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THE
GOVERNMENT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
178/2024/ND-CP
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Hanoi,
December 31, 2024
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DECREE
ON BENEFITS AND POLICIES FOR OFFICIALS, PUBLIC EMPLOYEES,
EMPLOYEES, AND ARMED FORCES IN RESTRUCTURING OF ORGANIZATIONAL APPARATUS OF THE
POLITICAL SYSTEM
Pursuant to Law on Governmental
Organization dated June 19, 2015; Law on amendments to Law on Government
Organization and Law on Local Governmental Organization dated November 22, 2019;
Pursuant to Labor Code dated
November 20, 2019;
Pursuant to Law on Officials
dated November 13, 2008;
Pursuant to Law on Public
employees dated November 15, 2010;
Pursuant to Law on Public
employees dated November 15, 2010; Law on amendments to Law on Officials and
Law on Public employees dated November 25, 2019;
Pursuant to the Law on Officers
of the Vietnam People's Army dated December 21, 1999; Law amending a number of
articles of the Law on Officers of the Vietnam People's Army dated June 3,
2008; Law amending a number of articles of the Law on Officers of the Vietnam
People's Army dated November 27, 2014; Law amending a number of articles of the
Law on Officers of the Vietnam People's Army dated November 28, 2024;
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Law on the People’s Public
Security Force dated November 20, 2018; Law amending and supplementing a number
of articles of the Law on the People’s Public Security Force dated June 22,
2023;
Pursuant to the Law on Social
Insurance dated November 20, 2014;
Pursuant to the Law on
Employment dated November 16, 2013;
Pursuant to the Law on Emulation
and Commendation dated June 15, 2022;
At the request of the Minister
of Home Affairs;
The Government issues a Decree
on benefits and policies for officials, public employees, employees, and armed
forces in restructuring of organizational apparatus of the political system
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
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1. Organizations of the Communist
Party of Vietnam, the State, the Vietnam Fatherland Front, political - social
organizations at central, provincial, and district levels; commune-level
officials, public employees, and armed forces.
2. Public service providers within
the organizational structure of advising and assisting agencies of the Central
Committee, the Politburo; ministries, central authorities and central agencies
of the provincial People's Committees and specialized agencies of the
provincial People's Committees, and district-level People's Committees.
3. Other public service providers
(not covered in Clause 2 of this Article) must complete the organization
restructuring or personnel restructuring within 12 months from the date
receiving a decision from the competent authority.
Article 2.
Regulated entities
1. Officials, public employees,
employees working under employment contracts in agencies, organizations, units,
and armed forces undergoing restructuring of organizational apparatus,
administrative units at all levels (hereinafter referred to as restructuring of
organizational apparatus) as stipulated in Article 1 of this Decree) include:
a) Leaders, managers and officials,
public employees;
b) Commune-level officials;
c) Employees working under
employment contracts in accordance with labor laws before January 15, 2019 and
employees working under employment contracts who are eligible to receive the
same benefits as officials (hereinafter referred to as “employees”);
d) Commissioned officers,
professional servicemen, national defense workers and officials of the Vietnam
People's Army;
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e) Persons working in cipher
organizations;
2. Officials who do not meet the
age requirements for re-election or re-appointment to positions or titles
within the term in the organizations of the Communist Party of Vietnam, the
State, political - social organizations, and officials who voluntarily resign
shall follow the regulations in other Government's decrees.
Article 3.
Rules for implementation of benefits, policies
1. Ensure the leadership of the
Communist Party of Vietnam, uphold the supervisory role of the Vietnam
Fatherland Front and political - social organizations, and the People in the
process of implementing benefits and policies.
2. Commit that the benefits and
policies are implemented democratically, objectively, openly, and transparently
and in accordance with applicable laws.
3. Ensure that the number of
leaders, manager, as well as the number of officials, public employees,
employees in organizations and units within the political system after
restructuring, complies with the regulations within 05 years from the effective
date of the decision on restructuring the organizational apparatus of the
competent authority.
4. Sufficiently and promptly settle
all benefits and policies under applicable laws, effectively use the State
budget.
5. Each organization must conduct a
comprehensive review and assessment of officials, public employees, and
employees in a fair and objective manner by qualities, capabilities,
implementation results, and task performance according to their job
requirements; then, carry out restructuring, downsizing, and settle benefits
and policies for officials, public employees and employees.
