Issued Decree 29/2023/ND-CP on the latest staff streamlining from July 20, 2023, replacing Decree 108/2014/ND-CP?
Has Decree 29/2023/ND-CP Enacted the Latest Downsizing Since July 20, 2023, Replacing Decree 108/2014/ND-CP?
June 3, 2023, the Government of Vietnam enacted Decree 29/2023/ND-CP regulating staff reduction.
The Decree outlines the subjects, principles, staff reduction policies, and responsibilities for implementing staff reduction in agencies, organizations, and public service providers of the Communist Party, State, and socio-political organizations from the central to the commune level.
The implementation of staff reduction will follow these principles:
- Ensure the leadership of the Communist Party, and promote the supervisory role of socio-political organizations and the people during the staff reduction process.- Associate staff reduction with the organization of streamlined apparatuses that operate efficiently and effectively, restructuring and improving the quality of officials and public employees according to job positions, in line with the autonomy mechanism of the agency, organization, or unit.- Ensure the principles of democratic centralism, objectivity, fairness, publicity, transparency, and adherence to the law.- Ensure timely and complete payment of staff reduction policies in accordance with the law and efficiently use the state budget.- The head of the agency is responsible for the results of implementing staff reduction in the agency, organization, or unit under their management authority.- Individuals subject to downsizing, if re-elected or re-employed in salary-receiving agencies or organizations funded by the state budget within 60 months from the staff reduction date, must repay the received allowance to the paying agency.
Has Decree 29/2023/ND-CP Enacted the Latest Downsizing Since July 20, 2023, Replacing Decree 108/2014/ND-CP?
Who Are the Subjects of the Staff Reduction Policy?
Based on the provisions of Article 2 of Decree 29/2023/ND-CP as follows:
Subjects of the Staff Reduction Policy
1. Officials and public employees; commune-level officials and those working under indefinite labor contracts in administrative agencies applying policies similar to officials as stipulated by the Government of Vietnam, if falling into one of the following cases:
a) Redundant due to the review and reorganization of the organizational apparatus and personnel according to decisions of competent authorities, or redundant due to public service providers reorganizing their apparatus and personnel to implement the autonomy mechanism;
b) Redundant due to the reorganization of district-level and commune-level administrative units according to decisions of competent authorities;
c) Redundant due to the restructuring of officials and public employees according to job positions but unable to arrange other jobs or individuals volunteer for staff reduction and are agreed upon by the managing agency;
d) Lacking qualifications according to the professional standards for current job positions and unable to arrange appropriate jobs or retrain to meet professional standards, or individuals volunteer for staff reduction and are agreed upon by the managing agency;
e) Having one year of completing tasks and one year of not completing tasks but unable to arrange other suitable jobs, or individuals volunteer for staff reduction and are agreed upon by the managing agency;
f) Having the total number of sick leave days equal to or greater than the maximum number of sick leave days as prescribed in Clause 1, Article 26 of the Social Insurance Law for two consecutive years and individuals volunteer for staff reduction and are agreed upon by the managing agency;
g) Leading or managing officials voluntarily resigning from their positions due to organizational restructuring according to decisions of competent authorities, and individuals agree with staff reduction;
h) Officials and public employees are currently under disciplinary actions but not to the extent of dismissal and voluntarily agree with staff reduction and are agreed upon by the managing agency.
2. Individuals working under indefinite labor contracts performing specialized professional tasks on the list of job positions and professional titles in public service providers as stipulated by the Government of Vietnam, who are redundant due to the reorganization of the unit or restructuring of workforce according to decisions of competent authorities.
3. Non-professional individuals at the commune level redundant due to the reorganization of commune-level administrative units and non-professional individuals at villages and residential groups redundant due to the reorganization of villages and residential groups when re-organizing commune-level administrative units, within 12 months from the date of decision by competent authorities.
Thus, the above subjects will fall under the scope of staff reduction as stipulated in the new regulations.
When Does Decree 29/2023/ND-CP Officially Take Effect?
Regarding the validity, based on Clause 1, Article 19 of Decree 29/2023/ND-CP as follows:
Validity
1. This Decree takes effect from July 20, 2023. The policies herein are applied until December 31, 2030.
Decree 29/2023/ND-CP officially takes effect from July 20, 2023.
Accordingly, the policies under Decree 29/2023/ND-CP will be applied until December 31, 2030.
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