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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: 67/2025/ND-CP
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Hanoi, March 15,
2025
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DECREE
AMENDING
DECREE NO. 178/2024/ND-CP DATED DECEMBER 31, 2024 OF THE GOVERNMENT ON BENEFITS
AND POLICIES FOR OFFICIALS, PUBLIC EMPLOYEES, EMPLOYEES, AND ARMED FORCES IN
RESTRUCTURING OF ADMINISTRATIVE APPARATUS OF THE POLITICAL SYSTEM
Pursuant to Law on Government Organization dated
February 18, 2025;
Pursuant to the Labor Code dated November 20,
2019;
Pursuant to the Law on Officials dated November
13, 2008;
Pursuant to the 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 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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Pursuant to 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; Law on Social Insurance dated June 29, 2024;
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 amending Decree
No. 178/2024/ND-CP dated December 31, 2024 of the Government on benefits and
policies for officials, public employees, employees, and armed forces in
restructuring of administrative apparatus of the political system.
Article 1. Amendments to Decree
No. 178/2024/ND-CP dated December 31, 2024 of the Government on benefits and
policies for officials, public employees, employees, and armed forces in
restructuring of administrative apparatus of the political system
1. Amendment to Article 1:
“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 (hereinafter referred to as “agencies
and organizations from central to district level”) and armed forces.
2. Administrative organizations of agencies and
organizations from central to district level that directly carry out/do not
directly carry out restructuring of administrative apparatus but carry out
downsizing, restructuring and improvement of the quality of officials.
3. Public service providers that directly carry
out/do not directly carry out restructuring of administrative apparatus but
carry out downsizing, restructuring and improvement of the quality of
officials, including:
a) Units under the organizational structure of
agencies and organizations from central to district level and administrative
organizations of agencies and organizations from central to district level;
b) Units of CPV agencies of provinces, centrally
affiliated cities, districts, district-level towns and cities; of People's
Committees of provinces and districts; of provincial political - social
organization.
4. Other remaining public service providers (not
covered in Clause 3 of this Article) must complete the organization restructuring
within 12 months from the date receiving a decision from the competent
authority.
5. Agencies, organizations and units arranged by
administrative divisions at all levels.
6. The associations assigned by the CPV and State
at the central, provincial and district levels shall arrange, merge and
consolidate their organizational apparatus.”
2. Amendment to Article 2:
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a) Officials and public employees who are not
leaders or managers;
b) Commune-level officials;
c) Employees working under employment contracts for
certain types of jobs in administrative agencies and public service providers
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) Officers, professional servicemen, national
defense workers and officials, and contractual employees who receive salaries
from state budget of the Vietnam People's Army;
dd) Officers, enlistees on payroll, public security
workers and contractual employees in the People’s Police of Vietnam;
e) Persons working in cipher organizations;
g) Officials and public employees who are leaders
or managers in the agencies, organizations and units specified in Clause 1,
Clause 2, Clause 3 and Clause 5 of Article 1 hereof, and voluntarily resign to
enable restructuring of the number of officials and public employees who are leaders
or managers in accordance with law in restructuring of organizational apparatus
of the political system.
2. Officials, public employees, employees who
receive salaries from the state budget in accordance with law before January
15, 2019 and armed forces who are 5 years or less until their retirement age in
agencies, organizations, units specified in Article 1 hereof that are not
directly affected by restructuring of organizational apparatus but still have
to undergo downsizing, restructuring, improvement of the quality of officials,
and public employees:
3. The persons on payrolls and receiving salaries
from the state budget in associations assigned by the CPV and State at the
central, provincial and district levels who are directly affected by the restructuring,
merger, consolidation of organizational apparatus.
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3. Amendment to clause 6 of Article 5:
“6. Current monthly salary means the salary of the
month immediately before resignation, 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) and the salary retention
differential coefficient (if any) according to the law on salaries”.
4. Amendment to the heading of Article 6:
“Article 6. Criteria for assessing officials,
public employees, and employees for restructuring of organizational apparatus,
downsizing and restructuring, improvement of quality of officials and
settlement of benefits and policies”.
