Answer on "direct impact" according to Decree 178

Xuân Hùng |

The Ministry of the Interior has just sent a written response to the Department of Home Affairs of Thanh Hoa on a number of problems in determining the object of implementing Decree 178.

On April 15, the Department of Home Affairs of Thanh Hoa said that in the process of implementing the implementation of the Government's Decree No. 178/2024/ND-CP of December 31, 2024 on policies and regimes for officials, public servants, officials, workers and armed forces in the organization of the political system of the political system (amended and supplemented in Decree No. 67/2025/ND-CP on March 15 Difficulties and obstacles in identifying policies and regimes.

Under the provisions of Article 2 of Decree No. 178 stipulating the subjects apply as follows:

Cadres, civil servants, officials and people working according to the labor contract regime in agencies, organizations and units prescribed in Article 1 of this Decree and the armed forces are under the direct impact of the organization of the organizational structure and arrangement of administrative units at all levels.

Cadres, civil servants, officials and employees receive salaries from the state budget in accordance with the law before January 15, 2019 and the armed forces have enough 5 years or less to retirement age in agencies, organizations and units prescribed in Article 1 of this Decree, not under the direct impact of the organizational structure but must perform the staff, restructuring, improving the quality of officials and officials.

According to the Department of Home Affairs of Thanh Hoa, the Decree does not specifically explain the words such as: "subject to the direct impact of the organization of the organizational structure, arranging administrative units at all levels", "not subject to the direct impact of the organizational structure but must perform the streamlining, restructuring, improving the quality of cadres, civil servants and public employees".

Therefore, there are many ways to understand and views on the above content. The Department of Home Affairs of Thanh Hoa reflects in some cases that are still wondering and the Ministry of Home Affairs has also answered and instructed.

In case the Department A consolidates with the Department B to arrange the plan: consolidate a number of specialized departments, keep the state of some specialized departments (administrative agencies), keeping the status quo of post -arranged non -business units. Thus, the cases are civil servants in non -consolidated specialized departments and officials and labor contracts as signed before January 15, 2019, working at non -business units subject to the direct impact of the organization of the apparatus, arranging administrative units at all levels?

In this case, the Ministry of Home Affairs responded as follows: Agencies, organizations and units directly organize the organizational structure are agencies, organizations and units that consolidate, merge, reorganize and dissolve at the decision of the competent authority at the request of the Summary of Resolution No. 18-NQ/TW2.

Accordingly, in the above case, it is not under the direct impact of the organization of the political system's organizational structure.

In case the Department B is reduced to a reduction of 01 room to 05 rooms and keeping the status quo of public non -business units attached. Thus, civil servants in specialized departments are not arranged, officials of public non -business units under the Department, labor contracts as signed before January 15, 2019 are subject to the direct impact of the organization of the apparatus, arranging administrative units at all levels?

According to the Ministry of the Interior, in this case, if the Department B is not subject to organizational structure at the request of the summary of Resolution No. 18-NQ/TW, but only actively arranges the organizational structure inside, the Department's civil servants and employees are not subject to the direct impact of the organization of the political system's apparatus.

Xuân Hùng
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