6. Collectives of CPV committee
leaders, the government and heads of agencies, organizations and units are
responsible for assessing, screening and selecting candidates subject to
termination, aligned with restructuring and improving the quality of officials
and public employees under their management to ensure the efficiency and
effectiveness operations of agencies, organizations and units.
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Article 4.
Cases not considered for termination
1. The individuals specified in
Clause 1 of Article 2 of this Decree who are women and are currently pregnant,
on maternity leave, or have babies less than 36 months, except for cases where
individuals voluntarily resign.
2. Individuals who are under
disciplinary review, facing criminal prosecution, or under inspection due to
showing signs of violations.
Article 5.
Determination of time and salary to calculate benefits, policies
1. Early retirement period used to
calculate lump-sum retirement benefits is from the retirement date stated in
the retirement decision to the retirement age specified in Appendix I and
Appendix II of Decree No. 135/2020/ND-CP dated November 18, 2020, of the
Government, up to 5 years (60 months).
2. Time used to calculate severance
allowance is working time during which compulsory social insurance premiums
were paid in organizations of the Communist Party of Vietnam, State, political
- social organizations, and armed forces as stipulated in Article 1 of this
Decree:
a) If the working time during which
compulsory social insurance premiums were paid is at least 5 years, the time
used to calculate severance allowance shall be up to 05 years (60 months).
b) If the working time during which
compulsory social insurance premiums were paid is under 05 years, the time used
to calculate severance allowance shall equal to working time during which
compulsory social insurance premiums were paid
3. The time used to calculate
allowances by working time during which compulsory social insurance premiums
were paid stated in Articles 5, 6, 7, and 8 of this Decree is the total such
working time (using each person's social insurance book) and during which the
employee did not receive severance allowance, lost his/her job, did not receive
lump-sum social insurance payout, or demobilization allowance. If the total
time used to calculate severance allowance is not full year(s), it shall be
rounded up as follows: A period from 01 month to less than 06 months is
considered as 0,5 years; a period from over 06 months to less than 12 months is
considered as 1 year.
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5. The 1st of the month succeeding
the birth month of an employee will be used to calculating the age to receive
severance package; the January 1st of the birth year will be used his/her birth
day and month cannot be identified.
6. Current monthly salary means the
salary of the month preceding the month of termination, including: the salary
based on pay grade, pay step, rank, position, title, professional title; or the
salary stated in the employment contract, or allowances (including: leadership
allowance; extra-seniority allowance; occupational seniority allowance;
job-based preferential allowance; job-based responsibility allowance; official
duty allowances; allowance for those working in the CPV agencies,
political-social associations; particular allowance for armed force).
Article 6.
Criteria for assessing officials, public employees, employees for restructuring
and settlement of benefits and policies
Collectives of CPV committee
leaders, the government and the head of each agency, organizations and units
must review, assess all of the officials, public employees, and employees under
their management based on their performance of tasks in the last 3 years
according to the following criteria:
1. Criteria for assessment of ethical
qualities, sense of responsibility, self-discipline, and commitment in the
performance of duties and tasks by officials, public employees and employees.
2. Criteria for assessment of
professional competence, skills; ability to satisfy requirements of progress,
time, quality in the performance of regular and unexpected duties and tasks.
3. Criteria for assessment of
results, work products related to the functions, tasks of the agency,
organization, unit archived by officials, public employees and employees.
4. Officials, public employees, and
employees to be assessed as having outstanding qualities and capabilities, they
must meet the three criteria in clause 1, clause 2, and clause 3 of this
Article, while also ensuring the criteria regarding innovation, creativity,
daring to think, daring to do, daring to take responsibility for the common
good and have outstanding achievements, bringing benefits to the agency,
organization, unit.
Chapter II
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Article 7.
Early retirement policies
Subjects specified in Clauses 1 and
3 of Article 2 hereof who retire early are entitled to the following benefits:
1. Being entitled to lump-sum
retirement allowance for the early retirement:
a) For persons retiring within the
first 12 months from the date of the decision on restructuring of the
organizational apparatus of the competent authority:
If their age is lower by 05 years
or less than the retirement age specified in Appendix I and Appendix II
attached to Decree No. 135/2020/ND-CP , their lump-sum retirement allowance
equals 1 month of the current monthly salary multiplied by the number of early
retirement months.