5. Amendment to the heading and introduction of
Article 7:
“Article 7. Policies for persons who retire
early due to restructuring of organizational apparatus
Subjects specified in Clauses 1 and 3 of Article 2
hereof who retire early are entitled to the following benefits:".
6. Amendments to points a, b and c of clause 2 of
Article 7:
“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:
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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
I attached to Decree No. 135/2020/ND-CP ;
Receiving current 05-month salary for the first 20
years of service .during which compulsory social insurance premiums were paid.
From the 21st year onwards, for each additional year of service during which
compulsory social insurance premiums were paid, receive current 0,5-month
salary.
In cases that have working time of 15 years or more
during which compulsory social insurance premiums were paid and are entitled to
pensions in accordance with laws on social insurance at the time of early
retirement, they shall be entitled to an allowance of current 04-month salary
for the first 15 years of working time; from the 16th year onwards, for each
year during which compulsory social insurance premiums were paid, he/she shall
receive 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 and 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, in addition to
the prescribed retirement policies, 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
years of service .during which compulsory social insurance premiums were paid.
From the 21st year onwards, for each additional year of service during which
compulsory social insurance premiums were paid, receive current 0,5-month
salary.
In cases that have working time of 15 years or more
during which compulsory social insurance premiums were paid and are entitled to
pensions in accordance with laws on social insurance at the time of early
retirement, they shall be entitled to current 04-month salary for the first 15
years of working time; from the 16th year onwards, for each year during which
compulsory social insurance premiums were paid, he/she shall be entitled to
current 0,5-month salary.
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Not being subject to a reduction in the pension
percentage due to early retirement.
Receiving an allowance of 05-month current 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 ;
Receiving current 05-month salary for the first 20
years of service .during which compulsory social insurance premiums were paid.
From the 21st year onwards, for each additional year of service during which
compulsory social insurance premiums were paid, receive current 0,5-month
salary.
In cases that have working time of 15 years or more
during which compulsory social insurance premiums were paid and are entitled to
pensions in accordance with laws on social insurance at the time of early
retirement, they shall be entitled to current 04-month salary for the first 15
years of working time; from the 16th year onwards, for each year during which
compulsory social insurance premiums were paid, he/she shall be entitled to
current 0,5-month salary”.
7. Addition of Article 7a:
“Article 7a. Policies for persons who
retire early due to restructuring of downsizing, restructuring and improvement
of quality of officials, public employees
Subjects specified in Clause 2 of Article 2 hereof
who retire early are entitled benefits specified in clause 2 of Article 7
hereof. They are also entitled to lump-sum retirement allowance for the early
retirement period:
1. For persons retiring within the first 12 months
from March 15, 2024, they shall be entitled to a lump-sum retirement allowance
equal to current 01-month salary multiplied by the number of early retirement
months compared to the retirement age specified in Appendices I and II of
Decree 135/2020/ND-CP ;
2. For persons retiring from the 13th month onwards
from March 15, 2024, they will receive 0,5 times the allowance specified in
clause 1 of this Article.”.
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“Article 7b. Early retirement policies for
executive officials not meeting/meeting the age requirements for re-election,
re-appointment
Subjects specified in Clause 4 of Article 2 hereof
who retire early are entitled benefits specified in clause 2 of Article 7
hereof. They shall also be entitled to a lump-sum retirement allowance equal to
current 01-month salary multiplied by the number of early retirement months
compared to the retirement age specified in Appendices I and II of Decree
135/2020/ND-CP .
9. Amendment to the heading and introduction of Article
9:
“Article 9. Resignament policies for officials
and persons working in associations specified in points a, b and g of clause 1
and clause 3 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 Articles 7, 7a, 7b hereof, they shall be entitled to the following
benefits upon termination:”.
10. Amendment to the heading and introduction of
Article 10:
“Article 10. Resignation policies for public
employees and employees specified in points a, c, and g 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, 7a, and 7b hereof, they shall be entitled to
the following benefits upon termination:”.
11. Amendment to Article 11:
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Officials, public employees who are no longer
leaders, managers or transferred to lower-ranks, or re-elected, re-appointed as
leaders, managers but with lower position allowance due to restructuring of
organizational apparatus shall keep their salary or leadership allowance 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.
