Answering readers of Lao Dong Newspaper, Lawyer Diep Nang Binh - Head of Tinh Thong Law Office (Ho Chi Minh City Bar Association) said: According to Clause 3, Article 4 of Resolution 37/2026/NQ-CP and guidance in Official Dispatch 8617/BNV-TCBC dated August 10, 2026 of the Ministry of Home Affairs, after the arrangement of management teams into new educational institutions has been implemented, for redundant leaders and managers who wish to resign, the streamlining policy will be resolved according to Decree 154/2025/ND-CP.
The settlement is carried out according to the authority of the civil servant management agency, not decided by the principal himself.
Regarding procedures, people wishing to retire need to submit an application for early retirement according to the streamlining policy, and send it to the agency or unit managing the public employee.
The management agency will review the conditions on age, social insurance contribution time, job position and surplus situation after arrangement; prepare dossiers and lists of requests for policy settlement and submit them to competent agencies managing public employees for consideration and decision.
After having a retirement decision and a decision to enjoy streamlined policies, the agency using civil servants coordinates with the social insurance agency to carry out procedures for that person to receive a pension according to regulations.
One point to emphasize is that the principal's wishes are only a basis for competent authorities to consider, not just having a petition and naturally being able to retire early according to policy. Retirement must be linked to the arrangement plan, determining surplus and meeting the conditions for enjoying policies.
The Ministry of Home Affairs currently also requires localities to identify cases of redundant according to Resolution 37 to quit their jobs in accordance with regulations; for this group, the latest time to quit their jobs is instructed to be September 30, 2026.
Regarding the authority to resolve, based on Article 1, Section III of Official Dispatch No. 8617/BNV-TCBC of the Ministry of Home Affairs on resolving policies for leaders, managers and educational support personnel at educational institutions; the adjustment and management of dossiers and archived documents when arranging educational institutions, the Provincial People's Committee is responsible for directing the implementation of resolving the policy of streamlining staff for leaders, managers and educational support personnel in accordance with the provisions of Decree No. 154/2025/ND-CP, Resolution No. 37/2026/NQ-CP and guidance in Section I of this Document.