If their age is lower by more than
05 years to 10 years than the retirement age specified in Appendix I attached
to Decree No. 135/2020/ND-CP , their lump-sum retirement allowance equals 0,9
times the current monthly salary multiplied by 60 months.
b) For persons retiring from the
13th month onwards from the date of the decision on restructuring of the
organizational apparatus of the competent authority, they will receive 0,5
times the allowance specified in point a of clause 1 of this Article.
2. Being entitled to early
retirement benefits based on the working time during which compulsory social
insurance premiums were paid and the number of early retirement years:
If their age is lower by 02 years
to 05 years than the retirement age specified in Appendix I attached to Decree
No. 135/2020/ND-CP and their working time during which compulsory social
insurance premiums were paid satisfies the requirement to be entitled to
pensions in accordance with laws on social insurance, in addition to the
prescribed retirement policies, they are entitled to:
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Receiving current 05-month salary
for each year of early retirement compared to the standard retirement age
specified in Appendix I attached to Decree No. 135/2020/ND-CP ;
Receiving current 05-month salary
for the first 20 working years with full payment of compulsory social insurance
premiums. From the 21st year onwards, for each additional working year with
full payment of compulsory social insurance premiums, receiving current
0,5-month salary.
b) If their age is lower by more
than 05 years to 10 years than the retirement age specified in Appendix I
attached to Decree No. 135/2020/ND-CP and their working time during which
compulsory social insurance premiums were paid satisfies the requirement to be
entitled to pensions in accordance with laws on social insurance, in addition
to the retirement policies prescribed by laws on social insurance, they are
entitled to:
Not being subject to a reduction in
the pension percentage due to early retirement.
Receiving current 04-month salary
for each year of early retirement compared to the standard retirement age
specified in Appendix I attached to Decree No. 135/2020/ND-CP ;
Receiving current 05-month salary
for the first 20 working years with full payment of compulsory social insurance
premiums. From the 21st year onwards, for each additional working year with
full payment of compulsory social insurance premiums, receiving current
0,5-month salary.
c) If their age is lower by 02
years to 05 years than the retirement age specified in Appendix II attached to
Decree No. 135/2020/ND-CP and their working time during which compulsory social
insurance premiums were paid satisfies the requirement to be entitled to
pensions in accordance with laws on social insurance, with at least 15 years of
working in heavy, dangerous or hazardous industries or extremely heavy,
dangerous or hazardous industries on the list released by the Ministry of
Labor, War Invalids and Social Affairs, or at least 15 years of working in
severely disadvantaged areas on the list released by the Ministry of Labor, War
Invalids and Social Affairs, including the working time in areas with
region-based allowances of at least 0,7 before January 1, 2021, in addition to
the retirement policies prescribed by laws on social insurance, they are
entitled to:
Not being subject to a reduction in
the pension percentage due to early retirement.
Receiving current 05-month salary
for each year of early retirement compared to the standard retirement age
specified in Appendix II attached to Decree No. 135/2020/ND-CP ;
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d) If their age is lower by 02
years than the retirement age specified in Appendix I attached to Decree No.
135/2020/ND-CP and their working time during which compulsory social insurance
premiums were paid satisfies the requirement to be entitled to pensions in accordance
with laws on social insurance, they shall be entitled to the retirement
policies prescribed by laws on social insurance and shall not have their
pension percentage reduced due to early retirement.
dd) If their age is lower by 02
years than the retirement age specified in Appendix II attached to Decree No.
135/2020/ND-CP and their working time during which compulsory social insurance
premiums were paid satisfies the requirement to be entitle for pensions in
accordance with laws on social insurance, with at least 15 years of working in
heavy, dangerous or hazardous industries or extremely heavy, dangerous or
hazardous industries on the list released by the Ministry of Labor, War
Invalids and Social Affairs, or at least 15 years of working in severely disadvantaged
areas on the list released by the Ministry of Labor, War Invalids and Social
Affairs, including the working time in areas with region-based allowances of at
least 0,7 before January 1, 2021, they shall be entitled to the retirement
policies prescribed by laws on social insurance and shall not have their
pension percentage reduced due to early retirement.
3. Officials and public employees
who retire early under Clauses 1 and 2 of this Article are subject considered
for commendation for their contribution processes as stipulated by the Law on
Emulation and Commendation and Decree No. 98/2023/ND-CP dated December 31,
2023, of the Government elaborating the Law on Emulation and Commendation. If
they lack the required length of service in a leadership position at the time
of retirement to be commended for their contribution processes, the remaining
time of their of the term of election or appointment may be considered as the
corresponding early retirement period for the purposes of assessing their contribution
processes for commendation in accordance with the Law on Emulation and
Commendation and Decree No. 98/2023/ND-CP. For official and public employees
ineligible for commendation for their contribution processes, the competent
authority may consider appropriate forms of commendation based on their
achievements.
