Reader Tran Thi Thu Hang said that in 2019, she was transferred to work at the District Red Cross Society, holding the position of President of the Society.
Before working at the Association, she was Deputy Head of the District Department of Labor, War Invalids and Social Affairs. After transferring jobs, she had her civil service allowance cut by 25%. In early 2025, she registered with the District Department of Internal Affairs to apply for early retirement, but until now she has not yet received the public service allowance regime according to Decree No. 126/2024/ND-CP, affecting the basis for calculating the regime according to the current salary to retire early according to Decree No. 67/2025/ND-CP.
Ms. Hang asked, according to the provisions of Decree No. 126/2024/ND-CP dated October 8, 2024, for people of working age assigned or transferred by competent authorities to work at associations within the staffing quota assigned by competent authorities at associations assigned by the Party or State, will she be entitled to the civil service allowance regime according to Decree No. 34/2012/ND-CP?
Which agency decides on the public service allowance regime prescribed in Decree No. 126/2024/ND-CP? If she applies for early retirement before receiving the civil service allowance, will she be able to later recover and compensate for the early retirement policies according to Decree No. 67/2025/ND-CP? If so, which agency will handle it when the district level has ended its operation?
On the Government Electronic Information Portal, the Ministry of Home Affairs responded to this issue as follows:
Clause 1, Article 77 of Decree No. 138/2020/ND-CP, Point a, Clause 2, Article 40 of Decree No. 126/2024/ND-CP stipulate the recruitment, use and management of people of working age assigned and transferred by competent authorities to work at the association according to the decision of the competent authority and the recruited person within the association's staffing quota according to the provisions of law on cadres and civil servants.
Accordingly, socio-political organizations - occupations, social organizations, social organizations - occupations shall base on the above regulations to carry out the recruitment, use and management of those who work according to regulations.
Point a, Clause 3, Article 40 of Decree No. 126/2024/ND-CP stipulates salary, allowances, health insurance, social insurance, remuneration, rewards, training, fostering and other regimes and policies as follows:
"People of the working age have a decision of the competent authority assigned and mobilized to work at the Association and the recruited person in the payroll index assigned by the competent authority to the Association, they are entitled to the policy regime as prescribed for officials and public servants and implement the retirement regime in accordance with law."
Therefore, people who regularly work at mass organizations assigned by the Party and the State in the above regulations are entitled to the public service allowance regime according to the provisions of Decree No. 34/2012/ND-CP and the above regimes.
Related to the policy regime for cadres, civil servants and public employees in the organizational structure of the political system: For associations assigned by the Party and the State in the locality to arrange, consolidate and merge the organizational apparatus in accordance with the requirements of the summary of Resolution No. 18-NQ/TW dated October 25, 2017 of the 12th Central Conference, some issues on the organization of the political system of the political system. The force and efficiency, the working age of the working age with the decision of the competent authority assigned and mobilized to work at the Association and the recruited person in the payroll criteria assigned by the competent authority to the Association prescribed in Clause 3, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP dated March 15, 2025)
