Cases where civil servants are not allowed to apply staff streamlining policies in Decree 154

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Civil servants who are classified as not completing their tasks are not subject to the staff streamlining policy specified in Decree No. 154/2025.

The Ministry of Home Affairs has just sent an official dispatch to the Department of Home Affairs of Lam Dong province guiding the handling of some difficulties and obstacles in the process of implementing the Government's decrees, including contents related to resolving regimes and policies according to Decree No. 154/2025/ND-CP on streamlining staff.

According to the provisions of Decree No. 154/2025/ND-CP (effective from June 15, 2025), cadres and civil servants who are classified as failing to complete their tasks for 1 year are subject to staff streamlining.

However, according to the provisions of Clause 1, Article 32 of the Law on Cadres and Civil Servants in 2025 and Clause 3, Article 57 of Decree No. 170/2025/ND-CP (both effective from July 1, 2025), civil servants who are classified as not completing their tasks are subject to dismissal and settlement of regimes and policies according to the provisions of Article 58 of Decree No. 170/2025/ND-CP.

The Ministry of Home Affairs said that based on the provisions of Clause 3 and Clause 4, Article 58 of the Law on Promulgation of Legal Documents in 2025, in cases where legal documents have different regulations on the same issue, documents with higher legal validity are applied.

On the other hand, in case legal normative documents issued by the same agency have different regulations on the same issue, the regulations of the legal normative document issued later shall be applied.

Therefore, civil servants who are classified as not completing their tasks are subject to the policies specified in the Law on Cadres and Civil Servants in 2025 and Decree No. 170/2025/ND-CP, and are not subject to the staff streamlining policy specified in Decree No. 154/2025/ND-CP.

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