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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 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 shall be eligible to receive the same benefits as
officials (hereinafter referred to as “employees”);
d) Commissioned officers, professional servicemen,
national defense workers and official 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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8. Ministries, departments, central authorities, and
provincial-level organizations, must assign approximately 5% of officials,
public employees on their payroll to work at the grassroots-level divisions.
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 under 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
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4. If the time used to calculate allowance by early
retirement period specified in points a, b, and c of Article 7 of this Decree
is not full year(s), it shall be rounded up as follows: from 01 month to
less than 06 months is considered as 0,5 years; from over 06 months to less
than 12 months is considered as 1 year.
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 monthly salary
includes: the salary based on pay grade, pay step, 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; 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, and armed forces 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.
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BENEFITS AND POLICIES
Article 7. Early retirement
policies
Subjects eligible for early retirement specified in
Clause 1 of Article 2 hereof 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.0}
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:
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Not being subject to a reduction in the pension
percentage due to early retirement.
Receiving 05-month current monthly 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 05-month current monthly 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, receive an allowance of
0.5-month allowance of the current monthly 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 04-month current monthly 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 05-month current monthly 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, receive an allowance of
0.5-month allowance of the current monthly 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.
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Receiving 05-month current monthly 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, receive an allowance of
0.5-month allowance of the current monthly salary.
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:
1. Being entitled to severance allowance:
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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 1,5-month current monthly 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 03-month current monthly salary for
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:
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.
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3. Reserving social insurance premium payment
period or receiving lump-sum social insurance in accordance with the law on
social insurance.
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.
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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.
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:
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.
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3. The policies prescribed in Point a, Point b and
Point c of Clause 1 and Point a, Point b and Point c of Clause 2 of this
Article shall be paid by the sending agency, organization or unit.
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/ND-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.
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1. Subjects specified in points d, dd, and e of
Clause 1, Article 2 hereof shall be entitled to policies as for officials,
public employees, and employees working under employment contract specified in
Articles 7, 8, 9, 10, 11, and 14 hereof.
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:
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b) Public service providers of which part of
recurrent expenses is covered by state budget: The settlement of policies,
benefits shall be funded by revenues of operation of providers, the state
budget and other lawful sources. The state budget shall allocate funds for
settlement of policies, benefits for the number of people receiving salaries
from the state budget as authorized.
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 same-level
government 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.
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4. Upon approval by the competent authority, timely
make payment of benefits, policies for officials and public employees in
accordance with law.
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
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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, 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.
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Article 21. Responsibilities
of the Ministry of Finance
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
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2. Beneficiaries of the policies specified in
Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government on downsizing
before January 1, 2025, shall not be entitled to the benefits and policies
specified herein.
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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ON BEHALF OF
GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh