At 56 years old, with only a vocational diploma, can I continue working as a civil servant in the new commune?

In comments sent to the Ministry of Interior regarding the two-tiered local government system, Ms. Nguyen Thi Kim Sa, a cultural and social affairs official at the People's Committee of a commune in Long An province, born in October 1969, expressed her concern about the unclear handling of her case after the commune merger – whether she would continue working or be dismissed.

Ms. Sa stated that she only has a vocational diploma. As of July 1st, she had only contributed to mandatory social insurance for 14 years and 4 months - not yet meeting the 15-year requirement.

According to Ms. Sa, in accordance with Resolution 76 on the reorganization of administrative units in 2025, she was encouraged by her superiors to submit a resignation letter, as she did not meet the eligibility requirements for early retirement.

Ms. Sa stated: "To date, the Long An Provincial Department of Internal Affairs has sent a notification regarding the assessment of eligibility for retirement under Decree 178, with the following result: I am not eligible for termination of employment. Currently, the Department has not provided any specific notification on how to resolve my case. Meanwhile, my name is not on the list of officials, civil servants, and public employees continuing to work in the newly merged commune. So, will I continue working until retirement age or retire immediately on July 1, 2025?"

Ms. Sa asked: Given my age and vocational diploma, am I eligible to continue working at the new agency? If I resign, what category will I fall under, what policies and benefits will I be entitled to, and which government decrees or documents apply?

The Ministry of Interior responded that, according to Government Decree No. 178 on policies and regulations for officials, civil servants, employees, and members of the armed forces in the implementation of organizational restructuring of the political system (amended and supplemented by Decree No. 67), the consideration, identification of eligible individuals, and resolution of policy issues are the responsibility of local authorities.

Citizens should contact the relevant authorities for answers and guidance as per regulations.

Similarly, Mr. Nguyen Van An - a commune official, born in June 1969, with a university degree and 25 years of mandatory social insurance participation - also stated that on May 19th, he submitted an application for early retirement effective July 1st according to Article 7 of Decree 178 and it was approved by the Commune People's Committee.

Subsequently, the Commune People's Committee submitted a request to the Provincial People's Committee for consideration and resolution of the retirement benefits. As of June 29th, the Provincial Department of Internal Affairs had not yet issued a response regarding his early retirement. In the assignment decision effective from July 1st, he was assigned to the position of document clerk in the Office of the Commune People's Council and People's Committee.

"Am I eligible for early retirement under Decree 178 or Decree 67? If, after July 1st, I still wish to retire early, how will my request be processed?", Mr. An asked.

Regarding this question, the Ministry of Interior cites the provisions of Article 2 of Decree No. 178 (amended and supplemented by Decree No. 67), stating that Mr. An is subject to the direct impact of the administrative unit reorganization.

At the same time, based on the provisions of Articles 17 and 19 of this decree, the settlement of benefits and policies for him shall be implemented by the head of the agency, organization, or unit directly managing and employing the cadre, civil servant, or public employee, and considered and decided by the Provincial People's Committee.

Therefore, the Ministry of Interior suggests that he submit his petition to the competent local authority for guidance on how to resolve the issue.