Official Dispatch No. 2992/BNV-TCBC on Guidance for Implementing the Staff Streamlining Policy in 2024.
Official Dispatch 2992/BNV-TCBC guiding the implementation of the staff reduction policy in 2024
On May 28, 2024, the Ministry of Home Affairs issued Official Dispatch 2992/BNV-TCBC in 2024 guiding the staff reduction policy.
The Ministry of Home Affairs provides guidance on the staff reduction policy as follows:
- Staff reduction will not be carried out for the following cases:
(1) Those who have not met the educational standards according to professional criteria but are still assigned to work as officials and public employees or commune-level officials.
(2) Civil servants and public employees who have been evaluated as not completing their tasks for two consecutive years but still propose to solve staff reduction.
(3) Those who have not worked in areas with particularly difficult socio-economic conditions for the required period to be eligible for early retirement age reduction.
(4) Surplus civil servants and public employees due to organizational restructuring but the restructuring of the agency, organization, or unit is not clarified.
(5) Those working under labor contract policies according to Decree 111/2022/ND-CP dated December 30, 2022, of the Government of Vietnam (except for those working under indefinite-term labor contract policies in administrative agencies subject to the same policies as officials and those working under indefinite-term labor contracts performing professional tasks on the list of job positions of specialized occupational titles and job positions of shared occupational titles in public service providers).
- For commune-level officials whose election term has ended and they are not re-elected in the next term: It is proposed to implement policies according to the provisions of Clause 2, Article 62 Law on Public Officials and Civil Servants of 2008, and not subject to the entities specified in Decree 29/2023/ND-CP.
- For commune-level officials who do not meet the educational standards in the current job position according to Decree 33/2023/ND-CP dated June 10, 2023, of the Government of Vietnam regarding commune-level officials and non-specialized personnel at the commune, village, residential group levels (hereinafter called Decree 33/2023/ND-CP):
+ By August 1, 2028, they must meet the educational standards of the current job position. If the deadline is reached and they still do not meet the standards, they should retire if eligible or implement the staff reduction policy as stipulated by the Government of Vietnam.
+ However, to quickly improve the quality of the commune-level officials, those who do not meet the educational standards of their current job position as stipulated in Decree 33/2023/ND-CP and voluntarily apply for staff reduction, if the agency has a replacement source and agrees to execute the staff reduction, it will be carried out as stipulated.
Official Dispatch 2992/BNV-TCBC guiding the implementation of the staff reduction policy in 2024
Which entities are not subject to staff reduction?
Article 4 of Decree 29/2023/ND-CP specifies the entities not subject to staff reduction:
Entities not subject to staff reduction
1. Those who are pregnant, on maternity leave, or raising children under 36 months old, except when voluntarily applying for staff reduction.
2. Those under disciplinary review or facing criminal charges or under inspection, examination due to signs of violation.
Therefore, the entities not subject to staff reduction according to the above regulation include:
- Those who are pregnant
- Those on maternity leave
- Those raising children under 36 months old
- Those under disciplinary review
- Those facing criminal charges
- Those under inspection, examination due to signs of violations.
*Note: For those who are pregnant, on maternity leave, or raising children under 36 months old, they are permitted to voluntarily apply for staff reduction.
How is the budget for implementing staff reduction defined?
Article 11 of Decree 29/2023/ND-CP outlines the budget for implementing staff reduction:
- The budget to resolve staff reduction policies for subjects as defined in Clauses 1 and 3, Article 2 of Decree 29/2023/ND-CP will be provided by the state budget.
For public employees in self-financed public service providers and self-financed public service providers for recurrent expenses according to the Government of Vietnam's regulations, the budget to resolve staff reduction policies will come from the service revenue of the unit.
For workers under labor contract policies applied like officials according to the Government of Vietnam's regulations, the budget to resolve staff reduction policies will come from the regular budget of the agency or organization.
- The budget to resolve staff reduction policies for subjects specified in Clause 2, Article 2 of Decree 29/2023/ND-CP will come from regular or service revenue of the unit.
- The budget to resolve staff reduction policies for subjects specified in Clause 1, Article 18 of Decree 29/2023/ND-CP will come from the regular budget of the Association, including state budget support, membership fees, and other legal financial sources as per the law.
- The budget to resolve staff reduction policies for subjects specified in Clauses 2 and 3, Article 18 of Decree 29/2023/ND-CP will come from the financial resources for implementing policies for redundant workers of the enterprise when transferring ownership or restructuring according to the law.
- The budget to resolve staff reduction policies for subjects specified in Clause 4, Article 18 of Decree 29/2023/ND-CP will come from the regular budget of the State Financial Fund outside the state budget.
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