Streamlining the apparatus, the Ministry of Home Affairs proposed to expand the beneficiaries of the early retirement policy, amend Decree No. 178

According to the Ministry of Home Affairs, in the process of implementing Decree No. 178/2024/ND-CP, the Ministry of Home Affairs has received many comments and proposals from ministries, branches, and agencies at the central and local levels related to the scope and subjects of Decree No. 178.

On that basis, the Ministry of Home Affairs reported to the Government Party Committee with Submission No. 08-TTr/DU, dated February 13, 2025, reporting to the Politburo to expand the scope and subjects of application of Decree No. 178.

To date, the Politburo has agreed to adjust the scope and subjects of application of policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system in Conclusion No. 75-TB/TW dated March 7, 2025.

With a sense of urgency, the Ministry of Home Affairs has completed the draft Decree amending and supplementing a number of articles of Decree No. 178 to institutionalize the Politburo's policy and to unify the implementation process.

Clearly identify the organizations and units within the scope of regulation.

Accordingly, the draft decree has been amended and supplemented to clarify the agencies, organizations and units within the scope of regulation, specifically as follows:

- Administrative organizations of agencies and organizations from the central to district levels directly carry out organizational restructuring or do not directly carry out organizational restructuring but carry out staff streamlining and restructuring, improving the quality of cadres and civil servants.

- Public service units under the organizational structure of advisory and support agencies of the Central Executive Committee, the Politburo, the Secretariat; of ministries, branches, and central agencies; of provincial People's Committees and specialized agencies under provincial People's Committees and district People's Committees do not directly carry out organizational restructuring but carry out staff streamlining and restructuring, improving the quality of civil servants.

- Agencies, organizations, units and commune-level cadres and civil servants are arranged according to administrative units at all levels.

- The associations are assigned tasks by the Party and State from the Central to the district level to directly carry out the arrangement, consolidation and merger of organizational apparatus.

Add applicable objects

Regarding amendments and supplements to the subjects of application, the draft decree expands and supplements the subjects of application, including:

- Cadres, civil servants, public employees, contract workers receiving salaries from the state budget according to the provisions of the labor law before January 15, 2019 and armed forces from 5 years old and under to retirement age in agencies, organizations and units specified in Article 1 of this Decree are not directly affected by the organizational arrangement but must implement staff streamlining, restructuring, and improving the quality of cadres, civil servants and public employees.

- People working within the payroll quota and receiving salaries from the state budget at associations assigned tasks by the Party and State at the central and local levels due to the direct impact of the implementation of arrangement, consolidation and merger.

- Cadres who are not old enough to be re-elected or re-appointed as prescribed in Clause 1, Clause 2 and Clause 3, Article 2 of Decree No. 177/2024/ND-CP dated December 31, 2024 of the Government stipulating the regime and policies for cases of non-re-election or re-appointment; Cadres who meet the age requirements for re-election or reappointment to the same-level Party Committee, whose working time from the date of the congress is from 2.5 years (30 months) to 5 years (60 months) until reaching the retirement age prescribed in Clause 4, Article 2 of Decree No. 177/2024/ND-CP and cadres who are participating in Party Committees in Party Committees that must end their activities and consolidate their organizational apparatus, who have 5 years (60 months) or less until retirement age, and wish to retire early to create conditions for arranging Party Committee personnel in Party Congresses at all levels leading up to the 14th National Congress of the Party and are approved by competent authorities, shall be subject to the early retirement policy prescribed in Article 7 of this Decree; they shall not enjoy the policy prescribed in Decree No. 177/2024/ND-CP.

Also according to the Ministry of Home Affairs, in the process of restructuring the apparatus, especially the merged and consolidated agencies, the number of leaders and managers of the agencies after restructuring is much higher than the regulations.

Therefore, to facilitate the arrangement of leaders and managers to ensure the number in accordance with the provisions of law and create conditions for young cadres to have opportunities to develop, the Ministry of Home Affairs proposes to add the following provision: "Civil servants, leaders and managers in agencies, organizations and units under the organizational structure of the agencies specified in Clause 1, Article 1 of this Decree who wish to retire before the age to create favorable conditions for the implementation of the arrangement of the apparatus of the political system".

How to determine current salary

Regarding determining current salary to calculate policies and regimes, the Ministry of Home Affairs said that after reviewing, it is necessary to add "salary retention difference coefficient (if any) according to regulations of law on salary" to the current monthly salary to calculate policies and regimes to ensure the rights of cadres, civil servants, public employees and workers when they leave work.

Regarding amendments and supplements to funding sources, according to the Ministry of Home Affairs, currently, in the implementation process, there are problems such as: Public service units self-insure regular expenses ordered by the State through service prices, but service prices do not include enough constituent elements to resolve policies and regimes as prescribed in this Decree for civil servants, so taking from the unit's revenue to resolve policies and regimes cannot be implemented.

Administrative organizations are subject to a special financial mechanism such as public service units that self-insure regular expenditures until December 31, 2024. Therefore, from January 1, 2025, the special mechanism will end, so there will be no funding source to implement policies and regimes.

According to Conclusion No. 75-KL/TW, the associations assigned by the Party and State at the central and local levels are included in the scope of regulation; at the same time, in Decree 126/2024/ND-CP dated October 8, 2024 of the Government regulating the organization and operation of associations, the funding source for resolving policies for those working within the payroll quota assigned by competent authorities at the above associations is provided by the state budget.

For the above reasons, the draft decree has amended and supplemented the state budget to pay for policies and regimes for the above cases (amended and supplemented point a, clause 2, supplemented clauses 5 and 6, article 16).