Article 8.
Policies for executive officials eligible to have their working time extended
An executive official who has
reached his/her retirement age as prescribed but is granted an extension of
working time by the Politburo, the Secretariat, may continue working in
agencies of the Communist Party of Vietnam, the State, and socio-political
organizations. If they retire, they will receive a lump-sum retirement
allowance equivalent to 30 months of their current monthly salary and will be
entitled to social insurance benefits as per the regulations of the law on
social insurance.
Article 9.
Resignation policies for officials specified in points a, b of clause 1 of
Article 2 hereof
If officials whose age is lower by
02 year or more than the retirement age specified in Appendix I and Appendix II
attached to Decree No. 135/2020/ND-CP , are ineligible for early retirement
benefits specified in Article 7 hereof, they shall be entitled to the following
benefits upon termination:
1. Being entitled to severance
allowance:
a) For persons retiring within the
first 12 months from the date of the decision on restructuring of the
organizational apparatus of the competent authority, they will receive 0,8
times the current monthly salary multiplied by the number of months entitled to
the severance allowance.
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2. Receiving current 1,5-month
salary for each working year with full payment of compulsory social insurance
premiums.
3. Reserving social insurance
premium payment period or receiving lump-sum social insurance in accordance
with the law on social insurance.
4. Receiving current 03-month
salaryfor seeking new employment.
Article 10.
Resignation policies for public employees and employees specified in points a,
b of clause 1 of Article 2 hereof
If public employees, employees
whose age is lower by 02 year or more than the retirement age specified in
Appendix I and Appendix II attached to Decree No. 135/2020/ND-CP , are
ineligible for early retirement benefits specified in Article 7 hereof, they
shall be entitled to the following benefits upon termination:
1. Being entitled to severance
allowance:
a) For persons retiring within the
first 12 months from the date of the decision on restructuring of the
organizational apparatus of the competent authority, they will receive 0,8
times the current monthly salary multiplied by the number of months entitled to
the severance allowance.
a) For persons retiring from the
13th month onwards from the date of the decision on restructuring of the
organizational apparatus of the competent authority, they will receive 0,4
times the current monthly salary multiplied by the number of months entitled to
the severance allowance.
2. Receiving current 1,5-month salary
for each working year with full payment of compulsory social insurance
premiums.
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4. Being entitled to unemployment
insurance in accordance with laws on unemployment insurance.
Article 11.
Policies for officials, public employees who are no longer leaders,
managers or transferred to lower-ranks due to restructuring of organizational
apparatus
Officials, public employees who are
no longer leaders, managers or transferred to lower-ranks due to restructuring
of organizational apparatus shall have their salary or leadership allowance
reserved until the end of the election or appointment term. If the election or
appointment term is less than 6 months remaining, their salary or leadership
allowance may be reserved for 06 months.
Article 12.
Policies for officials, public employees to increase secondment to grassroots
Officials, and employees in central
and local authorities who are seconded to grassroots for 3 years are entitled
to the following benefits:
1. Officials, public employees
seconded to agencies of Communist Party of Vietnam, the State, and
socio-political organizations at communes shall be entitled to the following
benefits:
a) Receive the same salary
(including all applicable allowances) as their previous position before the
secondment.
b) Receive lump-sum allowance
equivalence to 10-month statutory pay rate at the time of secondment.
c) If being seconded to units in
severely disadvantaged areas, receive benefits, policies specified in Decree
No. 76/2019/ND-CP dated October 18, 2019, of the Government on benefits for
officials, public employees, employees, and individuals on payroll in the
armed forces working in severely disadvantaged areas (excluding allowance
specified in point b of this clause).
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Have their salary grade increased
by one (the time to keep the new salary grade shall be determined by keeping
the old one) if their salary grade is not at the highest in such grade or
title.
Be considered for commendation by
ministries, departments, central and provincial authorities in accordance with
the Law on Emulation and Commendation.
