Five Cases of Non-Implementation of Streamlining Staff as Guided in Official Dispatch 2992/BNV-TCBC
5 Cases Where Streamlining Staff Reduction is Not Implemented According to Guidelines in Official Dispatch 2992/BNV-TCBC?
On May 28, 2024, the Ministry of Home Affairs issued Official Dispatch 2992/BNV-TCBC of 2024 guiding the policy on streamlining staff reduction.
In Official Dispatch 2992/BNV-TCBC of 2024, the Ministry of Home Affairs provides guidance on the cases where staff reduction is not carried out as follows:
- Staff reduction is not implemented in the following cases:
(1) Has not met training standards according to professional, occupational standards but still assigned to work as officials and public employees or commune-level officials.
(2) Civil servants, public employees have been assessed as not completing tasks for 02 consecutive years but still propose streamlining staff reduction.
(3) Has not enough working time in areas with particularly difficult socio-economic conditions to streamline staff reduction at a retirement age lower than the retirement age under normal working conditions.
(4) Excess civil servants, public employees due to organizational restructuring but cannot clarify the organization, structure of the agency, organization, unit.
(5) Persons working according to labor contract policies under Decree 111/2022/ND-CP dated December 30, 2022, of the Government of Vietnam (except those working under indefinite-term labor contract policies in administrative agencies are applied policies, and those working under indefinite-term labor contracts performing professional, operational tasks belonging to job positions of specialized occupational titles and general occupational title job positions in public service provider units).
5 Cases Where Streamlining Staff Reduction is Not Implemented According to Guidelines in Official Dispatch 2992/BNV-TCBC?
On What Principles is Staff Reduction Based?
In Article 3 of Decree 29/2023/ND-CP, the principles of staff reduction are regulated as follows:
Principles of Staff Reduction
1. Ensure the leadership of the Communist Party, promote the supervisory role of socio-political organizations and the people in the process of implementing staff reduction.
2. Link staff reduction with organizing the apparatus in a streamlined manner, operating efficiently and effectively, and restructuring, enhancing the quality of officials and public employees according to job positions, suitable to the autonomy mechanism of agencies, organizations, units.
3. Ensure the principles of democratic centralism, objectivity, fairness, openness, transparency, and in accordance with the law.
4. Ensure timely and fully payment of policies, staff reduction policies as regulated by law, ensuring effective use of the state budget.
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The principles for staff reduction are as follows:
- Ensure the leadership of the Communist Party, promote the supervisory role of socio-political organizations and the people in the process of implementing staff reduction.
- Link staff reduction with organizing the apparatus in a streamlined manner, operating efficiently and effectively, and restructuring, enhancing the quality of officials and public employees according to job positions, suitable to the autonomy mechanism of agencies, organizations, units.
- Ensure the principles of democratic centralism, objectivity, fairness, openness, transparency, and in accordance with the law.
- Ensure timely and full payment of policies, staff reduction policies as regulated by law, ensuring effective use of the state budget.
- The head must be responsible for the results of staff reduction implementation in the agencies, organizations, units under their management authority.
- If a staff reduction subject is re-elected, re-recruited into agencies, organizations, units receiving salaries from the state budget within 60 months from the date of implementing staff reduction, they must return the allowance amount received to the agency, organization, unit that paid the allowance.
What Main Policy Groups Are There for Staff Reduction in 2024?
In Chapter II of Decree 29/2023/ND-CP, five policies for officials and public employees implementing staff reduction are regulated as follows:
- Retirement policy before age.
- Policy for transferring to work at organizations not receiving regular salary from the state budget.
- Policy for resigning.
- Retirement policy before age for excess commune-level officials due to the arrangement of commune-level administrative units with an age lower than a maximum of 10 years and a minimum of over 05 years compared to the retirement age as regulated by social insurance law.
- Policy for excess staff reduction subjects due to the reorganization of district-level, commune-level administrative units from the time there is a decision to rearrange by competent authority until before the end of the rearrangement roadmap.
Therefore, depending on the staff reduction subject, different policies will apply.
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