Decree No. 67/2025/ND-CP dated March 15, 2025 on amending Decree No. 178/2024/ND-CP on benefits and policies for officials, public employees, employees, and armed forces in restructuring of administrative apparatus of the political system
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THE GOVERNMENT
OF VIETNAM |
THE SOCIALIST
REPUBLIC OF VIETNAM |
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No: 67/2025/ND-CP |
Hanoi, March 15, 2025 |
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;
Pursuant to the Law on professional servicemen and women, national defense workers and officials dated November 26, 2015;
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
This Decree provides for benefits, policies which include: Benefits and policies for people who retire early, resign or are terminated; benefits for people who are elected or appointed to positions with position allowance lower than the current position, resign from positions of leader, manager; incentive policies to increase secondment of officials and public employees 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 (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:
Article 2. Regulated entities
1. Officials, public employees, employees working under employment contracts in agencies, organizations, units specified in Article 1 hereof and armed forces directly affected by the restructuring of organizational apparatus, administrative units at all levels (hereinafter referred to as restructuring of administrative apparatus) include:
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.
4. (i) Executive officials not meeting the age requirements for re-election, re-appointment specified in Clauses 1, 2 and 3 of Article 2 of Decree No. 177/2024/ND-CP dated December 31, 2024 of the Government on policies and benefits for cases of non-re-election or re-appointment; (ii) executive officials who meet the age requirements for re-election and re-appointment to the same-level CPV agencies, whose remaining working time from the date of the congress organization is from 2.5 years (30 months) to 05 years (60 months) until reaching the retirement age prescribed in Clause 4 of Article 2 of Decree No. 177/2024/ND-CP and (iii) executive officials with 05 years (60 months) or less until retirement age who are participating in CPV agencies in Party Committees but must end their participant: that voluntarily retire early to enable restructuring of CPV agencies’ personnel in Party Congresses at all levels leading up to the 14th National Congress of the Party and are approved by competent authorities".
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:
If their age is 02 years to 05 years under 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 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.
c) If their age is lower by 02 years to 05 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, 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 Government’s agencies in charge of state management of labor, 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 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.”.
8. Addition of Article 7b:
“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:
“Article 11. Policies for 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
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.
If public service providers do not have enough funding to settle benefits and policies, they can use funds established according to regulations of public service providers to settle benefits and policies.
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”.
17. Clause 6 of Article 19 is annulled and Clause 7 of Article 19 shall become Clause 6 of Article 19.
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.
5. For cases of restructuring of organizational apparatus or changes in organization or organizational chart or the payroll that subject to early retirement decided by the competent authority before January 1, 2025 in accordance with the Government's regulations guiding the implementation of the Law on Officers of the Vietnam People's Army, the Law on professional servicemen and women, national defense workers and officials and the Law on Cipher, but by January 1, 2025 the competent authority has not yet issued a decision to settle the benefits and policies, the benefits and policies prescribed in this Decree shall be applied.
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./.
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