The Ministry of Home Affairs has issued Document No. 1814/BNV-TCBC guiding the implementation of Decree No. 178/2024/ND-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/ND-CP dated March 15, 2025) on policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system.
How to identify management and employee targets
According to the guidance of the Ministry of Home Affairs, the subjects applying policies and regimes under Decree No. 178/2024/ND-CP are implemented uniformly according to the provisions of Article 2, not excluding those who have decided to retire or have received a retirement notice.
The Ministry of Home Affairs also pointed out that cadres, civil servants, and public employees in charge of leadership and management as prescribed in Point g, Clause 1, Article 2 of Decree No. 178/2024/ND-CP are subjects directly affected by the organizational arrangement of the political system when the total number of cadres, civil servants, and public employees in charge of leadership and management at the same level is higher than the prescribed number.
In case the total number of deputies is lower than the regulation, the cadres, civil servants, and public employees in leadership and management positions in agencies, organizations, and units that do not directly reorganize the apparatus are not directly affected by the reorganization of the apparatus to enjoy the regimes and policies according to Decree No. 178/2024/ND-CP.
The Ministry of Home Affairs also provides guidance on determining employees working under labor contracts who are entitled to the regimes and policies in Clause 1, Article 2 of Decree No. 178/2024/ND-CP. These are employees working in agencies, organizations, and units due to organizational restructuring and having signed labor contracts under Decree No. 68/2000/ND-CP before January 15, 2019 (the effective date of Decree No. 161/2018/ND-CP dated November 29, 2018 of the Government ), who are transferred to sign labor contracts under Decree No. 161/2018/ND-CP and Decree No. 111/2022/ND-CP.
As for employees who signed a labor contract under Decree No. 68/2000/ND-CP before January 15, 2019 and have terminated the labor contract (stopped working and did not pay social insurance in agencies and units of the Party, State, and socio-political organizations); then signed a labor contract under Decree No. 161/2018/ND-CP or Decree No. 111/2022/ND-CP after January 15, 2019, they are not subject to the provisions of Point c, Clause 1, Article 2 of Decree No. 178/2024/ND-CP.
Commune, district and association level officials
According to the guidance of the Ministry of Home Affairs, the time for district-level cadres who are subject to regulations in Clause 4, Article 2 of Decree No. 178/2024/ND-CP to take leave to enjoy policies and regimes is calculated from the time the district level ends its activities according to the decision of the competent authority.
Commune-level cadres and civil servants who retire after January 1, 2025 due to the reorganization of district- and commune-level administrative units in the 2021-2019 and 2023-2025 periods according to the Resolution of the National Assembly Standing Committee shall be subject to the provisions of Point b, Clause 1, Article 2 of Decree No. 178/2024/ND-CP.
For associations assigned by the Party and State at the central, provincial and district levels to reorganize, consolidate and merge their organizational apparatus in accordance with the requirements of the summary of Resolution No. 18-NQ/CP, 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 are subjects specified in Clause 3, Article 2 of Decree No. 178/2024/ND-CP.
Special cases
The Ministry of Home Affairs also provides guidance on identifying subjects for cadres, civil servants, public employees and workers who have worked for 15 years or more in arduous, toxic, dangerous or especially arduous, toxic, dangerous jobs or have worked for 15 years or more in areas with particularly difficult socio-economic conditions.
In case of having 15 years or more working in a arduous, toxic, dangerous or especially arduous, toxic, dangerous job or having 15 years or more working in an area with particularly difficult socio-economic conditions (including working time in areas with regional allowance coefficient of 0.7 or higher before January 1, 2021) and having reached the retirement age as prescribed in Clause 3, Article 169 of the Labor Code, if having 20 years or more of compulsory social insurance payment, they are eligible to retire and receive pension according to the provisions of the Law on Social Insurance 2014, not subject to the application of Decree No. 178/2024/ND-CP.
For civil servants and employees who are directly affected by the transfer of state management tasks on drug addiction treatment and post-drug addiction treatment from the Ministry of Labor, War Invalids and Social Affairs to the Ministry of Public Security but are not accepted by the Ministry of Public Security, cannot be assigned other jobs and wish to quit their jobs, the Ministry of Home Affairs clearly states that the Provincial People's Committee is responsible for resolving policies and regimes according to the provisions of Decree No. 178/2024/ND-CP.
The commune remains unchanged and still enjoys the regime according to Decree 178/2024/ND-CP
In Official Dispatch No. 2034/BNV-TCBC guiding the implementation of Decree No. 178/2024/ND-CP and Decree No. 67/2025/ND-CP, the Ministry of Home Affairs added guidance on implementing the policy of supporting civil servants at commune-level administrative units to remain unchanged (not rearranged).
According to the Ministry of Home Affairs, commune-level administrative units that remain unchanged (without rearrangement) will receive functions and tasks from the district level and receive tasks according to decentralization from the provincial level; at the same time, receive cadres and civil servants from the provincial and district levels along with cadres and civil servants at the commune level to arrange according to the new commune-level government model.
Officials and civil servants expected to be assigned to work in new communes are all directly affected by the implementation of organizational restructuring and are subject to Decree No. 178/2024/ND-CP.
For public service units managed by the district level, which are reorganized according to the new commune-level administrative unit, civil servants and employees working in these public service units are directly affected by the implementation of organizational restructuring, and are subject to Decree No. 178/2024/ND-CP.
If public service units managed by the district level are transferred to the commune level for management, civil servants and employees working in these public service units are not directly affected by the organizational structure arrangement and are not subject to Decree No. 178/2024/ND-CP.
Accordingly, these public service units implement staff streamlining, restructuring and improving the quality of civil servants, civil servants are subject to Decree No. 178/2024/ND-CP, excluding civil servants in education and health./.
According to VNA
Source: https://baobinhduong.vn/huong-dan-cach-xac-dinh-doi-tuong-duoc-tro-cap-nghi-huu-som-theo-nghi-dinh-178-a346673.html
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