Deputy Minister of Finance Nguyen Duc Chi has just signed and issued Official Letter No. 1767/BTC-TCCB guiding organizations and units under and directly under the Ministry of Finance on a number of contents on implementing policies for early retirement and resignation according to the provisions of Decree No. 178/2024/ND-CP.
Accordingly, in order to implement Decree 178/2024/ND-CP dated December 31, 2024 of the Government on policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system, Circular 01/2025/TT-BNV dated January 17, 2025 of the Minister of Home Affairs guiding the implementation of policies and regimes for cadres, civil servants, public employees and workers in implementing the organizational arrangement of the political system.
The Ministry of Finance guides organizations and units under and directly under the Ministry of Finance on a number of contents on implementing policies for early retirement, suspected of termination of employment as follows:
Scope and subjects of application
Civil servants, public employees; people working under labor contracts according to the provisions of labor law before January 15, 2019 and people working under labor contracts are subject to the same policy as civil servants (hereinafter referred to as employees) in agencies, organizations and units of the Ministry of Finance due to the reorganization of the apparatus, including:
Administrative organizations under the management of the Ministry of Finance; Public service units under the organizational structure of the Ministry of Finance; Other public service units not under the organizational structure of the Ministry of Finance complete the organization arrangement or restructuring the human resources of the unit within 12 months from the date of the decision of the competent authority.
Principles of policy and regime settlement
Priority will be given to resolving policies and regimes for those who have less working time until retirement age.
The policy and regimes for subjects in one of the following cases have not been considered:
Women who are pregnant, on maternity leave, or raising children under 36 months old, except for cases where individuals voluntarily retire.
Those who are under disciplinary review or criminal prosecution or are being inspected or examined for signs of violations.
No policies or regimes have been resolved for subjects who have been classified as not completing their tasks for 02 consecutive years.
The time of deciding to reorganize the apparatus of the competent authority is the effective date of the document in which the establishment is stipulated, specifying the name of the new unit, specifically:
+ For administrative organizations and public service units under the organizational structure of the Ministry: Decree regulating the functions, tasks, powers and organizational structure of the Ministry;
+ For public service units under the Ministry: Decision of the Prime Minister promulgating the list of public service units under the Ministry;
+ For public service units under the Department under the Ministry: The Minister's decision stipulates the functions, tasks, powers and organizational structure of the Department.
Within 12 months from the time of above regulation, civil servants, public employees and employees who are decided by competent authorities to retire (retire early or retire from work) will be entitled to enjoy policies and regimes according to the provisions of the first 12 months.
After the above-mentioned period, they will be counted for policies and regimes according to the regulations of the 13th month onwards.
The time for considering early retirement and severance pay policies is determined to be the deadline for submitting documents to the agency advising on personnel organization and agency advising on financial work according to regulations.
