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Can I sign a contract with another state unit when I take leave under Decree 178?

Can employees who have quit their jobs and are enjoying benefits and policies under Decree 178 sign contracts with other state agencies?

Báo Hà TĩnhBáo Hà Tĩnh30/07/2025

Ảnh minh họa - Ảnh: TTO
Illustration photo - Photo: TTO

Some questions and answers about resolving regimes and policies according to Decree 178, amended and supplemented in Decree 67.

Resigning under Decree 178 is still allowed to sign contracts with agencies and organizations.

Many workers sent questions to the Ministry of Home Affairs , saying that they worked as contract workers under Decree 111/2022 in support and service positions at administrative units and public service units and had their regimes and policies resolved under Decree 178/2024 since July 1, 2025.

They wonder if after their benefits are resolved and they quit their jobs, they can continue to sign labor contracts with the new local authorities at the commune level after the arrangement or other public service agencies and units receiving salaries from the state budget?

Responding to this content, the Ministry of Home Affairs said that in case an employee has quit his job and is entitled to policies and regimes according to the provisions of Decree 178 (amended and supplemented in Decree 67), he can still continue to sign a labor contract and work at other agencies, organizations and units according to the provisions of law.

Regarding the issue of having been resolved to retire early according to the policy in Decree 178, however, after retiring, being elected as the secretary of the neighborhood party cell, do they have to return all the allowances received according to Decree 178? The Ministry of Home Affairs said that based on the provisions of Decree 178 (amended and supplemented in Decree No. 67), commune-level cadres and civil servants who retired early and were then elected as the secretary of the village or neighborhood party cell do not have to return the allowances received.

How to determine working time in a particularly difficult area to enjoy regime 178

Ms. Pham Thi Thu Huong reflected that she was an employee working at the Office of the People's Council and People's Committee of the district from October 1989 to present. Of which, from October 1989 to March 1993, Ms. Huong's social insurance book did not show any regional allowance. From April 1993 to September 2004, the regional allowance coefficient was 0.7; from October 2004 to present, the regional allowance coefficient was 0.4.

She said she had applied for retirement benefits under Decree 178, but the agencies replied that she was not entitled to them because she had not worked for 15 years in an area with particularly difficult socio -economic conditions.

From there, she asked, is the period of work from October 1989 to September 2004 counted as 15 years of work in an area with particularly difficult socio-economic conditions? In case it is not counted as 15 years of work in an area with particularly difficult socio-economic conditions, will she be entitled to the benefits according to Decree 178?

Responding to the question of determining the working time in areas with particularly difficult socio-economic conditions before January 1, 2021, the Ministry of Home Affairs said that Circular 19/2021 promulgated the list of areas with particularly difficult socio-economic conditions.

This content serves as the basis for determining cases where retirement can be made at a lower age than the retirement age under normal working conditions.

At that time, the determination of cases of employees working in areas with particularly difficult socio-economic conditions before January 1, 2021 will be based on the working time in areas with regional allowance coefficient of 0.7 or higher to serve as the basis for determining cases of employees who can retire at a lower age under normal working conditions.

Regarding the settlement of regimes under Decree 178/2024, the Ministry of Home Affairs has issued documents guiding the implementation of Decree 178 (amended and supplemented in Decree No. 67).

In which, it is requested that ministries, branches and localities are responsible for responding, explaining and guiding the content of policies and regimes for cadres, civil servants, public employees and workers under their management in the arrangement of organizational apparatus and administrative units at all levels.

At the same time, promptly respond to people's recommendations sent on the electronic information portals of ministries, branches, localities and their agencies related to policies and regimes according to Decree 178/2024, amended and supplemented in Decree 67/2025.

Accordingly, Ms. Huong should contact the local authorities where she works to get answers and clarifications according to regulations.

Source: https://baohatinh.vn/nghi-viec-huong-che-do-theo-nghi-dinh-178-co-duoc-ky-hop-dong-voi-don-vi-nha-nuoc-khac-post292769.html


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