The Ministry of Home Affairs has issued Document 5607/BNV-VP in response to the proposal of the Dak Lak Provincial Department of Home Affairs to guide a number of difficulties and problems in implementing the 2-level local government organization model.
Including content related to the application of regulations on retirement, leave, and settlement of policies according to Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).
According to the Department of Home Affairs of Dak Lak province, in Section 1 of Official Letter 4177/BNV-TCBC, if the number of positions assigned by competent authorities is not fully utilized, will they be considered for retirement or severance pay?
For agencies and units implementing organizational restructuring, the staffing framework is determined according to the total staffing assigned to the unit agency, or specifically at the department or committee directly responsible for the arrangement?
For civil servants and public employees who are leaders and managers working in departments and units directly affected by the organizational arrangement, if the agency or unit has not yet fully utilized the number of positions assigned by competent authorities but the number of current leaders is higher than the regulations, will it be considered for early retirement, resignation to enjoy the regime according to Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) or not?
Regarding this issue, the Ministry of Home Affairs said that at point c, clause 5, document No. 4177/BNV-TCBC of the Ministry of Home Affairs guiding the implementation of Decree No. 178/2024 and Decree No. 67/2025, determining the number of positions present lower than the staffing framework according to regulations to review and resolve the regime and policies only apply to the commune level after the arrangement and consolidation.
This is to ensure sufficient resources to carry out tasks assigned to the new commune level after implementing the 2-level local government model.
Therefore, for the cases mentioned in Clause 1 of Document No. 4177/BNV-TCBC, working at units that have not yet used up all the staff assigned by competent authorities, it is recommended that the Dak Lak Department of Home Affairs study and implement in accordance with the above regulations.
At the same time, provide guidance on the staffing framework of commune-level authorities in Document No. 09 of the Steering Committee for the arrangement of administrative units at all levels and build a model for the organization of local government at both levels of the Government on the orientation for temporary staffing when implementing the arrangement of administrative units and local government organizations at both levels.
In addition, based on the provisions of Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) and the instructions of the Ministry of Home Affairs at Point b, Section 3, Part II of Document No. 1814/BNV-TCBC of the Ministry of Home Affairs, for subjects who are civil servants, public employees leading and managing work at agencies and units directly affected by the organizational arrangement, but the total number of cadres, civil servants, and public employees at the same level is higher than the regulations, they are eligible to consider resolving the regime and policies according to regulations.
