On January 17, 2025, Minister of Home Affairs Pham Thi Thanh Tra signed and issued Circular No. 01/2025/TT-BNV guiding the implementation of policies and regulations for officials, civil servants, public employees, and workers in the restructuring of the political system's organizational apparatus.
Illustrative image. Source: Internet.
Accordingly, this Circular provides guidance on the implementation of policies and regulations for officials, civil servants, public employees, and workers in agencies, organizations, and units as stipulated in Article 1 of Decree No. 178/2024/ND-CP during the process of reorganizing the organizational structure and administrative units at all levels of the political system, including: how to determine the time and monthly salary for calculating entitlement to policies and regulations; how to calculate entitlement to policies for those retiring early; how to calculate severance pay for officials, civil servants, and commune-level officials and civil servants; how to calculate severance pay for public employees and workers; and the implementation of policies for training and professional development of officials, civil servants, and public employees after reorganization.
The applicable subjects are officials, civil servants, and public employees; commune-level officials and civil servants; and workers as specified in points a, b, and c of Clause 1, Article 2 of Decree No. 178/2024/NĐ-CP.
How to determine the timing and monthly salary for calculating eligibility for policies and benefits.
The circular provides specific guidance on how to determine the time and monthly salary for calculating eligibility for policies and benefits as follows:
1. The time of decision on organizational restructuring by the competent authority is the time when the document issued by the competent agency of the Party, State, or socio-political organization regarding organizational restructuring and administrative unit restructuring takes effect.
a) Within 12 months from the date specified above, officials, civil servants, public employees, and workers who are dismissed from their jobs (early retirement or termination of employment) by a competent authority shall be entitled to benefits and entitlements according to the regulations for the first 12 months.
b) After the period specified in point a of this clause, the entitlement to policies and benefits will be calculated according to the regulations for the 13th month onwards.
2. The current monthly salary as stipulated in Clause 6, Article 5 of Decree No. 178/2024/ND-CP shall be used to calculate policies and benefits upon termination of employment as follows:
a) For those receiving salaries according to the salary scale prescribed by the State
Current monthly salary includes: Salary level according to rank, position, title, professional title and salary allowances (including: Leadership position allowance; seniority allowance exceeding the framework; seniority allowance; preferential allowance according to profession; responsibility allowance according to profession; public service allowance; allowance for party work, political and social organizations, if any), specifically:
The base salary used to calculate the current monthly salary mentioned above is the base salary stipulated by the Government in the month immediately preceding the month of termination of employment.
b) For employees whose salaries are paid in cash as agreed upon in their employment contract, their current monthly salary is the monthly salary stated in the employment contract.
3. The number of months for early retirement is the number of months calculated from the retirement date as decided by the competent authority compared to the retirement age stipulated in Appendix I or Appendix II issued with Government Decree No. 135/2020/ND-CP dated November 18, 2020, on retirement age.
4. The number of years for early retirement is the number of years calculated from the retirement date as decided by the competent authority compared to the retirement age stipulated in Appendix I or Appendix II issued with Decree No. 135/2020/ND-CP, calculated according to the provisions of Clause 4, Article 5 of Decree No. 178/2024/ND-CP.
5. The period for calculating benefits based on the number of years of service with mandatory social insurance contributions is determined according to the provisions of Clause 3, Article 5 of Decree No. 178/2024/NĐ-CP.
How to calculate eligibility for early retirement benefits.
Individuals specified in Article 2 of this Circular who meet the eligibility requirements and are granted early retirement by a competent authority, compared to the retirement age stipulated in Appendix I or Appendix II issued with Decree No. 135/2020/ND-CP, shall immediately receive a pension in accordance with the law on social insurance without any reduction in pension rate due to early retirement; and shall also receive a one-time retirement allowance as stipulated in Clause 1, Article 7 of Decree No. 178/2024/ND-CP; an allowance based on the number of years of early retirement; and an allowance based on the length of service with compulsory social insurance contributions as stipulated in Clause 2, Article 7 of Decree No. 178/2024/ND-CP, specifically as follows:
1. For individuals with between 2 and 5 years remaining until the retirement age as stipulated in points a and c, Clause 2, Article 7 of Decree No. 178/2024/ND-CP, they are entitled to the following three allowances:
a) One-time retirement benefit for the number of months of early retirement:
b) Allowance for early retirement years: For each year of early retirement (12 months), the recipient will receive 5 months' current salary.
c) Allowance based on length of service with mandatory social insurance contributions:
For the first 20 years of work with compulsory social insurance, a subsidy of 5 months of current salary is provided; for the remaining years (from the 21st year onwards), each year a subsidy equal to 0.5 months of current salary is provided.
