Mr. Bui Van Truong (Phu Tho) asked: I am 32 years old this year, and have been elected as village head for 4 years. In the recent village and residential group arrangement, I resigned due to staff reduction. Please ask if my case will receive any allowances?
Answering this content, Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that the current regimes on staff streamlining are implemented according to Decree No. 154/2025/ND-CP (Decree 154) of the Government regulating staff streamlining.
Article 18 of Decree 154 stipulates the effectiveness of implementation as follows:
This Decree takes effect from June 16, 2025; replacing Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government regulating staff streamlining.
The regimes and policies specified in this Decree are applied until the end of December 31, 2030".
Lawyer Nguyen Thu Trang added that, according to the provisions of Decree 154, village heads belong to the group of non-specialized workers in villages and residential groups. This subject is regulated by separate policies in Article 10 of the decree.
Accordingly, Article 10 of Decree 154 stipulates policies for non-specialized workers in villages and residential groups who are redundant due to the arrangement of villages and residential groups to quit immediately from the time of the arrangement decision of the competent authority as follows:
1. Non-specialized personnel in villages and residential groups who have not reached retirement age as prescribed in Appendix I, Appendix II issued together with Decree No. 135/2020/ND-CP (excluding subjects specified in Clause 2 of this Article) are entitled to the following regimes:
a) For people with less than 5 years of service:
Being entitled to a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of working months.
Being entitled to an allowance equal to 1.5 times the current monthly allowance for each year of work.
Receiving a 3-month monthly allowance currently enjoyed to find a job.
Being allowed to preserve the time of compulsory social insurance contribution or enjoying one-time social insurance benefits according to the provisions of the law on social insurance.
b) For people with 5 years or more of service and a lifespan of less than 5 years to retire age:
Being entitled to a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of early retirement compared to the retirement age.
Being entitled to an allowance equal to 1.5 times the current monthly allowance for each year of work.
Receiving a 3-month monthly allowance currently enjoyed to find a job.
Being allowed to preserve the time of compulsory social insurance contribution or enjoying one-time social insurance benefits according to the provisions of the law on social insurance.
c) For people with 5 years or more of service and a lifespan of 5 years or more until retirement age:
Being entitled to a one-time allowance equal to 0.8 times the current monthly allowance multiplied by 60 months.
Being entitled to an allowance equal to 1.5 times the current monthly allowance for each year of work.
Receiving a 3-month monthly allowance currently enjoyed to find a job.
Being allowed to preserve the time of compulsory social insurance contribution or enjoying one-time social insurance benefits according to the provisions of the law on social insurance.
2. For commune-level cadres and civil servants who are arranged to work as non-specialized personnel in villages and residential groups due to the arrangement of commune-level administrative units in the 2023-2025 period, they are entitled to regimes as prescribed in Clause 1 of this Article. However, the current monthly salary to calculate allowances is the immediately preceding monthly salary of the commune-level cadre and civil servant title before being arranged to work as non-specialized personnel in villages and residential groups.
3. Non-specialized workers in villages and residential groups who have reached retirement age according to the provisions of Appendix I, Appendix II issued together with Decree No. 135/2020/ND-CP or are enjoying retirement benefits or loss of working capacity benefits are entitled to a one-time allowance equal to 15 months of monthly allowance currently enjoyed.
4. Non-specialized personnel in villages and residential groups specified in Clauses 1, 2, and 3 of this Article are not entitled to the policies specified in Articles 6, 7, and 8 of this Decree.
In comparison with the above regulations, in case the reader is a village head, with an operating period of less than 5 years, they are eligible for benefits according to point a, clause 1, Article 10 of Decree 154.
Accordingly, readers are entitled to regimes including:
The one-time allowance is 0.8 times the current monthly allowance multiplied by the number of working months.
Allowance equals 1.5 times the current monthly allowance for each year of work.
3-month monthly allowance currently enjoyed to find a job.
Being allowed to preserve the time of compulsory social insurance contribution or enjoying one-time social insurance benefits according to the provisions of the law on social insurance.
