termination regime for civil servants born in 1979 when streamlining

HƯƠNG NHA |

The Ministry of Home Affairs responds to the policy of termination of employment for civil servants under the retirement age when streamlining the apparatus.

Reporting to the Ministry of Home Affairs' Electronic Information Portal, Mr. Pham Xuan Sang (character's name has been changed) said that his agency has a female civil servant born in 1979, who has worked and paid social insurance for 21 years.

According to current regulations, this person has 14 years of service before reaching the retirement age. However, this agency is subject to merger.

"Are female civil servants entitled to leave work according to Decree 178/2024/ND-CP of the Government?" - Mr. Sang asked.

Regarding the reflection and recommendation of Mr. Pham Xuan Sang, the Ministry of Home Affairs has responded.

The Ministry of Home Affairs said that the content of Mr. Pham Xuan Sang's petition did not have enough information to answer. However, in Decree No. 178/2024/ND-CP dated December 31, 2024 of the Government on policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the reorganization of the apparatus of the political system, the heads of agencies, organizations, units and the People's Committees and Chairmen of the Provincial People's Committees have been assigned to determine the subjects for approval.

Therefore, the Ministry of Home Affairs has requested Mr. Pham Xuan Sang to provide full information of the individual to be questioned, send it to the local authorities and competent authorities for answers according to regulations.

Meanwhile, Decree 178/2024 clearly states: The policy on resignation for cadres and civil servants is stipulated in Point a and Point b, Clause 1, Article 2 of this Decree.

Cadres and civil servants who are 02 years or more old and have reached the retirement age specified in Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP and are not eligible for the early retirement policy specified in Article 7 of this Decree, if they retire, will enjoy the following benefits:

First, receive severance pay:

For those who quit their jobs within the first 12 months from the date of the decision to reorganize the apparatus by the competent authority, they will receive a subsidy equal to 0.8 months of current salary multiplied by the number of months for which the severance allowance is calculated.

For those who quit their jobs from the 13th month onwards from the date of the decision to reorganize the apparatus by the competent authority, they will receive 0.4 months of current salary multiplied by the number of months for which the severance allowance is calculated.

Second, receive a subsidy of 1.5 months of current salary for each year of work with compulsory social insurance contributions.

Third, reserve social insurance payment period or receive one-time social insurance according to the provisions of the law on social insurance.

Fourth, receive a subsidy of 3 months of current salary to find a job.

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