget salaries in the People's Police, the retirement age shall be implemented according to the provisions of the Law on Social Insurance and Government Decree No. 135/2020/NĐ-CP.
1. For civil servants; communal-level civil servants; armed forces personnel and workers (excluding workers in public service units): The funding for implementing policies and benefits shall be provided from the state budget.
2. For public officials and workers in public service units:
b) For public service units where the state budget covers part of their regular expenses: The funding for implementing policies and benefits shall come from the unit's revenue from its public service activities, the state budget allocation, and other lawful revenues. The state budget will allocate funding for implementing policies and benefits based on the number of staff receiving salaries from the state budget as assigned by the competent authority.
c) For public service units where the state budget fully covers their regular expenses: The funding for implementing policies and benefits shall be provided from the state budget.
3. For agencies, organizations, and units that have been consolidated or merged and implement training and capacity building to improve professional skills suitable for job positions for cadres, civil servants, and public officials: In addition to the annual training and capacity building funds allocated for cadres, civil servants, and public officials according to regulations, supplementary training and capacity building funds equal to 5% of the basic salary fund (excluding allowances) in the first year of organizational restructuring shall be provided.
4. The state budget ensures full funding equivalent to the amount paid into the social insurance retirement and survivorship fund for the period when cadres, civil servants, public officials, and workers retire early between five years and the mandatory retirement age without reducing their pension rate.
Chapter III
IMPLEMENTING PROVISIONS
1. Implement policies and benefits as prescribed in this Decree.
2. Based on guidance from the competent authority regarding the evaluation of cadres, civil servants, public officials, and workers in organizational restructuring, the head of the agency, organization, or unit shall seek opinions from the collective leadership of the same-level party committee and government to establish evaluation criteria and conduct a comprehensive review of the quality of cadres, civil servants, public officials, and workers under their management; based on this, identify those who must leave their posts due to organizational restructuring and are eligible for the policies and benefits stipulated in this Decree for streamlined organizational structures, reduced staffing, restructured and improved cadre quality, enhanced effectiveness and efficiency of operations; report to the competent authority for consideration and decision.
3. During the process of organizational restructuring of agencies, organizations, and units, if cadres, civil servants, public officials, and workers meet the conditions set out in this Decree and voluntarily request early retirement or resignation, the head of the agency, organization, or unit must prepare a list and budget for each case, submit it to the competent authority for consideration and approval; if not agreed, they must provide a written response with reasons.
4. After approval by the competent authority, promptly implement the payment of policies and benefits to cadres, civil servants, and public officials in accordance with the provisions of the law.
Article 18. Responsibilities of the Minister, Head of a ministry-level agency, Head of a government-affiliated agency, and the person in charge of organizations established by the Government or the Prime Minister that are not public service units
1. Issuing administrative documents to guide specific criteria for implementing the provisions of Article 6 of this Decree so that agencies, organizations, and units under their management can evaluate cadres, civil servants, public officials, and employees under their management in accordance with the characteristics and practical situation of the agency, organization, or unit; considering and deciding on subjects who must cease work due to organizational restructuring, reduction in staffing, reorganization, and improvement in the quality of cadres, civil servants, public officials, and employees to meet job requirements; ensuring scientific, fairness, objectivity, rationality, and humanism.
2. Directing and guiding the heads of agencies, organizations, and units under their management to compile lists of subjects required to cease work and voluntary resignation cases, applying policies and regulations stipulated in Articles 7, 8, 9, and 10, preparing budget estimates for implementation; submitting to the competent authority for review and decision-making according to the level of management.
3. Directing the personnel organization agency and financial agency to review the list of subjects, funds for policy and regulation implementation, and decisions according to the delegated authority; based on this, implementing policies and regulations for cadres, civil servants, public officials, and employees who have ceased work in accordance with the regulations.
4. Directing the development of plans to dispatch cadres, civil servants, and public officials under their management to strengthen grassroots work and training and further education to improve professional skills after restructuring.
5. Directing agencies, organizations, and units under their management to develop rules for salary increments for outstanding achievements in performing tasks, including provisions for skipping one grade and bonus regulations stipulated in Clause 1 and Clause 2 of Article 13 of this Decree and related regulatory legal documents.
6. Annually, based on the actual implementation of policies and regulations (including the number of subjects and the amount of assistance for each subject), forecasting the plan for implementing policies and regulations in the following consecutive year, directing the financial agency to prepare a budget estimate for implementing policies and regulations to be compiled and submitted to the competent authority for allocation and assignment of the budget estimate for implementing policies and regulations in the national budget estimate of the following consecutive year.
