Mr. Nguyen Van Hong (character's name has been changed) was born on March 8, 1988, the right retirement age is April 2050.
He was signed a labor contract under Decree 68/2000/ND-CP (now Decree 111/2022/ND-CP) with a state agency from January 1, 2010.
Mr. Hong said that all of his labor contracts are applied as civil servants.
By the end of January 2025, Mr. Hong's social insurance payment period is 15 years and 1 month. Currently, Mr. Hong's agency is subject to merger according to the policy in Resolution 18 of the Central Committee.
"In my case, if I want to quit my job immediately and get the agency's approval, will I be entitled to all termination policies according to Article 10 of Decree 178/2024/ND-CP?" - Mr. Hong wondered.
Regarding Mr. Hong's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the Ministry of Home Affairs, Point c, Clause 1, Article 2 of 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 stipulates that the subjects of application include people working under labor contracts according to the provisions of labor law before January 15, 2019 and people working under labor contracts subject to the same policy as civil servants.
In case Mr. Hong is a subject of the above application and is approved by competent authorities according to the provisions of Article 17 of Decree 178/2024/ND-CP, he will enjoy the termination policy according to the provisions of Article 10 of Decree 178/2024/ND-CP.
Accordingly, civil servants and employees who are at least 2 years 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 quit their jobs, 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 be directed to 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, enjoy unemployment insurance according to the provisions of the law on unemployment insurance.
