Decree No. 178/2024/ND-CP dated December 31, 2024 on benefits and policies for officials, public employees, employees, and armed forces in restructuring of organizational apparatus of the political system
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THE
GOVERNMENT OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIETNAM |
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No: 178/2024/ND-CP |
Hanoi, December 31, 2024 |
DECREE
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;
Pursuant to the Law on professional servicemen and women, national defense workers and officials dated November 26, 2015;
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
GENERAL PROVISIONS
This Decree provides for benefits, policies which include: Benefits for people who retire, resign or are terminated; benefits for people who resign from positions of or are elected or appointed to lower positions; benefits to increase secondment at grassroots-level divisions; policies for recruiting people with outstanding qualities and abilities; policies for training and refresher training to improve the qualifications of officials and public employees after restructuring; responsibilities for implementing benefits and policies for officials, public employees, and employees in agencies, organizations and units of the Communist Party of Vietnam, State, Vietnam Fatherland Front, socio-political organizations from central to district levels; commune-level officials; armed forces (including the People's Army, People's Public Security and cipher organization) in the process of restructuring of organizational apparatus and administrative units at all levels of the political system, including:
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.
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;
d) Commissioned officers, non-commissioned officers, public security workers and contractual employees who receive salaries from state budget in the People’s Police;
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.
7. An individual qualified for multiple benefits, policies as stipulated in various documents shall only be entitled to the most beneficial benefit, policy.
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.
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 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).
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.
BENEFITS AND POLICIES
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:
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 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 ;
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.
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.
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.
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.
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.
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.
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.
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).
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 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.
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/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.
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
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 .
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.
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.
IMPLEMENTATION CLAUSE
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.
4. Upon approval by the competent authority, timely make payment of benefits, policies for officials and public employees in accordance with law.
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.
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.
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.
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.
1. This Decree comes into force from January 01, 2025.
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.
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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