What policies are downsized subjects eligible for? What is the funding for downsizing in Vietnam?
What are the cases in which employees who used to hold administrative support positions and then removed from government payrolls due to government downsizing may sign employment contracts?
Pursuant to the provisions of Clause 2, Article 13 of Decree No. 111/2022/ND-CP as follows:
Transitional clauses
…
2. Employees who used to hold administrative support positions and then removed from government payrolls due to government downsizing may sign employment contracts if they still wish to work and the following requirements are fully satisfied:
a) They used to hold administrative support positions as prescribed in Article 3 of Decree No. 68/2000/ND-CP which is amended by Clause 3 Article 3 of Decree No. 161/2018/ND-CP and have resigned such positions before the day on which this Decree comes into force;
b) They are on payrolls of agencies, organizations and units and have resigned administrative support positions prescribed in Clause 2 Article 4 of this Decree before the day on which this Decree comes into force.
Thus, employees who used to hold administrative support positions and then removed from government payrolls due to government downsizing may sign employment contracts if they still wish to work and the following requirements are fully satisfied:
- They used to hold administrative support positions and have resigned such positions before February 22, 2023:
+ Persons performing professional tasks at working positions of officials at administrative agencies or public employees at public service units of which recurrent expenditure is entirely or partially funded by the State.
+ Security guards at the following agencies/units: Office of the Government, cash vaults or stores of written records valuable as cash of the State Bank of Vietnam, State Treasury, written tax records store and written customs records store.
+ Drivers of armored vehicles used for transporting money of State Bank of Vietnam and State Treasury.
- They are on payrolls of agencies, organizations and units and have resigned administrative support positions prescribed in Clause 2 Article 4 of this Decree before February 22, 2023:
+ Security guards at agencies and units: Central Office of the Communist Party of Vietnam, Office of the President, Office of the National Assembly, Office of the Government; Vaults or archives of money-equivalent prints of the State Bank of Vietnam, State Treasury, archives of tax prints, archives of customs prints;
+ Drivers of Ministers or positions and titles equivalent to Ministers or higher positions; drivers of cash transport vehicles of the State Bank of Vietnam and State Treasury;
+ Other administrative support positions at central crucial agencies and secret services according to decisions of heads of competent authorities.
What policies are downsized subjects eligible for? What is the funding for downsizing in Vietnam?
What policies are downsized subjects eligible for?
Pursuant to Chapter 2 of Decree No. 108/2014/ND-CP stipulating downsizing policies as follows:
- Early retirement
- Labor transfer to organizations unfunded by the State budget
- Resignation policies
- Benefits to former directors or those transferred to lower-ranks with lower allowances
What is the funding for downsizing in Vietnam?
Pursuant to Article 13 of Decree No. 108/2014/ND-CP (supplemented by Clause 9 Article 1 of Decree No. 113/2018/ND-CP and amended by Clause 5, Article 1 of Decree No. 143/2020/ND-CP) stipulating as follows:
Funding for downsizing
1. The funding for downsizing employees specified in clauses 1 and 2 of Article 6 hereof shall be granted by the State budget, excluding those stipulated in clause 2 of this Article.
2. The funding for the downsizing of employees who are recruited from October 29, 2003 onwards by public services providers and subject to the downsizing as stipulated in points c and d clause 1, Article 6 hereof shall be provided by the regular funding of such providers.
3. The funding for employees stipulated clauses 3 and 6, Article 6 hereof shall be provided by the regular funding of public services providers or associations.
4. The funding for the downsizing of employees stipulated Clause 4, Article 6 of Decree No. 108/2014/ND-CP and Clause 4, Article 1 of Decree No. 113/2018/ND-CP shall be provided by funds for enterprise restructure unless otherwise provided for by law.
5. Based on the project on downsizing the payroll of the ministries and branches already approved by the competent authorities, the implementation of the policy on downsizing the current year's payroll and the plan on implementing the downsizing in the plan year, the Ministries and sectors shall elaborate budget estimates for implementation of the policy on downsizing staffing in the plan year, summarize them in the annual state budget estimates, and send them to financial agencies of the same level and submit them to competent authorities for arrangement and assignment of budget estimates for downsizing in annual estimates of ministries and branches.
6. Based on the project on downsizing the local staff already approved by the competent authority, the implementation of the policy on downsizing the current year's payroll and the plan on implementing the downsizing in the plan year, the localities shall Method of formulating budget estimates for implementation of the policy of downsizing the payroll in the plan year, synthesizing it into the demand for wage reform in the annual state budget estimate.
Thus, the funding for downsizing is applied according to the above provisions.
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