Ministry of Home Affairs answers questions about policies and regimes under Decree 178 and Decree 154

(Chinhphu.vn) - The guidelines focus on handling specific cases such as commune-level officials who are over working age, whose records lack recruitment decisions, and people who quit their jobs due to poor health, etc. to ensure rights and implement uniformly nationwide.

The Ministry of Home Affairs has Official Dispatch 6277 to answer questions about the regime and policies according to Decree 178 and Decree 154.

The Ministry of Home Affairs has just issued a document responding to the Department of Home Affairs of Lam Dong province, clarifying many difficulties in the process of implementing regimes and policies according to Decree No. 178/2024/ND-CP (on policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the reorganization of the political system) and Decree No. 154/2025/ND-CP (regulations on streamlining the payroll).

The Ministry of Home Affairs' guidance not only addresses Lam Dong province but is also an issue of concern to many provinces and cities recently, including some notable contents.

Specifically, regarding the case of the Chairman of the Commune-level Veterans Association who is past working age, the Ministry of Home Affairs said that, based on the provisions of Decree No. 178/2024/ND-CP (amended and supplemented by Decree No. 67/2025/ND-CP), the Chairman of the Commune-level Veterans Association who is past working age is not subject to this Decree.

Implementing Conclusion No. 183-KL/TW dated August 1, 2025 of the Politburo, the Secretariat and the Ministry of Home Affairs are coordinating with relevant agencies to submit to the Government for promulgation regulations on regimes and policies for cadres, civil servants, public employees and workers affected by the reorganization of the apparatus to ensure the correlation between subjects, including the subjects of application being commune-level cadres who are over working age. When the Government issues the above regulations, it will serve as a basis for local implementation.

Processing applications without recruitment decisions, prioritizing cases of poor health

In the case of resignation but the application does not have a recruitment decision, the Ministry of Home Affairs cited Articles 17 and 19 of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP) which stipulates that the consideration and decision on resignation is under the authority and responsibility of the head of the agency, organization, unit directly managing and using cadres, civil servants, public employees and local authorities.

Accordingly, the head reviews and is responsible for recruitment and employment in accordance with the provisions of law; at the same time, based on the documents still stored at the agency and information related to cadres, civil servants and public employees, it serves as a basis for determining the time to calculate the benefits and policies, ensuring the rights of cadres, civil servants and public employees in accordance with the provisions.

Regarding the determination of poor health as a basis for determining the subject of resignation, the Ministry of Home Affairs said that the Ministry has issued instructions in Document No. 4177/BNV-TCBC dated June 23, 2025. In which, it has directed to prioritize the settlement of cases of poor health due to illness (with confirmation from the medical agency or confirmation from the social insurance agency) which affects the results of performing assigned tasks.

Regarding cadres, civil servants and public employees who have retired under Decree 29/2023/ND-CP, the Ministry of Home Affairs emphasized that Decree 154/2025/ND-CP (replacing Decree 29) does not stipulate that localities are allowed to issue additional support policies for those who have reduced their payroll. Accordingly, the Department of Home Affairs of Lam Dong province is requested to advise the People's Committee of Lam Dong province to implement in accordance with regulations.

Regarding policies and regimes under Decree No. 154/2025/ND-CP , for cadres and civil servants who have enjoyed early retirement policies and are then arranged to hold the position of non-professional workers at the commune level, the Ministry of Home Affairs said that Clause 3, Article 9 of Decree No. 154/2025/ND-CP stipulates policies for people who have reached retirement age or are enjoying retirement and disability benefits.

Accordingly, cadres and civil servants who have enjoyed early retirement policies, then been arranged to hold the position of non-professional workers at the commune level and retired due to the implementation of the 2-level local government organization model, will enjoy the policies prescribed in Clause 3, Article 9 of Decree No. 154/2025/ND-CP.

For non-professional workers at the commune level who have passed the prescribed retirement age, according to the Ministry of Home Affairs, regulations on the age of non-professional workers at the commune level shall be implemented according to the provisions of Decree No. 33/2023/ND-CP; regulations of the charter of the organization of which the non-professional worker at the commune level is a member, of relevant laws and of the competent management agency.

In case the locality employs non-professional workers at the commune level who are past the retirement age as prescribed in the above documents, the non-professional workers at the commune level who quit their jobs due to the implementation of the 2-level local government organization model are eligible for policies as prescribed in Clause 3, Article 9 of Decree No. 154/2025/ND-CP.

Ministry of Home Affairs sends 34 civil servants to reinforce localities

On August 11, Minister of Home Affairs Pham Thi Thanh Tra signed Decision No. 878/QD-BNV on sending additional civil servants to localities.

Accordingly, the Ministry of Home Affairs sent 34 civil servants who are leaders and specialists of units under the Ministry to strengthen the locality to grasp the situation, guide, support and resolve issues arising at the commune level during the operation of the 2-level local government organization. Implementation period is from August 20, 2025 to October 20, 2025.

Civil servants and public employees assigned to localities have the responsibility to directly work and coordinate with the Department of Home Affairs, departments, offices and functional units of the locality to grasp the general situation; difficulties and obstacles in the process of operating the two-level local government on the results of performing state management tasks in the field of home affairs at the commune level in the area; guide and support to remove difficulties and handle arising problems and obstacles at the commune level in the field of state management of the Ministry of Home Affairs.

Carefully study relevant documents and materials to perform assigned tasks well; maintain close contact with the Ministry's Working Group and relevant units under the Ministry; proactively seek opinions from the Head of the unit and the Working Group on unclear issues or issues without regulations or instructions.

Proactively advise and propose to the Working Group and the Ministry's leaders solutions to remove difficulties, improve mechanisms, policies and procedures to improve the operational efficiency of two-level local governments.

Implement weekly periodic reporting regime and final summary report at the end of the working period to send to the Minister, as a basis for evaluation and experience drawing for the next periods.

Thu Giang

Source: https://baochinhphu.vn/bo-noi-vu-giai-dap-ve-che-do-chinh-sach-theo-nghi-dinh-178-nghi-dinh-154-102250812163417295.htm