Time to calculate policies when reorganizing the apparatus

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

Clause 1, Clause 3, Clause 4 and Clause 5, Article 3 of Circular No. 1/2025/TT-BNV of the Ministry of Home Affairs guiding the implementation of policies and regimes for cadres, civil servants, public employees and workers in the implementation of the organizational arrangement of the political system stipulates how to determine the time to calculate the policy and regime as follows:

1. The time of deciding to reorganize the apparatus of the competent authority is the effective date of the document issued by the competent authority of the Party, State, and socio-political organizations on reorganizing the apparatus and reorganizing administrative units.

a) Within 12 months from the date of the above regulation, cadres, civil servants, public employees and workers who are decided by competent authorities to retire (retire early or retire from work) will be entitled to policies and regimes according to the provisions of the first 12 months.

b) After the period specified in Point a of this Clause, they will be counted for policies and regimes according to the provisions of the 13th month onwards.

3. The number of months of early retirement is the number of months calculated from the retirement date according to the decision of the competent authority compared to the retirement age prescribed in Appendix I or Appendix II issued with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age.

4. The number of years of early retirement is the number of years calculated from the retirement date according to the decision of the competent authority compared to the retirement age prescribed in Appendix I or Appendix II issued with Decree No. 135/2020/ND-CP calculated according to the provisions of Clause 4, Article 5 of Decree No. 178/2024/ND-CP.

5. The period to calculate the allowance based on the number of years of work with compulsory social insurance contributions is calculated according to the provisions of Clause 3, Article 5 of Decree No. 178/2024/ND-CP.

Thus, the method of determining the time to calculate the policy and regime for cadres, civil servants, public employees and workers in implementing the organizational arrangement of the political system is implemented according to the above regulations.