Minister of Home Affairs Pham Thi Thanh Tra has just signed and issued Circular No. 01/2025 guiding the implementation of policies and regimes for cadres, civil servants, public employees and workers in the implementation of organizational restructuring of the political system (guidance on the implementation of Decree No. 178/2024 of the Government).
The subjects of application of Circular No. 01/2025 include cadres, civil servants, and public employees; commune-level cadres, civil servants, and employees specified in Points a, b, and c, Clause 1, Article 2 of Decree No. 178/2024.
The time of decision on organizational arrangement of the competent authority is the effective time of the document issued by the competent authority of the Party, State, or socio-political organization on organizational arrangement and administrative unit arrangement.
Within 12 months from the above-mentioned time, cadres, civil servants, public employees and workers who are decided by competent authorities to retire (retire early or quit their jobs) will be entitled to policies and regimes according to the regulations of the first 12 months.
After the above prescribed period, the policy and regime will be calculated according to the regulations of the 13th month onwards.
Current monthly salary includes: Salary level according to rank, position, title, professional title and salary allowances (including leadership position allowance; seniority allowance beyond the framework; seniority allowance; preferential allowance according to profession; responsibility allowance according to profession; public service allowance; allowance for party work, political and social organizations, if any).
For those who receive a salary in cash as agreed in the labor contract, the current monthly salary is the monthly salary stated in the labor contract.
The Circular clearly states that the number of months of early retirement is the number of months calculated from the time of retirement according to the decision of the competent authority compared to the retirement age specified in Appendix I or Appendix II issued with Decree No. 135/2020 of the Government regulating the retirement age.
The number of years of early retirement is the number of years calculated from the time of retirement according to the decision of the competent authority compared to the retirement age specified in Appendix I or Appendix II issued with Decree No. 135/2020, calculated according to the provisions of Clause 4, Article 5 of Decree No. 178/2024 of the Government.
The time to calculate the allowance based on the number of years of work with compulsory social insurance contributions is calculated according to the provisions of Clause 3, Article 5 of Decree No. 178/2024.
In particular, Circular No. 01/2025 of the Ministry of Home Affairs provides detailed instructions on how to calculate policies for people who retire early in the following cases: Those who are between 2 and 5 years old at retirement age; those who are between 5 and 10 years old at retirement age; and those who are less than 2 years old at retirement age.
Instructions on how to calculate the severance pay policy for cadres, civil servants and commune-level cadres and civil servants (including severance pay; 1.5 months' current salary for each year of work with social insurance contributions).
The Circular also guides how to calculate severance pay and social insurance benefits for civil servants and employees.
