Latest instructions for implementing Decree 178 and Decree 67

At the request of a number of ministries, branches and localities, the Ministry of Home Affairs has issued the latest guidance on the implementation of Decree 178/2024/ND-CP and Decree 67/2025/ND-CP.

Policies and regimes in Decree 178 and Decree 67 ensure the rights and benefits of cadres, civil servants, public employees, and workers when they quit their jobs due to organizational restructuring of administrative units - Illustrative photo

Pursuant to Decree 178/2024/ND-CP (amended and supplemented by Decree 67/2025/ND-CP) 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, the Minister of Home Affairs issued Circular 01/2025/TT-BNV (amended and supplemented by Circular 02/2025/TT-BNV) guiding the implementation.

According to the Ministry of Home Affairs, the policies and regimes stipulated in Decree No. 178/2024/ND-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/ND-CP dated March 15, 2025) have contributed to the completion of the goal of streamlining the political system's apparatus, operating effectively and efficiently, associated with reducing the payroll, restructuring and improving the quality of the staff, civil servants and public employees; ensuring the rights and benefits of cadres, civil servants, public employees and employees when they leave their jobs due to the restructuring of the apparatus and administrative units at all levels of the political system.

Up to now, at the request of a number of ministries, branches and localities, the Ministry of Home Affairs has issued Official Dispatch 1814 guiding the implementation of Decree No. 178/2024/ND-CP and Decree No. 67/2025/ND-CP of the Government .

In which, the Ministry of Home Affairs provides specific guidance on determining the agencies, organizations and units directly implementing the restructuring of the apparatus; implementing the streamlining of the payroll, restructuring and improving the quality of cadres, civil servants and public employees; applicable subjects; time of deciding on the restructuring of the apparatus; on current monthly salary to calculate allowances; time of calculating allowances based on the number of years of work with social insurance contributions; on criteria for evaluating cadres, civil servants, public employees and employees; on resolving policies and regimes for cadres, civil servants, public employees and employees in agencies, organizations and units implementing dissolution and termination plans; on salary increases before early retirement.

Notably, Regarding the implementation of streamlining the payroll, restructuring and improving the quality of cadres, civil servants and public employees , the Ministry of Home Affairs guides agencies, organizations and units that do not directly implement the organizational arrangement according to the requirements of the summary of Resolution 18-NQ/TW, based on the Job Position Project, the Plan (or the Streamlining Project) approved by the competent authority, the criteria for evaluating cadres, civil servants and public employees that have been issued, the current situation of the quantity and quality of the cadres, civil servants, public employees and employees of the agency, organization or unit, the head together with the leaders of the Party Committee and the government shall evaluate and screen out of the agency, organization or unit those who do not meet the requirements of the agency, organization or unit in order to implement the goal of streamlining the payroll, restructuring and improving the quality of the cadres, civil servants and public employees as a basis for determining the beneficiaries of policies and regimes according to the provisions of the Decree. 178/2024/ND-CP (amended and supplemented by Decree 67/2025/ND-CP).

Regarding the current monthly salary to calculate the allowance , the Ministry of Home Affairs stated that Clause 6, Article 5 of Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP) and Point a, Clause 2, Article 3 of Circular No. 01/2025/TT-BNV dated January 17, 2025 (amended and supplemented in Clause 3, Article 1 of Circular No. 02/2025/TT-BNV dated April 4, 2025) clearly stipulate the current salary and allowances to calculate the current monthly salary to calculate the policies and regimes prescribed in Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP).

Accordingly: Other allowances (job responsibility allowance, toxic and dangerous allowance, regional allowance, attraction allowance, party committee responsibility allowance, chief accountant responsibility allowance, etc.) are not included in the current monthly salary.

Pursuant to Article 11 of Decree No. 178/2024/ND-CP and Clause 6, Article 5 of Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP), the reserved leadership position allowance is included in the current monthly salary.

In cases of unpaid leave or sick leave, the current monthly salary is the salary of the month immediately preceding the month of unpaid leave or sick leave. The basic salary is calculated based on the salary of the month immediately preceding the month of leave according to Decree No. 178/2024/ND-CP (amended and supplemented in Clause 3, Article 1 of Decree No. 67/2025/ND-CP).

Regarding the time of calculating the allowance based on the number of years of work with social insurance contributions , based on the provisions of Article 7 of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) and Article 4 of Circular No. 01/2025/TT-BNV dated January 17, 2025 (amended and supplemented by Clause 4, Article 1 of Circular No. 02/2025/TT-BNV dated April 4, 2025), for those who retire before the retirement age from July 1, 2025 (the effective date of the Law on Social Insurance 2024), the allowance based on the number of years of work with social insurance contributions will be as follows: In case of 15 years of work or more with compulsory social insurance contributions, the allowance will be 04 months of current salary for the first 15 years of work; From the 16th year onwards, for each year of work with mandatory social insurance payment, a subsidy of 0.5 months of current salary will be provided.

Regarding the criteria for evaluating cadres, civil servants, public employees and workers , Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) issued general principles and criteria to serve as a basis for unified application to ministries, branches and localities.

Based on the characteristics, situation and practice of each Ministry, sector and locality, the Ministries, sectors and localities develop their own criteria to apply to cadres, civil servants, public employees and workers under their management.

In case of voluntary resignation, it is also necessary to evaluate and review according to the criteria to determine the resignation subject according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

Regarding salary increase before early retirement , according to the law on civil servants and public employees, 6 months before the date civil servants and public employees reach retirement age, the agency, organization or unit must notify the civil servants and public employees about the retirement time.

Accordingly, the salary increase regime for cadres, civil servants and public employees when there is a retirement notice prescribed in Circular No. 08/2013/TT-BNV dated July 31, 2013 of the Minister of Home Affairs is applied to cadres, civil servants and public employees when there is a retirement notice as mentioned above. Therefore, cadres, civil servants and public employees who retire before the age prescribed in Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) are not eligible for an early salary increase when there is a retirement notice prescribed in Circular No. 08/2013/TT-BNV.

In the process of developing policies and regimes for cadres, civil servants, public employees and workers in the process of restructuring the apparatus of the political system, the Ministry of Home Affairs reported to competent authorities to thoroughly handle redundant commune-level cadres and public employees due to the restructuring of commune-level administrative units in the 2019-2021 period that have not yet been resolved and encouraged cadres, civil servants, public employees and commune-level cadres and public employees redundant due to the restructuring of district and commune-level administrative units in the 2023-2025 period to retire before the end of the restructuring roadmap.

Therefore, Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) stipulates that these subjects are subject to application. Therefore, Clause 1 and Clause 2, Article 25 of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) stipulates that in these cases, if the competent authority has resolved the policy according to Decree No. 29/2023/ND-CP but has not issued a decision to enjoy the policy or the time of leaving work is after January 1, 2025, the policy and regime according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP) shall be applied.

Source: https://baohungyen.vn/huong-dan-moi-nhat-thuc-hien-nghi-dinh-178-va-nghi-dinh-67-3180910.html