12. Amendment to the heading of clause 2 of Article
12:
“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 shall be
entitled to the following benefits:
13. Amendment to the heading Article 15 and clause
1 of Article 15:
“Article 15. Benefits and policies for armed
forces
1. Subjects specified in points a, d, dd, e, and g
of Clause 1 of Article 2 hereof that are armed forces shall be entitled to
policies specified in Articles 7, 7a, 7b, 8, 9, 10, 11, and 14 hereof”.
14. Amendment to point a of clause 2 of Article 16:
“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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For public service providers self-covering
recurrent expenditures commissioned by the State through service prices but the
service prices do not include all the constituent elements to settle benefits
and policies, the funds for settlement of benefits and policies shall be
supplemented by the State budget.
15. Addition of clause 5 and clause 6 to Article
16:
“5. For persons on payrolls and receiving salaries
from the state budget in associations assigned by the CPV and State at the
central, provincial and district levels who are directly affected by the
restructuring, merger, consolidation of organizational apparatus: The
settlement of policies, benefits shall be funded by the state budget.
6. For administrative organizations that end the
implementation of particular financial mechanisms like public service providers
from January 1, 2025, the source of sources for benefit and policy settlement
will be provided by the state budget.
16. Amendment to Article 17:
“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 and specific assessment
criteria in accordance with guidance of competent authorities, the head of the
agency, organization, or unit shall seek collective opinions of the leadership
of the CPV agencies 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 and review voluntary
resignation forms of officials, public employees, and employees; determine
individuals subject to termination due to restructuring and are entitled to
benefits, policies specified herein for restructuring of organizational
apparatus, downsizing, reorganization, and improvement of the quality of the
officials and public employees and efficiency and effectiveness in operation;
prepare and submit a list and estimate of the amount of money to implement the
policy for each case to competent authority for review and approval.
3. Upon approval by the competent authority, timely
make payment of benefits, policies for officials and public employees in
accordance with law”.
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18. Addition of clause 3 to Article 24:
"3. The regulations on receiving current
05-month salary for the first 20 working and current 0,5-month salary for each
working year from the 21st year onwards specified in Points a, b and c of
Clause 2 of Article 7 hereof shall be effective until before the effective date
of the Law on Social Insurance 2024.
The regulations on receiving current 04-month
salary for the first 15 working and current 0,5-month salary for each working
year from the 16th year onwards specified in Points a, b and c of Clause 2 of
Article 7 hereof shall be apply to commune-level female officials from January
01, 2025”.
19. Amendment to Article 25:
“Article 25. Transitional provisions
1. Cases pending on settlement of benefits and
policies due to the organizational restructuring of district-level,
commune-level administrative apparatus and divisions in accordance with 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 benefit and policy
settlement.
2. For cases pending on settlement of benefits and
policies due to the restructuring of district-level, commune-level
administrative divisions that already have competent authorities to settle such
benefits and policies in accordance with Decree No. 29/2023/ND-CP , if the
termination time is after January 01, 2025, they shall be entitled to benefits
and policies specified herein.
3. For cases specified in clause 4 of Article 2
hereof that already have competent authorities to settle the benefits and
policies in accordance with Decree No. 177/2024/ND-CP, if such benefits and
policies are lower than the policies and regimes prescribed herein, they shall
be entitled to benefits and policies specified herein.
4. For cases that already have competent
authorities to settle the benefits and policies in accordance with Decree No.
178/2024/ND-CP , if such benefits and policies are lower than the policies and
regimes prescribed herein, they shall be granted additional benefits and
policies in accordance with benefits and policies specified herein.
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6. For cases already settled by competent
authorities for additional support policies from local government budget in
accordance with Clause 6 of Article 19 of Decree No. 178/2024/ND-CP before
March 15, 2025, they shall still receive this additional support policy”.
Article 2. Effect
This Decree comes into force from the date on which
it is signed.
Article 3. Responsibility for
implementation
1. The Central Organization Commission, People's
Aspirations and Supervision 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, units and
individuals are responsible for the implementation of this Decree./.
ON BEHALF OF
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh
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