Regime for association officials when applying for early retirement

In early 2025, Ms. Hang registered with the District Department of Home Affairs to retire early, but to date she has not yet received the public service allowance according to Decree No. 126/2024/ND-CP, affecting the basis for calculating the regime based on current salary for early retirement according to Decree No. 67/2025/ND-CP.

Ms. Hang asked, according to the provisions of Decree No. 126/2024/ND-CP dated October 8, 2024, for people of working age assigned by competent authorities to work at the association within the staffing quota assigned by competent authorities at the association assigned by the Party and State, are they entitled to the public service allowance regime according to Decree No. 34/2012/ND-CP? Which agency decides on the public service allowance regime prescribed in Decree No. 126/2024/ND-CP?

If Ms. Hang retires before receiving her public service allowance, will she be entitled to receive back pay and compensation for early retirement policies according to Decree No. 67/2025/ND-CP? If so, which agency will resolve it when the district level has ceased operations?

Regarding this issue, the Ministry of Home Affairs responded as follows:

Clause 1, Article 77 of Decree No. 138/2020/ND-CP, Point a, Clause 2, Article 40 of Decree No. 126/2024/ND-CP stipulates the recruitment, use and management of people of working age assigned and mobilized by competent authorities to work at the association according to the decision of the competent authority and those recruited within the association's payroll quota according to the provisions of the law on cadres and civil servants.

Accordingly, socio- political and professional organizations, social organizations, and socio-professional organizations shall, based on the above provisions, recruit, employ, and manage employees according to regulations.

Point a, Clause 3, Article 40 of Decree No. 126/2024/ND-CP stipulates the salary, allowance, health insurance, social insurance, remuneration, rewards, training, fostering and other regimes and policies as follows:

"People of working age who have a decision from a competent authority to assign or mobilize to work at the association and those recruited within the staffing quota assigned to the association by a competent authority shall enjoy the policies and regimes prescribed for cadres and civil servants and shall retire according to the provisions of law."

Therefore, people who regularly work at mass organizations assigned by the Party and State to perform tasks in the above regulations are entitled to public service allowances according to the provisions of Decree No. 34/2012/ND-CP and the above regimes.

Regarding policies for cadres, civil servants and public employees in implementing the organizational arrangement of the political system: For associations assigned by the Party and State at the local level to arrange, consolidate and merge the organizational apparatus in accordance with the requirements of summarizing Resolution No. 18-NQ/TW dated October 25, 2017 of the 6th Central Conference, Session XII on a number of issues on continuing to innovate and arrange the organizational apparatus of the political system to be streamlined and operate effectively and efficiently, people of working age who have a decision from a competent authority to assign and mobilize to work at the association and people recruited within the payroll quota assigned to the association by a competent authority who are subject to the provisions of Clause 3, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP dated March 15, 2025) are entitled to the following benefits: policy level according to regulations.

Government.vn

Source: https://baochinhphu.vn/che-do-voi-can-bo-hoi-khi-xin-nghi-huu-truoc-tuoi-102250519113601188.htm