On December 4, the Ministry of Justice announced a draft Decree stipulating the regime and policies for cadres who are not re-elected or re-elected to hold positions and titles for a term in Party, State, and socio-political organizations and who retire from work.
The draft decree was developed by the Ministry of Home Affairs and is expected to be submitted to the Government for promulgation in the coming time to take effect from January 1, 2025.
Pensioners receive pensions.
Regarding the objective of developing the decree, the Ministry of Home Affairs said that it aims to promptly institutionalize the Party's policies and guidelines; develop appropriate policies to encourage and recognize the work process and contributions of cadres who are not old enough to be re-elected and wish to retire; At the same time, resolve difficulties and shortcomings in the process of organizing and implementing policies, contributing to improving the effectiveness and efficiency of cadre management.
According to the draft, cadres who are not re-elected or re-appointed and have paid compulsory social insurance for 20 years or more, if they voluntarily apply for early retirement and are approved by competent authorities, will be entitled to pension benefits according to the provisions of the law on social insurance and a number of additional benefits.
The regimes include: No deduction of pension rate due to early retirement; subsidy of 5 months of current salary at the time of early retirement for each year of early retirement compared to the retirement age prescribed in the 2019 Labor Code; subsidy of 5 months of average salary for the first 20 years of work, with social insurance payment; from the 21st year onwards, for each year of work with social insurance payment, subsidy of 1/2 month of average salary is provided.
For cadres with salary classification positions, if they have been ranked at salary level 1 of the current position for 48 months, they will be ranked at level 2 of the current position for retirement, the time for salary increase before the deadline is 12 months.
For cadres with professional and technical salaries and receiving leadership position allowances, if they have not yet reached the final salary level in their current grade and are still 1-12 months short of regular salary increase according to regulations, they will be increased 12 months ahead of schedule.
The draft clearly states that the current salary is the actual monthly salary received immediately before retirement. The actual monthly salary is calculated, according to the draft, including: Position salary or salary according to rank or grade; position allowances, seniority allowances exceeding the framework, seniority allowances, salary retention differentials, and responsibility allowances for members at all levels (if any).
Average salary is determined by the average monthly salary received in the last 5 years before retirement.
The draft proposes that the time for implementing the regime and policies for cadres who are not re-elected or re-appointed is before the congress or before the election time, no more than 12 months, and no later than 1 month after the congress or the end of the election.
Also in the draft, the Ministry of Home Affairs proposed a regulation that officials who are not re-elected or re-appointed and have less than 24 months of work left will reach retirement age. If a suitable job position cannot be arranged, they will be allowed to take a leave of absence and wait until they are old enough to retire.
This group of cadres, during the time of taking leave from work waiting for retirement age, will receive the full salary or salary according to the rank, position allowance, seniority allowance exceeding the framework, seniority allowance, salary retention difference, responsibility allowance for members at all levels (if any). Other regimes will cease to be enjoyed from the month following the month of the decision to take leave from work waiting for retirement age.
During the time off work waiting for retirement age, the salary level and rank will not be increased for officials but they will continue to pay social insurance and health insurance according to regulations.
Officials are allowed to use cars regularly while on duty. If they attend meetings, conferences or go to the doctor, they must notify the agency to arrange transportation. If the agency cannot arrange a car, they must take the initiative in finding a means of transportation and will be paid according to regulations.
Also according to the draft, officials waiting to reach retirement age are still under the management authority of the agency where they work, but are not counted in the agency's payroll.
Determining the time of retirement and the time of receiving pension is carried out according to the regulations in the year the cadre reaches retirement age according to regulations.
Also according to the draft prepared by the Ministry of Home Affairs, there are 3 subjects that are not subject to the above regulations.
One is the cadre subject to staff streamlining as prescribed in Decree No. 29/2023 of the Government regulating staff streamlining.
Second, cadres who have received a retirement notice or retirement decision from a competent authority or cadres who have at least 6 months left, calculated from the date of the congress in which the cadre participated in the Party Committee until the retirement date according to regulations.
Third, cadres who are not re-elected to Party committees at all levels (provincial, district, and communal levels) are assigned by competent authorities to continue working as civil servants and public employees in agencies of the Party, State, Vietnam Fatherland Front, and socio-political organizations.
Officers and professional soldiers in agencies and units of the People's Army and the People's Public Security shall apply the regimes and policies according to the decisions of the Minister of National Defense and the Minister of Public Security.
Source: https://vtcnews.vn/de-xuat-chinh-sach-khuyen-khich-can-bo-khong-du-tuoi-tai-cu-nghi-huu-som-ar911406.html
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