Policies and regimes for officers when reorganizing the apparatus

Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC, replied:

Clauses 3, 4, 5 and Clause 6, Article 17 of Circular No. 19/2025/TT-BQP guiding the implementation of policies and regimes for subjects under the management of the Ministry of National Defense in the implementation of organizational restructuring stipulates the effectiveness of the implementation as follows:

3. Cases of agencies and units implementing the organizational arrangement that have decided to enjoy the one-time pension regime due to early retirement according to the provisions of Decree No. 21/2009/ND-CP; Decree No. 151/2016/ND-CP and Decree No. 32/2013/ND-CP before January 1, 2025, will not be allowed to implement the policies and regimes according to the provisions of Decree No. 178/2024/ND-CP, amended and supplemented in Decree No. 67/2025/ND-CP and guided in this Circular.

4. In cases of organizational arrangement or changes in organization or staffing; eligible for one-time allowance due to early retirement according to the provisions of Decree No. 21/2009/ND-CP; Decree No. 151/2016/ND-CP and Decree No. 32/2013/ND-CP, which have been decided by competent authorities to retire early before January 1, 2025, currently on retirement preparation but by January 1, 2025, competent authorities that have not issued a decision to resolve policies and regimes will apply the policies and regimes prescribed in Decree No. 178/2024/ND-CP, amended and supplemented in Decree No. 67/2025/ND-CP and guided in this Circular.

In particular, the subjects are officers in the above cases; the highest age limit for calculating the one-time subsidy regime is implemented as follows:

a. If the competent authority issues a retirement decision before December 1, 2024 (currently on pre-retirement leave), the highest age limit shall be implemented according to the provisions of Clause 3, Article 1 of the Law amending and supplementing a number of articles of the Law on Officers of the Vietnam People's Army No. 19/2008/QH12;

b. If the competent authority issues a retirement decision from December 1, 2024 onwards (currently on retirement preparation), the highest age limit shall be implemented according to the provisions of Clause 2, Article 1 of Law No. 52/2024/QH15.

5. Cases of retirement before age subject to the implementation of policies and regimes specified in Decree No. 178/2024/ND-CP, Decree No. 67/2025/ND-CP and guidance in this Circular without resting preparation, monthly pension or preparation for retirement without expiration of time as prescribed, it is not allowed to enjoy the difference between the first month of pension with the first month of pension with the first month of pension.

6. A subject is eligible for many policies and regimes prescribed in different documents at the same time, the calculation of policies and regimes shall be implemented according to the provisions of Clause 7, Article 3 of Decree 178/2024/ND-CP.

Thus, the application of policies and regimes when arranging the apparatus for officers is implemented according to the above regulations.