Kinhtedothi-According to the Ministry of Home Affairs, the review shows that adding the "salary retention difference coefficient (if any) according to the law on wages" to the current monthly salary to calculate policies and regimes is necessary to ensure the rights of cadres, civil servants and employees when they leave their jobs.
Amend and supplement 3 groups of applicable subjects
The Ministry of Home Affairs has completed the draft Decree amending and supplementing a number of articles of Decree No. 178/2024/ND-CP on policies and regimes for cadres, civil servants, public employees and workers (CBCCVC, NLĐ) in implementing the organizational arrangement of the political system, including adding 3 groups of beneficiaries of early retirement policies.
According to the Ministry of Home Affairs, the Ministry has 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. Up to now, the Politburo has agreed to adjust the scope and subjects of application of policies and regimes for civil servants, public employees and armed forces (LLVT) in implementing the organizational arrangement of the political system in Conclusion No. 75-TB/TW dated March 7, 2025.
Accordingly, the draft Decree has been amended and supplemented to clarify the agencies, organizations and units within the scope of regulation, specifically including: administrative organizations of agencies and organizations from the Central to district levels that directly implement the arrangement of the apparatus or do not directly implement the arrangement of the apparatus but implement the streamlining of the payroll and restructuring, improving the quality of civil servants; public service units (PSUs) under the organizational structure of the advisory and support agencies of the Central Executive Committee, the Politburo, the Secretariat; of ministries, branches and agencies at the Central level; under the People's Committees at the provincial level and specialized agencies under the People's Committees at the provincial level, under the People's Committees at the district level that do not directly implement the arrangement of the apparatus but implement the streamlining of the payroll and restructuring, improving the quality of civil servants; agencies, organizations, units and commune-level civil servants due to the arrangement of 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.
In particular, the draft Decree expands and adds 3 subjects of application: First , civil servants, public employees, contract workers receiving salaries from the state budget (NSNN) according to the provisions of the labor law before January 15, 2019 and military personnel from 5 years old or younger to retirement age in agencies, organizations and units specified in Article 1 of this Decree are not directly affected by the arrangement of the organizational apparatus but must implement streamlining of payroll, restructuring, and improving the quality of civil servants.
Second , 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.
Third , cadres who are not old enough to be re-elected or re-appointed as prescribed in Clauses 1, 2 and 3, Article 2 of Decree No. 177/2024/ND-CP dated December 31, 2024, 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 starts 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 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 restructuring of leadership and management to ensure the number is in accordance with the law and create conditions for young cadres to have the opportunity to develop, the Ministry of Home Affairs proposes to add the regulation: "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 restructuring of the apparatus of the political system".
Local support up to 30% more
Notably in this draft, regarding determining current salary to calculate policies and regimes, the Ministry of Home Affairs said that through review, it was found that adding "salary reserve difference coefficient (if any) according to the law on salary" to the current monthly salary to calculate policies and regimes is necessary, in order to ensure the rights of civil servants, public employees and employees when they leave their jobs.
Regarding the amendment and supplementation of funding sources, according to this agency, there are currently some difficulties in the implementation process. That is, the public service units self-insure regular expenses ordered by the State through service prices, but the service prices do not include all the constituent elements to resolve policies and regimes as prescribed in this Decree for civil servants, so it cannot be implemented from the unit's revenue to resolve policies and regimes. Administrative organizations are allowed to implement special financial mechanisms such as public service units self-insure regular expenses until December 31, 2024, so from January 1, 2025, the special mechanism will end, so there will be no funding source to implement policies and regimes.
In addition, Conclusion No. 75-KL/TW added that the associations assigned tasks by the Party and the State at the Central and local levels are within the scope of regulation; in Decree 126/2024/ND-CP dated October 8, 2024, which stipulates the organization and operation of the Association, 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 policies and regimes for the above cases (amended and supplemented Point a, Clause 2, supplemented Clauses 5 and 6, Article 16).
Regarding amendments and supplements to local additional support policies, some localities have issued Resolutions of the Provincial People's Council on additional support policies for subjects that have been resolved according to the provisions of this Decree with support levels that are too different (some provinces support 100%, some provinces support 10%, some provinces support with an absolute maximum amount of 300 million VND/person...).
Therefore, to ensure the correlation of policies and regimes between the Central and local levels, and between localities, this draft Decree proposes to stipulate the maximum additional support policy of localities at 30%.
Source: https://kinhtedothi.vn/de-xuat-bo-sung-doi-tuong-huong-chinh-sach-nghi-huu-truoc-tuoi-do-sap-xep-bo-may.html
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