Which civil servants and public employees in Vietnam will be downsized in 2023? What are the regulations on the downsizing policy in Vietnam?
Which cadres, civil servants and public employees in Vietnam will be downsized in 2023?
Pursuant to the content specified in Clause 2, Article 3 of Decree 108/2014/ND-CP, downsizing is understood as the assessment, classification, and removal from the payroll of those who are redundant, do not meet the job requirements, unable to continue to arrange other work arrangements and settle regimes and policies for those subject to downsizing.
According to that, in Article 6 of Decree 108/2014/ND-CP (amended and supplemented by Article 1 of Decree 113/2018/ND-CP, Article 1 of Decree 143/2020/ND-CP), the cases of civil servants and public employees that will be downsized in 2023 include:
No. | Case |
1 | Redundancies due to the review and rearrangement of the organizational apparatus and personnel according to the decision of the competent authority to implement the regime of autonomy and self-responsibility for tasks, finance and organizational structure and personnel; |
2 | Redundancies due to restructuring according to job position, but unable to arrange or arrange other jobs; |
3 | Not meeting the qualifications for the current position, having no other suitable positions to arrange and unable to re-train, or being arranged by another agency but voluntarily downsizing and being approved by the agency or unit directly managing it. |
4 | Having a training major that is not suitable for the position being held, so they cannot complete the assigned task but cannot arrange another job or be assigned another job but voluntarily reduce the payroll and get the agency or organization the direct management organization agrees; |
5 | Having 02 consecutive years at the time of consideration for downsizing, the cadre or civil servant has 01 year of classification of task completion and 01 year of failure to complete the task but cannot arrange another suitable job or fail to complete it. tasks in the year preceding the time of considering downsizing the payroll but voluntarily downsizing and getting approval; |
6 | Having 02 consecutive years at the time of downsizing, the public employee has 01 year of being classified as completing the task and 01 year of failing to complete the task, but cannot arrange another suitable job or fail to complete the task. in the preceding year at the time of downsizing consideration, but voluntarily reducing the number of staff and approved; |
7 | Having 02 consecutive years at the time of consideration for downsizing in each year or the preceding year, both have the total number of days off work equal to or higher than the maximum number of days off due to illness, certified by the establishment of medical examination and treatment and the social insurance agency pay the sickness allowance but voluntarily reduce the payroll and get the consent of the direct management agency; |
8 | Cadres, civil servants and public employees who lead and manage to resign from their positions due to the arrangement of the apparatus under the decision of the competent authority, voluntarily downsizing the staff and with the consent of the directly managing agency; |
9 | Officials and people working under indefinite-term labor contracts at public non-business units are assigned redundant autonomy due to organizational reorganization or rearrangement to implement the self-employment regime. owner, self-responsible for task performance, finance, organizational structure and personnel; |
10 | Cadres and civil servants appointed by competent agencies to participate in the management or authorized representative of the state capital portion in an enterprise with state capital which is redundant due to the restructuring of such enterprise; |
11 | Having worked as cadres, civil servants and public employees who have been assigned by competent agencies to work at associations assigned to payroll and state budget support to pay salaries if they fall into cases (5), (6 ), (7) above. |
Which civil servants and public employees in Vietnam will be downsized in 2023? What are the regulations on the downsizing policy in Vietnam?
What is the policy on downsizing the payroll for cadres, civil servants and public employees in Vietnam?
Pursuant to Article 8 of Decree 108/2014/ND-CP (amended by Article 1 of Decree 143/2020/ND-CP)
The policy on downsizing the payroll for cadres, civil servants and public employees is determined as follows:
- For people who retire before age:
Cadres, civil servants and public employees who retire before their age may enjoy the following policies:
+ The pension rate is not deducted due to early retirement;
+ Retirement regime;
+ Monthly salary allowance;
- For people who move to work at organizations that do not receive regular salaries from the state budget:
+ 3 months of current salary allowance;
+ Receive 1/2 month salary allowance for each working year with social insurance contributions.
- For people who quit immediately:
+ Receive a subsidy of 03 months of current salary to find a job;
+ 1.5 month salary allowance for each year of work with social insurance premiums.
- For people who quit their jobs after learning a job:
+ To be entitled to the full current monthly salary and to be paid social insurance and health insurance premiums by agencies and units during the period of vocational training, but the maximum benefit period is 06 months;
+ To be subsidized with a vocational training budget equal to the cost of the vocational course, up to a maximum of 06 months of current salary to pay to the vocational training institution;
+ After finishing the vocational training, they will be entitled to 03 months' salary allowance currently enjoyed at the time of going to school to find a job;
+ Receive 1/2 month salary allowance for each working year with social insurance premiums;
+ During the apprenticeship period, the working time is counted continuously but not the seniority to increase the annual salary.
- For those who quit a leadership position or are appointed, elected to another position with a lower allowance for the new leadership position due to organizational arrangement:
+ To be entitled to reserve the allowance for the leading position being enjoyed until the end of the term of holding the appointed position or the end of the election term;
+ In case the position has been held according to the appointed term or the election term is less than 6 months, the remaining 06 months may be reserved.
In which case has not been considered for downsizing?
Pursuant to the provisions of Article 7 of Decree 108/2014/ND-CP on the cases that have not yet been considered for downsizing the staff as follows:
Thus, according to the above regulations, cadres, civil servants and public employees who fall into one of the three cases mentioned above will not be considered for downsizing even though they are in the case of downsizing.
Nguyễn Thị Hồng Nhung
