Law on resignation for officials working in key organizations

Thu Giang |

The draft Circular on policies and regimes when reorganizing and streamlining the Army apparatus has outlined a policy on resignation for employees in key organizations.

The Ministry of National Defense is organizing a consultation on the second draft of the Circular on policies and regimes for streamlining the organization of the military apparatus (Drafts of Circulars) to continue editing and perfecting the document.

Accordingly, Article 12 of the Draft Circular proposes how to calculate the severance pay for workers, civil servants, employees, and people working in key organizations under the management of the Ministry of National Defense working at agencies and units directly affected by the organizational arrangement.

Regarding the conditions and calculation of the policy on resignation from work for defense workers, defense officials, civil servants, and people working in key organizations under the management of the Ministry of National Defense, contract workers receiving salaries from the State budget as prescribed in Clauses 1, 2, 3, 4 and 5, Article 2 of this Circular;

Having 2 years or more of age compared to the age limit for guidance in Point a, Point b, Clause 5, Article 5 of this Circular, when implementing the organizational arrangement, they are not eligible for retirement and are not eligible for early retirement benefits as prescribed in Article 7 of Decree No. 178/2024/ND-CP;

When the competent authority decides to terminate the employment, they will enjoy the policies and regimes prescribed in Article 10 of Decree No. 178/2024/ND-CP.

In particular, the severance allowance regime for the number of months of work with compulsory social insurance (SI) contributions and the one-time allowance regime for the number of years of work with compulsory social insurance contributions are guided as follows:

a) severance allowance for the number of months of work with compulsory social insurance contributions shall be implemented according to the instructions in Point a, Clause 1, Article 10 of this Circular:

- No work within the first 12 months from the effective date of the decision to reorganize the apparatus by the competent authority:

The severance allowance for the number of months of work with compulsory social insurance contributions = The current month salary is guided in Clause 3, Article 4 of this Circular x 0.8 x The number of months to be calculated for the subsidy for supervisors in Clause 3, Article 5 of this Circular.

a
Article 12 of the Draft Circular on policies and regimes when arranging and streamlining the organization of the Army apparatus has outlined a policy on termination of employment for employees in key organizations. Illustrative photo: VGP

- From the 13th month onwards from the effective date of the decision to reorganize the apparatus by the competent authority:

The severance allowance for the number of months of work with compulsory social insurance contributions = The current month salary is guided in Clause 3, Article 4 of this Circular x 0.4 x The number of months to be calculated for the allowance for supervisor in Clause 3, Article 5 of this Circular.

b) One-time allowance for the number of years of work with compulsory social insurance contributions shall be implemented according to the instructions in Point b, Clause 1, Article 10 of this Circular.

The allowance for each year of work with compulsory social insurance contributions = Current monthly salary according to the instructions in Clause 3, Article 4 of this Circular x 1.5 x Number of years of work with compulsory social insurance contributions according to the instructions in Clause 4, Article 5 of this Circular.

Thu Giang
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