56 years old, with intermediate degree, can I continue to work as a civil servant in the new commune?
After merging administrative units, some commune officials over 50 years old who are not eligible for retirement are wondering whether they can continue working in the new commune or not?
In comments sent to the Ministry of Home Affairs asking about the two-level local government, Ms. Nguyen Thi Kim Sa - a cultural and social official at the People's Committee of a commune in Long An, born in October 1969, expressed concern when it was unclear how to handle her case after the commune merger, whether she could continue to work or quit.
Ms. Sa said she only has a secondary school diploma. As of July 1, she had only paid compulsory social insurance for 14 years and 4 months - not enough for the required 15 years.
According to Ms. Sa, in accordance with Resolution 76 on administrative unit arrangement in 2025, she was encouraged by her leaders to submit a resignation application because she did not meet the conditions for early retirement.
Ms. Sa stated: "Up to now, the Department of Home Affairs of Long An province has sent a notice of the results of the assessment of the subjects of retirement according to Decree 178 with the following results: I am not eligible for retirement. Currently, the Department has not issued a specific notice on how to handle my case. Meanwhile, the list of cadres, civil servants and public employees who continue to work at the new commune (after the merger) does not include my name. So will I continue to work until retirement age or retire immediately on July 1, 2025?".
Ms. Sa asked: With my age and secondary school degree, can I continue working at the new agency? If I quit, what category will I belong to, what policies and regimes will I enjoy, and which decrees and documents of the Government will apply?
The Ministry of Home Affairs replied that, according to the provisions of Decree No. 178 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 (amended and supplemented in Decree No. 67), the review, determination of subjects and policy resolution are the responsibility of local authorities.
People need to contact the authorities for answers and instructions according to regulations.
Similarly, Mr. Nguyen Van An - a commune official, born in June 1969, university degree, 25 years of compulsory social insurance participation - also said that on May 19, he submitted an application for early retirement from July 1 according to Article 7 of Decree 178 and was approved by the Commune People's Committee.
After that, the Commune People's Committee made a request to the Provincial People's Committee to consider and resolve the policy. As of June 29, the Provincial Department of Home Affairs has not yet responded in writing about his early retirement. In the decision on assigning tasks from July 1, he was assigned to take on the position of office secretary of the People's Council and People's Committee of the Commune.
"Will I be able to retire according to the provisions of Decree 178 and Decree 67? If after July 1, I continue to wish to retire early, how will it be resolved?", Mr. An asked.
Regarding the content of this question, the Ministry of Home Affairs cited the provisions of Article 2 of Decree No. 178 (amended and supplemented in Decree No. 67), Mr. An is a subject directly affected by the arrangement of administrative units.
At the same time, based on the provisions of Article 17 and Article 19 of this Decree, the settlement of regimes and policies for him shall be implemented by the head of the agency, organization, or unit directly managing and using cadres, civil servants, and public employees, and shall be considered and decided by the Provincial People's Committee.
Therefore, the Ministry of Home Affairs recommends that you send a petition to the local authority for guidance on how to resolve it.
