The Lao Dong Newspaper Legal Consulting Office replied:
Article 5, Circular 01/2025/TT-BNV of the Ministry of Home Affairs (effective from January 17, 2025) stipulates that cadres, civil servants and commune-level cadres and civil servants specified in Article 2 of this Circular who are dismissed by competent authorities will have their social insurance payment period reserved or receive one-time social insurance according to the provisions of the law on social insurance prescribed in Clause 3, Article 9 of Decree No. 178/2024/ND-CP; and will also receive 03 allowances prescribed in Clause 1, Clause 2 and Clause 4, Article 9 of Decree No. 178/2024/ND-CP as follows:
1. severance pay:
For those who quit their jobs within the first 12 months:
Subsidy level = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 0.8 x Time to calculate severance pay as prescribed in Clause 2, Article 5 of Decree No. 178/2024/ND-CP
For those who quit their jobs from the 13th month onwards:
Subsidy level = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 0.4 x Time to calculate severance pay as prescribed in Clause 2, Article 5 of Decree No. 178/2024/ND-CP
2. Subsidy of 1.5 months of current salary for each year of work with compulsory social insurance contributions:
Subsidy level = Current monthly salary as prescribed in Clause 2, Article 3 of this Circular x 1.5 x Number of years of work with compulsory social insurance as prescribed in Clause 3, Article 5 of Decree No. 178/2024/ND-CP
3. Subsidy of 03 months of current salary to find a job:
Subsidy level = Current monthly salary prescribed in Clause 2, Article 3 of this Circular x 3
Thus, the method of calculating the severance pay policy according to Decree 178/2024/ND-CP for commune-level cadres and civil servants is regulated as above.
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