Guidance on Implementing the Staff Streamlining Policy of 2024 According to Official Dispatch 2992/BNV-TCBC
Official Dispatch 2992/BNV-TCBC guidelines for implementing the payroll streamlining policy in 2024
On May 28, 2024, the Ministry of Home Affairs issued Official Dispatch 2992/BNV-TCBC in 2024 guiding the payroll streamlining policy.
The Ministry of Home Affairs provides guidelines for the payroll streamlining policy as follows:
- Payroll streamlining will not be implemented for the following cases:
(1) Those who have not met the educational standards required for professional qualifications 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 failing to complete their tasks for two consecutive years but still propose to solve the payroll streamlining.
(3) Those who have not completed the required working period in areas with exceptional socio-economic difficulties to qualify for early retirement.
(4) Civil servants and public employees surplus due to organizational restructuring but the organization and machinery rearrangement of the agency, organization, or unit is not clarified.
(5) Those working under labor contract policies as per Decree 111/2022/ND-CP dated December 30, 2022, of the Government of Vietnam (except those working under indefinite-term contract policies in administrative agencies applied like officials and those working under indefinite-term labor contracts performing professional tasks included in the list of job positions for professional titles and shared professional titles in public service providers).
- For commune-level officials whose election term has expired and not re-elected for the next term: It is proposed to implement the policies according to the provisions at Clause 2, Article 62 of the Law on Cadres and Civil Servants 2008 and not subject to the provisions of Decree 29/2023/ND-CP.
- For commune-level officials not meeting the educational standards for the current job position as per the provisions of Decree 33/2023/ND-CP dated June 10, 2023, of the Government of Vietnam on commune-level officials and non-specialized activists in communes, villages, and neighborhoods: By August 1, 2028, they must meet the educational standards for the current job position. If, by the end of this period, they still do not meet the standards, they will implement retirement policies (if eligible) or payroll streamlining policies as prescribed by the Government of Vietnam. However, to early improve the quality of the commune-level official team, for those not meeting the educational standards for the current job position as prescribed in Decree 33/2023/ND-CP who voluntarily apply for payroll streamlining, if the agency has available replacements and agrees to payroll streamlining, it will be implemented as prescribed.
Guidelines for implementing payroll streamlining policy in 2024 according to Official Dispatch 2992/BNV-TCBC
Which subjects are not subject to payroll streamlining?
Article 4 of Decree 29/2023/ND-CP provides for subjects not subject to payroll streamlining as follows:
Subjects not subject to payroll streamlining
1. Those currently pregnant, on maternity leave, or raising children under 36 months old, except voluntarily streamlining.
2. Those under disciplinary consideration or criminal investigation or inspection and examination for signs of violations.
Thus, the subjects not subject to payroll streamlining include:
- Those currently pregnant
- Those on maternity leave
- Those raising children under 36 months old
- Those under disciplinary consideration
- Those under criminal investigation
- Those under inspection and examination for signs of violations
*Note: Those currently pregnant, on maternity leave, or raising children under 36 months old are permitted to volunteer for payroll streamlining.
How is the funding source for payroll streamlining defined?
Article 11 of Decree 29/2023/ND-CP stipulates the funding sources for payroll streamlining as follows:
- The funding for solving payroll streamlining policies for subjects stipulated in Clauses 1 and 3, Article 2 of Decree 29/2023/ND-CP comes from the state budget.
For public employees in public service providers self-financing recurrent and investment expenditures; public service providers self-financing recurrent expenditures according to the state's regulations, the funding is derived from the unit's operational revenue.
For those working under labor contract policies applied like officials according to state regulations, the funding is drawn from the regular funding of the organization.
- The funding for solving payroll streamlining policies for subjects stipulated in Clause 2, Article 2 of Decree 29/2023/ND-CP comes from regular funding or the unit's operational revenue.
- The funding for solving payroll streamlining policies for subjects stipulated in Clause 1, Article 18 of Decree 29/2023/ND-CP comes from the regular funding of associations, including state budget support for recurrent expenditures, membership fees, and other legal funding sources as per legal regulations.
- The funding for solving payroll streamlining policies for subjects stipulated in Clauses 2 and 3, Article 18 of Decree 29/2023/ND-CP comes from resources to implement policies for redundant labor when enterprises change ownership, restructure under legal regulations.
- The funding for solving payroll streamlining policies for subjects stipulated in Clause 4, Article 18 of Decree 29/2023/ND-CP comes from the regular funding of the off-budget financial fund.
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