2. Officials, public employees of
central agencies who are seconded to agencies of Communist Party of Vietnam,
the State, socio-political organizations and public service providers at
communes and districts shall be entitled to the following benefits:
Receive the same salary (including
all applicable allowances) as their previous position before the secondment.
b) Receive lump-sum allowance
equivalence to 03-month statutory pay rate at the time of secondment.
c) If being seconded to units in
severely disadvantaged areas, receive benefits, policies specified in Decree No.
76/2019/ND-CP (excluding allowance specified in point b of this clause).
d) Upon successful completion of
their duties at the grassroots-level divisions, return to their original
agency, organization, or unit, or be assigned a suitable position not lower
than their previous position before the secondment; and receive the following
benefits:
Have their salary grade increased
by one (the time to keep the new salary grade shall be determined by keeping
the old one) if their salary grade is not at the highest in such grade or
title.
Be considered for commendation by
ministries, departments, central and provincial authorities in accordance with
the Law on Emulation and Commendation.
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Article 13.
Policies for retaining person who have outstanding qualities and capabilities
Officials, public employees, and
employees specified in clause 1 of Article 2 hereof, who have outstanding
qualities and capabilities, outstanding achievements contributing to agencies,
organizations and units shall be entitled to the following benefits:
1. Have their salary grade
increased by one (the time to keep the new salary grade shall be determined by
keeping the old one) if their salary grade is not at the highest in such grade
or title. The ratio of officials, public employees who have salary grade
increased by one shall not exceed 10% of the total number of officials, public
employees eligible for early salary grade increase due to outstanding
performance in the annual tasks of the agency, organization, or unit in
accordance with Clause 2 of Article 7 of Decree No. 204/2004/ND-CP dated
December 14, 2004, of the Government on salary of officials, public employees,
and armed forces (which is amended by Decree No. 17/2013/ND-CP dated February
19, 2013, of the Government).
2. Be entitled to bonuses
determined by the Head of the agency, organization, or unit for outstanding
performance from the bonus fund specified in Article 4 of Government Decree No.
73/2024/NĐ-CP dated June 30, 2024, prescribing statutory pay rate and bonus
policies for officials, public employees and armed forces, in which (i) a
maximum of 50% of the bonus fund shall be used to reward officials and public
employees with outstanding qualities, capabilities, achievements, and task
performance; the remaining bonus of the year shall be allocated for periodic
commendation based on annual results of assessment, classification of task
completion.
3. Receive attention from competent
authorities, priority in planning, training, refresher training, and placement
in positions of leaders, managers, including those above their level, based on
the results of performance, efficiency, and quality assessments of officials
and public employees of the CPV Committee and the head of the agency,
organization, or unit where they work.
4. Benefit from policies for
attracting and retaining talents in administrative agencies, public service
providers if they meet the criteria and conditions as specified in other Government’s
Decrees.
Article 14.
Policies of training, refresher training for improving the qualification of
officials, public employees to improve after restructuring
Based on the assessment results of
officials, public employees after restructuring, the head of the agency,
organization, or unit shall develop a training and refresher training plan and
select officials, public employees under their management for training and
refresher training to improve their professional skills and expertise so that
they are able to satisfy the requirements of their positions, ensuring the
efficient and effective operation of the agency, organization, or unit.
Article 15. Benefits
and policies for armed forces during the restructuring of organizational
apparatus
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2. Retirement age used to
calculating for benefit, policy entitlement, applicable to each subjects within
the armed forces:
a) For officers of the Vietnam
People's Army, their retirement age shall follow the regulations of the Law on
Officers of the Vietnam People's Army and its guiding documents.
b) For professional servicemen,
national defense workers and public employees, their retirement age shall
follow the regulations of the Law on professional servicemen, national defense
workers and public employees and its guiding documents.
c) For Commissioned officers,
non-commissioned officers, and public security workers, their retirement age
shall follow the regulations of the Law on People’s Public Security Force and
its guiding documents.
d) For persons working in cipher
organizations; contractual employees who receive salaries from state budget in
the People's Police, their retirement age shall comply with Law on Social
Insurance and Decree No. 135/2020/ND-CP .
Article 16.
Funding sources
1. For officials; commune-level
officials; armed forces, and employees (excluding employees of public service
providers): The settlement of policies, benefits shall be funded by the state
budget.
2. For public employee and
employees of public service providers:
a) Public service providers
self-covering both recurrent and investment expenses; public service providers
self-covering recurrent expenses: The settlement of policies, benefits shall be
funded by revenues of operation of providers and other lawful sources.