2. For individuals with more than 5 years but at least 10 years remaining until the retirement age stipulated in point b, clause 2, Article 7 of Decree No. 178/2024/ND-CP, they are entitled to the following three allowances:
a) One-time retirement benefit for the number of months of early retirement:
b) Allowance for early retirement years: For each year of early retirement (12 months), the employee will receive 4 months' current salary.
c) Allowance based on length of service with mandatory social insurance contributions:
For the first 20 years of work with compulsory social insurance, a subsidy of 5 months of current salary is provided; for the remaining years (from the 21st year onwards), each year a subsidy equal to 0.5 months of current salary is provided.
3. In cases where the remaining age is less than 2 years from the retirement age stipulated in points d and e of Clause 2, Article 7 of Decree No. 178/2024/ND-CP, the individual is entitled to a one-time retirement allowance for the number of months of early retirement, calculated in the same way as those retiring within the first 12 months as stipulated in point a of Clause 1 of this Article.
How to calculate severance pay benefits for officials, civil servants, and commune-level officials and civil servants.
Officials and civil servants at the commune level as stipulated in Article 2 of this Circular, who are granted leave of absence by the competent authority, shall have their social insurance contribution period preserved or receive a lump-sum social insurance payment in accordance with the law on social insurance as prescribed in Clause 3, Article 9 of Decree No. 178/2024/ND-CP; and shall also receive the three allowances prescribed in Clauses 1, 2, and 4, Article 9 of Decree No. 178/2024/ND-CP as follows:
1. Severance pay:
For employees who resign within the first 12 months:
For employees who resign from the 13th month onwards:
2. An allowance equivalent to 1.5 months of current salary for each year of service with mandatory social insurance contributions:
3. Allowance equivalent to 3 months of current salary while searching for a new job:
How to calculate severance pay for civil servants and employees
Officials and employees specified in Article 2 of this Circular who are granted leave of absence by competent authorities shall have their social insurance contribution period preserved or receive a lump-sum social insurance payment in accordance with the law on social insurance as stipulated in Clause 3, Article 10 of Decree No. 178/2024/ND-CP; and shall also be entitled to the three policies stipulated in Clauses 1, 2, and 4, Article 10 of Decree No. 178/2024/ND-CP as follows:
1. Severance pay:
2. An allowance equivalent to 1.5 months of current salary for each year of service with mandatory social insurance contributions:
3. Entitled to unemployment insurance benefits as guided by Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, issued by the Minister of Labor, War Invalids and Social Affairs, guiding the implementation of Article 52 of the Employment Law and some articles of Decree No. 28/2015/ND-CP dated March 12, 2015, of the Government detailing the implementation of some articles of the Employment Law on unemployment insurance (amended and supplemented by Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023).
Regarding training and professional development for officials, civil servants, and public employees after restructuring.
Based on their functions and responsibilities, the heads of agencies, organizations, and units directly managing and employing cadres, civil servants, and public employees shall review and assess the current situation and determine the training and development needs for the restructured positions of cadres, civil servants, and public employees under their management. Based on this, they shall develop a training and development plan for the cadre, civil servant, and public employee workforce for 2025 and the 2026-2030 period, focusing on 2025 to ensure that the restructured workforce fundamentally meets the requirements and tasks of their respective job positions.
This Circular takes effect from the date of signing. The policies and regulations stipulated in this Circular shall be effective from January 1, 2025.
In accordance with Clause 2, Article 24 of Decree No. 178/2024/ND-CP, those who have already benefited from the policies stipulated in Government Decree No. 29/2023/ND-CP dated June 3, 2023, on downsizing the workforce before January 1, 2025, are not entitled to the policies and benefits stipulated in this Circular.
Agencies, organizations and units in the process of implementing organizational restructuring, streamlining staff, and restructuring and improving the quality of cadres, civil servants and public employees implementing the policy of resignation are responsible for implementing it synchronously with the policy for cadres, civil servants and public employees to increase their business trips to the grassroots; the policy of using people with outstanding qualities and abilities (including amending the regulations on considering early salary increases due to excellent achievements in performing the tasks of the agency, organization or unit must give the highest priority to those who are assessed to have outstanding qualities and abilities to have their salaries increased by one level) and the policy of training and fostering cadres, civil servants and public employees after the arrangement.
Article 2. Scope of Application 1. Officials, civil servants, public employees, and those working under labor contracts in agencies, organizations, units, and armed forces due to the reorganization of administrative structures and units at all levels (hereinafter referred to as organizational restructuring) as stipulated in Article 1 of this Decree, including: a) Leaders, managers, and other officials and employees; b) Commune-level officials and civil servants; c) Persons working under labor contracts as prescribed by labor law before January 15, 2019, and persons working under labor contracts who are subject to policies similar to those for civil servants (hereinafter referred to as employees); (Decree No. 178/2024/ND-CP) |
Please see the full text of Circular No. 01/2025/TT-BNV in the attached file :
Source: https://moha.gov.vn/tintuc/Pages/danh-list-of-featured-news.aspx?ItemID=56803
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