Nghe An guides the implementation of early retirement and resignation regimes when restructuring the apparatus.
The settlement of regimes according to Decree No. 178/2024/ND-CP is carried out monthly, once a month.
On February 17, Director of the Department of Home Affairs of Nghe An province Nguyen Viet Hung signed and issued Instruction No. 352/HD-SNV on implementing policies and regimes for early retirement and resignation for cadres, civil servants, public employees and employees in the implementation of organizational arrangement of the political system in agencies and units under the management authority of the People's Committee of Nghe An province according to Decree No. 178/2024/ND-CP dated December 31, 2024 of the Government.
The subjects of application are cadres, civil servants, public employees and workers specified in Point a, Point b and Point c, Clause 1, Article 2, Decree No. 178/2024/ND-CP, specifically:
Cadres, civil servants, leaders, managers and civil servants; commune-level cadres and civil servants; 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 policies as civil servants.
Cases not yet considered for resignation include:
Female cadres, civil servants, public employees and workers who are pregnant, on maternity leave, or raising children under 36 months old, except in cases where individuals voluntarily quit their jobs.
Those who are under disciplinary review or criminal prosecution or are being inspected or examined due to signs of violations.
On how to determine the time and monthly salary to calculate policies and benefits:
Pursuant to Article 5 of Decree No. 178/2024/ND-CP and Article 3 of Circular No. 01/2025/TT-BNV.
About policy calculation:
- Cadres, civil servants, public employees and workers enjoy early retirement policies and regimes according to Article 7 of Decree No. 178/2024/ND-CP and Article 4 of Circular No. 01/2025/TT-BNV.
- Officials and civil servants enjoy the severance policy according to Article 9 of Decree No. 178/2024/ND-CP and Article 5 of Circular No. 01/2025/TT-BNV.
- Officials and employees enjoy the severance policy according to Article 10 of Decree No. 178/2024/ND-CP and Article 6 of Circular No. 01/2025/TT-BNV. III.
About the process, documents, and implementation time
- Implementation process
Step 1:Develop an annual plan to implement policies and regimes for early retirement and severance pay according to Decree 178/2024/ND-CP.
The head of the agency or unit shall develop a plan to implement policies and regimes for early retirement and severance pay for the following year (from 2026 onwards) and submit it to the direct superior for approval (before December 31 of each year).
Step 2:Decide on policy retirement, early retirement, and job termination according to Decree 178/2024/ND-CP.
Based on the decision to reorganize the apparatus and administrative units, agencies, units and localities review and identify eligible subjects to enjoy early retirement and resignation policies according to Decree No. 178/2024/ND-CP. Request the Directors of provincial departments, branches and sectors; Heads of public service units of the province; Chairmen of People's Committees of districts, cities and towns to decide on retirement policies for each subject.
For cases under the management of the Provincial Party Committee Standing Committee, agencies and units will synthesize and send to the Department of Home Affairs for consultation and submission to the Provincial People's Committee for decision on policy leave after receiving opinions from the Provincial Party Committee Standing Committee.
Agencies, units and localities are responsible before the Chairman of the Provincial People's Committee and before the law for the subjects and records of beneficiaries of policies and regimes according to Decree No. 178/2024/ND-CP within their scope of management.
Step 3:Approve funding for subjects retiring according to policies, early retirement regimes, and resignation according to Decree 178/2024/ND-CP.
Directors of provincial departments, branches and sectors; Heads of public service units of the province; Chairmen of People's Committees of districts, cities and towns prepare dossiers, subjects and implementation budgets and send them to the Department of Home Affairs for appraisal, synthesize and send them to the Department of Finance to advise the Provincial People's Committee to approve implementation budgets.
- Records of policy and regime implementation:
a) Documents approving annual policy and regime implementation plans: 1 set includes:
- Submission requesting approval of the plan to implement policies and regimes for the following year;
- Quantity and budget estimate for implementing policies and regimes (according to form 01);
- Decision to evaluate cadres, civil servants, public employees and workers to reorganize the apparatus, implement policies and regimes according to Decree No. 178/2024/ND-CP, attached with the meeting minutes (for cases of leave based on evaluation).
b) Decision on leave according to policies and regimes of Decree No. 178/2024/ND-CP:1 set (2 sets for the Provincial Party Standing Committee) including:
- Report of the agency, unit, or locality clearly stating the number of subjects retiring before the retirement age, voluntarily resigning, or being subject to retirement according to the criteria and results of quality review;
- List and budget estimate for implementing policies and regimes for beneficiaries of policies (according to forms 02, 03);
- Decision on organizational arrangement and administrative unit arrangement of competent authority;
- Minutes of the meeting to review policy leave subjects of agencies, units, and localities (clearly stating the following contents: arrangement of the organizational structure of agencies, units, and localities; subjects voluntarily leaving or subjects assessed according to criteria and results of quality review; opinions of meeting participants; meeting results);
- Decision with attached list of cadres, civil servants, public employees and workers identified as subjects to be laid off (original);
- Personal profile:
+ Application for early retirement, resignation (in case of voluntary resignation), with the consent of the Head of the agency, unit, or locality (according to form 04);
+ Personal assessment (in case of leave, assessment according to criteria and quality review results);
+ Recruitment decision; Labor contract decision attached with first Labor contract;
+ Decision on appointment or approval of leadership and management positions; decision on transfer and assignment of competent authorities;
+ Decide on current salary and related allowances;
+ Record of the individual's social insurance payment process issued by the social insurance agency up to the time of retirement (original);
c) Application for funding: 1 set including:
- Submission and list with attached budget for the number of beneficiaries of the policy (according to attached forms 02 and 03);
- Decision to resign of the subject;
- Personal records according to the instructions at Point b, Clause 2 of this section.
About implementation time:
The Department of Home Affairs' guidance states: Policies and regimes prescribed in Decree No. 178/2024/ND-CP will be implemented from January 1, 2025.
The settlement of regimes according to Decree No. 178/2024/ND-CP is carried out monthly (once a month).
Periodically, before the 5th day of each month, Directors of provincial departments, branches and sectors; Heads of public service units of the province; Chairmen of People's Committees of districts, cities and towns shall prepare records, lists and budgets for implementing policies for cases eligible for leave policies in the previous month and send them to the Department of Home Affairs for synthesis and submission to competent authorities for budget approval.