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c) Public service providers of
which recurrent expenses are covered by state budget: The settlement of
policies, benefits shall be funded by the state budget.
3. For agencies, organizations, and
units post-merger or consolidation implementing training and refresher training
to improve professional skills, expertise that is suitable for job positions
for officials, public employees, and employees: In addition to the allocated
funds for annual training and refresher training for officials and public
employees as prescribed, an additional funds for such training and equal to 5%
of the total basic salary fund (excluding allowances) in the first year of
restructuring of organizational apparatus is provided.
4. The state budget shall ensure
equivalent funds to the social insurance premiums contributions to the
retirement and survivorship fund for the early retirement period of officials,
public employees, and employees within 5 years till reaching the retirement age
as stipulated without reducing the pension entitlement rate.
Chapter III
IMPLEMENTATION CLAUSE
Article 17.
Responsibilities of the heads of the agencies, organizations, and units
directly managing and using officials and public employees
1. Implement benefits and policies
and regimes specified herein.
2. Based on the guidance of the
competent authority on assessing officials, public employees, and employees
during restructuring of organizational apparatus, the head of the agency,
organization, or unit shall seek collective opinions of the leadership of the
CPV Committee and the government of the same level to issue assessment criteria
and conduct a comprehensive review of the quality of officials, public
employees, and employees under their management; then, determine individuals
subject to termination due to restructuring and are entitled to benefits,
policies specified herein for restructuring of organizational apparatus,
downsizing, reorganizing, and improving the quality of the officials and public
employees and efficiency and effectiveness in operation; report to the
competent authority for review and decision-making.
3. If, during the restructuring of
organizational apparatus of the agency, organization, or unit, officials,
public employees, and employees who satisfy conditions to application of this
Decree voluntarily, apply for early retirement or resignation, the head of the
agency, organization, or unit must compile and submit a list estimating the
amount for implementing benefits for each case to the competent authority for
review, approval; In case of refusal, a written response must be provided
clearly stating the reason.
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Article 18.
Responsibilities of Ministers, Heads of ministerial agencies, Heads of
Governmental agencies, Heads of organizations established by the Government or
the Prime Minister that are not public service providers
1. Issue administrative documents
guiding specific criteria specified in Article 6 hereof for agencies,
organizations, units under management to assess officials, public employees,
and employees under their management in line with the characteristics and
practical situation of the agency, organization, unit; review, decide on
individuals subject to termination due to restructuring of organizational
apparatus, downsizing, reorganizing, and improvement of quality of officials,
public employees to meet the job requirements; ensure scientific, fair,
objective, reasonable, and humane assessment.
2. Direct and provide guidance to
the heads of agencies, organizations, units under management to establish list
of individuals subject to termination and those voluntarily applying for
resignation that are eligible for the benefits, policies specified in Articles
7, 8, 9, and 10, estimate budget for implementation; submit them to the
competent authority for review, decision-making by the management hierarchy.
3. Direct the personnel and
organization agencies, financial agencies to assess the list of individuals,
budget for implementing benefits and policies, and decide by hierarchical
authority; then, settle benefits and policies for officials, public employees
and employees who retire/resign in accordance with applicable regulations.
4. Direct the development of plans
to second officials, public employees within management to increase secondment
at grassroots-level divisions and training, refresher training to improve
professional skills, expertise after restructuring.
5. Direct agencies, organizations,
units under management to develop regulations on salary grade increase for
individuals with outstanding performance of task, including regulations on
one-salary grade increase and bonus regulations specified in Clause 1, Clause 2
of Article 13 hereof and relevant legislative documents.
6. Annually, pursuant to the
implementation of benefits and policies (including the number of beneficiaries
and the amount of subsidies for each beneficiary), project the plan for such
implementation for the upcoming year, instruct financial agencies to estimate a
budget for such implementation to compile, and submit them to the competent
authority for budget allocation, assignment in the state budget plan for the
following consecutive year.
Article 19.
Responsibilities of People's Committees of provinces and centrally affiliated
cities
1. Issue administrative documents
guiding specific criteria specified in Article 6 hereof for agencies,
organizations, units under management to assess officials, public employees,
and employees under their management in line with the characteristics and
practical situation of the agency, organization, unit; review, decide on
individuals subject to termination due to restructuring of organizational
apparatus, downsizing, reorganizing, and improvement of quality of officials,
public employees to meet the job requirements; ensure scientific, fair,
objective, reasonable, and humane assessment.
