The Ministry of National Defense is organizing a consultation on the second draft of the Circular on policies and regimes when reorganizing and streamlining the apparatus in the Army to continue editing and perfecting documents.
Notably, Article 9 of the draft Circular proposes policies for cases where working time is extended.
Accordingly, the policy for cases that have exceeded the age limit according to the instructions in Point a, Point b, Clause 5, Article 5 of this Circular but are decided by the Politburo and the Secretariat to extend the working time according to the provisions of Article 8 of Decree No. 178/2024/ND-CP.
Point a, Clause 5, Article 5 of the draft Circular guides how to calculate the highest service age limit for each group of subjects as follows:
For officers, it is necessary to comply with the provisions of Clause 2, Article 1 of the Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army No. 52/2024/QH15.
For professional soldiers, it is necessary to comply with the provisions of Clause 2, Article 17 of the Law on Professional Soldiers, Workers and National Defense Officials No. 98/2015/QH12.
For defense workers and defense officials, the provisions of Article 31 of the Law on Professional Soldiers, Workers and Defense Officials No. 98/2015/QH13 shall apply.
Point b, Clause 5, Article of the draft Circular also guides how to calculate the retirement age for the following groups of subjects:
For defense civil servants; contract workers receiving salaries from the state budget; civil servants and public employees of the state shall comply with the provisions of the Law on Social Insurance; Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age.
For those working in key organizations under the management of the Ministry of National Defense, the provisions of Clause 1, Article 27 of the Law onike mid-term No. 05/2011/QH13; Appendix I and Appendix II issued with Decree No. 135/2020/ND-CP shall apply.
Regarding policies for this group of subjects, Article 8 of Decree No. 178/2024/ND-CP stipulates as follows:
Cadres who are past the prescribed retirement age but have been decided by the Politburo and the Secretariat to extend their working time in agencies of the Party, State and socio-political organizations. If they retire, they will receive a one-time pension subsidy equal to 30 months of current salary and social insurance benefits according to the provisions of the law on social insurance.
The second draft of the Circular on policies and regimes when reorganizing and streamlining the apparatus in the Army has 18 articles, an increase of 6 articles compared to the previous draft circular; expanding the subjects of application to guide the implementation of policies and regimes for subjects under the management of the Ministry of National Defense in implementing the reorganization of the apparatus;
Streamlining the payroll, restructuring, improving the quality of the team; cadres who are not old enough to be re-elected, reappointed or meet the age requirements for re-election or reappointment; cadres participating in Party committees at Party committees must end their activities according to the provisions of Articles 7, 8, 9, 11 and 14 of Decree No. 178/2024/ND-CP, Clauses 5, 6, 7, 8, 9, 10 and 11, Article 1 of Decree No. 67/2025/ND-CP; responsibilities of relevant agencies, units and individuals.