Article 19. Responsibilities of the People's Committee of provinces and centrally governed cities
1. Issuing administrative documents to guide specific criteria for implementing the provisions of Article 6 of this Decree so that agencies, organizations, and units under their management can evaluate cadres, civil servants, public officials, and employees under their management in accordance with the characteristics and practical situation of the agency, organization, or unit; considering and deciding on subjects who must cease work due to organizational restructuring, reduction in staffing, reorganization, and improvement in the quality of cadres, civil servants, public officials, and employees to meet job requirements; ensuring scientific, fairness, objectivity, rationality, and humanism.
2. Directing and guiding the heads of agencies, organizations, and units under their management to compile lists of subjects required to cease work and voluntary resignation cases, applying policies and regulations stipulated in Articles 7, 9, and 10, preparing budget estimates for implementation; submitting to the competent authority for review and decision-making according to the level of management.
3. Directing the Civil Service Department and the Finance Department to review the list of subjects, funds for policy and regulation implementation, and decisions according to the delegated authority; based on this, implementing policies and regulations for cadres, civil servants, and public officials who have retired early or ceased work in accordance with the regulations.
4. Directing the development of plans to dispatch cadres, civil servants, and public officials under their management to strengthen grassroots work and training and further education to improve professional skills after restructuring; at the same time, directing agencies, organizations, and units to organize reception, create favorable working conditions, and arrange official housing according to the actual situation of the locality for cadres, civil servants, and public officials dispatched to the locality.
5. Directing agencies, organizations, and units under their management to develop rules for salary increments for outstanding achievements in performing tasks, including provisions for skipping one grade and bonus regulations stipulated in Clause 1 and Clause 2 of Article 13 of this Decree and related regulatory legal documents.
Article 20. Responsibilities of the Ministry of Home Affairs
1. Guiding the implementation of policies and regulations stipulated in this Decree.
2. Inspecting the implementation of regulations on resolving policies and regulations at ministries, sectors, and localities.
3. Coordinating with relevant agencies to direct the Social Insurance Agency and related agencies to resolve social insurance and unemployment insurance benefits for subjects entitled to such benefits under the laws on social insurance and unemployment insurance.
Article 21. Responsibilities of the Ministry of Finance
1. Guiding the determination of funding sources and the preparation, management, utilization, and settlement of budgets for implementing policies stipulated in this Decree.
2. Allocating funds to implement policies and regulations, submitting to the competent authority for decision-making in accordance with the State Budget Law.
3. Directing the Social Insurance Agency to calculate the equivalent amount of state budget funds to be guaranteed for contributions to the pension and death benefit fund as stipulated in Clause 4 of Article 16 of this Decree.
Article 22. Responsibilities of the Ministry of National Defense and the Ministry of Public Security
Guide and organize the implementation of the provisions set forth in Article 15 of this Decree for objects within their management scope.
Article 23. Responsibilities of public service units
Public service units shall self-fund regular expenses and investment costs; public service units that self-fund regular expenses shall determine the level of policy and system benefits for officials and employees under their management based on the revenue from their operational activities and other lawful sources of income, but such levels shall not be lower than those stipulated in this Decree.
1. This Decree takes effect from January 1, 2025.
2. For individuals who have already benefited from the policies stipulated in Decree No. 29/2023/NĐ-CP dated June 3, 2023 of the Government regarding streamlining the establishment before January 1, 2025, they shall not benefit from the policies and systems stipulated in this Decree.
In cases where policies and systems are being implemented due to organizational restructuring, administrative unit reorganization at the district and commune levels as prescribed in Decree No. 29/2023/NĐ-CP, but the competent authority has yet to issue a decision on the benefits, these cases shall apply the policies and systems stipulated in this Decree.
Article 26. Application of incentive policies for cadres who do not meet age criteria for re-election or re-appointment to positions or titles during their term in the Communist Party of Vietnam's agencies, State, and political-social organizations
Cadres who do not meet the age criteria for re-election or re-appointment to positions or titles during their term in the Communist Party of Vietnam's agencies, State, and political-social organizations, who retire early and are subject to incentives for their contributions according to the Law on Encouragement and Reward and Decree No. 98/2023/NĐ-CP, may be considered for rewards according to the provisions of Clause 3, Article 7 of this Decree, or reviewed for appropriate forms of reward based on their achievements, in accordance with the Law on Encouragement and Reward and Decree No. 98/2023/NĐ-CP.
Article 27. Responsibility for Implementation
1. The Central Organization Department, the Committee for Deputies' Work under the Standing Committee of the National Assembly, the President's Office, the Supreme People's Procuracy, the Supreme People's Court, and the State Audit Agency shall guide agencies, organizations, and units under their management to implement the resolution of policies and systems for cadres, civil servants, officials, and workers under their management based on the provisions of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.
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PRIME MINISTER |
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