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3. Direct the personnel and
organization agencies, financial agencies to assess the list of individuals,
budget for implementing benefits and policies, and decide by hierarchical
authority; then, settle benefits and policies for officials, public employees,
employees who retire/resign in accordance with applicable regulations.
4. Direct the development of plans
to second officials, public employees within the management to increase
secondment at grassroots-level divisions and training, refresher training to
improve their professional skills, expertise after restructuring; direct the
agencies, organizations, units to receive and enable access to convenient work
conditions, arrange official residence for officials, public employees who are
seconded to their provinces based on local situation.
5. Direct agencies, organizations,
units under management to develop regulations on salary grade increase for
individuals with outstanding performance of task, including regulations on
one-salary grade increase and bonus regulations specified in Clause 1, Clause 2
of Article 13 hereof and relevant legislative documents.
6. Propose to the People's Council
at the same level to issue additional support policies for individuals under
management based on the local budget balancing capability
7. Annually, pursuant to the
implementation of benefits and policies (including the number of beneficiaries
and the amount of subsidies for each beneficiary), project the plan for such
implementation for the upcoming year, instruct financial agencies to estimate a
budget for such implementation to compile into the overall salary reform needs
in the state budget estimate of the following consecutive year of the province.
Article 20.
Responsibilities of the Ministry of Home Affairs
1. Provide guidance on
implementation of benefits and policies and regimes specified herein.
2. Inspect the implementation of
regulations on benefit and policy settlement at ministries, central and local
authorities.
3. Cooperate with competent
authorities to direct Social Insurance agencies and relevant agencies to settle
social insurance and unemployment insurance policies for beneficiaries in
accordance with laws on social insurance and unemployment insurance.
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1. Provide guidance on determining
funding sources and making estimates, managing, using and settling funds to
implement benefits prescribed herein.
2. Allocate funds to implement
benefits and policies, submit to competent authorities for decision in
accordance with the Law on State Budget.
3. Direct Social Insurance agencies
to calculate the fund covered by the state budget which is equivalent to the
amount of social insurance contributions to the retirement insurance and
survivorship fund prescribed in Clause 4 of Article 16 of this Decree.
Article 22.
Responsibilities of the Ministry of National Defense and the Ministry of Public
Security
Provide guidance and organize the
implementation of Article 15 hereof for entities under management.
Article 23.
Responsibilities of public service providers
Public service providers
self-covering both recurrent and investment expenses; public service providers
self-covering recurrent expenses shall, based on the revenue from the unit's
operations and other lawful sources of the unit, determine the expenses
for benefits and policies for public employees and employees under management,
which must be higher those specified herein.
Article 24.
Effect
1. This Decree comes into force
from January 01, 2025.
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Article 25.
Transitional provisions
Cases pending on settlement of
benefits and policies due to the organizational restructuring of
district-level, commune-level administrative apparatus and divisions specified
in Decree No. 29/2023/ND-CP shall be entitled to benefits and policies
specified herein if the competent authority has not issued a decision on such
entitlement.
Article 26.
Application of bonus policies for executive officials who do not meet the age
requirements for re-election or re-appointment to positions or titles within
the term in the organizations of the Communist Party of Vietnam, the State,
political - social organizations
Executive officials who (i) do not
meet the age requirements for re-election or re-appointment to positions or
titles within the term in the organizations of the Communist Party of Vietnam,
the State, political - social organizations, (ii) are eligible for commendation
for their contribution processes in accordance with Law on Emulation and
Commendation and Decree No. 98/2023/ND-CP , (iii) and retire early, may apply
regulations of clause 3 of Article 7 hereof for such commendation in accordance
with Law on Emulation and Commendation and Decree No. 98/2023/ND-CP or be
considered for other appropriate forms for commendation of their achievements.
Article 27.
Responsibility for implementation
1. The Central Organization
Commission, Working Committee of Delegates affiliated to the Standing Committee
of National Assembly, Office of the President, Supreme People’s Court, Supreme
People’s Procuracy and State Audit Office of Vietnam shall instruct
authorities, organizations and units within their administration to execute the
benefit and policy settlement for officials, public employees, and employees in
accordance with this Decree.
2. Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, Presidents of People’s Committees of
provinces and centrally affiliated cities and relevant agencies, organizations,
and individuals are responsible for the implementation of this Decree./.
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