Mr. Mai Van Huy (character's name has been changed) is a commune civil servant who submitted an application for early retirement according to Decree No. 29/2023 dated June 3, 2023 of the Government regulating staff streamlining.
The reason for retiring before the age of staff streamlining is that they have not met the training level according to the professional and technical standards prescribed for the job they are holding.
Mr. Huy voluntarily implemented staff streamlining, was approved by the direct management agency and approved by the Chairman of the Thanh Hoa Provincial People's Committee to be on the list of staff streamlining according to Decree 29/2023 (phase 1 of 2025).
He also received the Decision on early retirement according to Decree 29/2023 from June 1, 2025 from the Chairman of the People's Committee of Ha Trung district, Thanh Hoa province.
"So am I eligible for early retirement benefits due to staff streamlining under Decree No. 178/2024 (amended and supplemented in Decree 67/2025)?" - Mr. Huy wondered.
Regarding Mr. Huy's reflection and recommendation, the Ministry of Home Affairs responded on the Electronic Information Portal.
Pursuant to the provisions of Clause 2, Article 25 of Decree No. 178/2024 (amended and supplemented in Decree No. 67/2025), the regimes and policies stipulated in this Decree only apply to cases where commune-level cadres and civil servants are implementing policies and regimes due to the arrangement of district and commune-level administrative units as prescribed in Decree No. 29/2023 of the Government regulating staff streamlining, not applicable to cases where commune-level cadres and civil servants are implementing staff streamlining due to not meeting the training level according to the professional and technical standards prescribed for the job position they are holding.
Therefore, in the case of Mr. Huy, a commune civil servant who has been decided by competent authorities to implement the staff streamlining policy as prescribed in Decree No. 29/2023 on the grounds of not meeting the training level according to professional and technical standards prescribed for the job position he is holding, he will not be granted early retirement benefits due to staff streamlining according to Decree No. 178/2024 (amended and supplemented in Decree No. 67/2025).
Recently, the Ministry of Home Affairs has issued specific instructions on the implementation of policies and regimes prescribed in Decree No. 178/2024 amended and supplemented in Decree No. 67/2025.
In the process of developing policies and regimes for cadres, civil servants, public employees and workers when reorganizing the apparatus of the political system, the Ministry of Home Affairs has reported to competent authorities to thoroughly handle redundant commune-level cadres and civil servants due to the reorganization of commune-level administrative units in the 2019-2021 period that have not been resolved.
The Ministry also encourages cadres, civil servants, public employees and commune-level cadres and public employees who are redundant due to the arrangement of district and commune-level administrative units in the 2023-2025 period to retire before the end of the arrangement roadmap.
Therefore, Decree No. 178/2024 (amended and supplemented by Decree No. 67/2025) stipulates that these subjects are subjects of application.
The Ministry of Home Affairs said that Clause 1, Clause 2, Article 25 of Decree No. 178/2024 (amended and supplemented by Decree No. 67/2025) stipulates cases where the competent authority has issued a decision to enjoy the policy or the time of resignation after January 1, 2025, the policies and regimes according to the provisions of Decree No. 178/2024 (amended and supplemented by Decree No. 67/2025) will be applied.
