People who have been assigned new jobs are not eligible for the policy of Decree 178.

(Chinhphu.vn) - In the case of having worked at agencies and units directly implementing the arrangement (merger, consolidation, dissolution...), but having been accepted and assigned new jobs at agencies and units that did not implement the arrangement, and now wishing to resign, they are not eligible for consideration of policies and regimes according to the provisions of Decree 178.

The Ministry of Home Affairs has Official Dispatch No. 7164/BNV-TCBC on guiding some difficulties and problems when implementing Decree No. 178/2024/ND-CP and Decree No. 67/2025/ND-CP.

The Ministry of Home Affairs has sent an official dispatch to the Department of Home Affairs of Hai Phong City regarding difficulties and problems in the implementation of policies and regimes according to Decree No. 178/2024/ND-CP (amended and supplemented by a number of articles in Decree No. 67/2025/ND-CP dated March 15, 2025). This is also a common problem of many localities.

The document of the Ministry of Home Affairs focuses on clarifying specific cases related to the subjects of policy application.

Accordingly, for the subject of labor contracts, according to the Ministry of Home Affairs, based on the provisions of Point c, Clause 1, Article 2 of Decree No. 178/2024/ND-CP (amended and supplemented by a number of articles in Decree No. 67/2025/ND-CP), in the case of contract workers being janitors, drivers, security guards, technicians... are subject to the provisions of this Decree.

Therefore, these cases, after being merged, rearranged, or reorganized, are determined to be redundant and are subject to consideration and application of policies and regimes according to the provisions of Decree No. 178/2024.

For civil servants in public educational and health service units, according to the guidance of the Steering Committee on summarizing the implementation of Resolution No. 18-NQ/TW of the Government in Official Dispatch No. 68/CV-BCĐ dated May 28, 2025, in the immediate future, maintain the stability of the system of public educational and health service units in the locality, only make arrangements when really necessary and do not affect the activities serving the essential needs of local people.

Accordingly, in case of necessity and without affecting the activities serving the essential needs of the people in the locality, the locality shall merge, arrange and reorganize the affiliated public service units (including public service units in the fields of education and health) to reduce the focal points of public service units according to the requirements of Resolution No. 18-NQ/TW. The unit directly implementing the merger and consolidation plan shall be identified as the unit directly implementing the organizational arrangement to consider applying policies and regimes according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).

In the case of having worked at agencies and units directly implementing the arrangement (merger, consolidation, dissolution...), but having been accepted and assigned new jobs at agencies and units that did not implement the arrangement, and now wishing to resign, based on the provisions of Decree No. 178/2024/ND-CP (amended and supplemented by a number of articles in Decree No. 67/2025/ND-CP), they are not eligible for consideration of policies and regimes according to the provisions of this Decree.

The Ministry of Home Affairs also has instructions for some cases of commune-level leaders and civil servants who were appointed after the reorganization, but due to poor health conditions, it affects the quality of work.

Accordingly, after the newly established commune-level government (the administrative unit directly affected by the organizational arrangement as required by the Central Steering Committee on the summary of Resolution No. 18-NQ/TW) and comes into stable operation, the competent authority at the local level shall only consider and resolve the resignation according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) for cases of leaders and civil servants at the commune level whose health is not guaranteed and who cannot meet the requirements of the task to create favorable conditions for the arrangement, rotation, and appointment of young leaders and civil servants with professional qualifications, skills and practical capacity, who can immediately meet the requirements of the assigned work.

Thu Giang

Source: https://baochinhphu.vn/nguoi-da-duoc-bo-tri-cong-viec-moi-khong-thuoc-dien-huong-chinh-sach-nghi-dinh-178-10225082811045092.htm