Are teachers who has kids subject to staffing reductions in Vietnam?

Are teachers who has kids subject to staffing reductions in Vietnam?

Pursuant to Clause 1, Article 4 of Decree 29/2023/ND-CP, the subjects who are not yet subject to staff reduction are as follows:

Subjects not yet subject to staff reduction

1. Those who are pregnant, on maternity leave, raising children under 36 months old, except in cases of voluntary staff reduction.

2. Those who are in the process of disciplinary consideration or criminal liability investigation or under inspection due to signs of violation.

Thus, those who are raising children under 36 months old fall into the category of not yet subject to staff reduction.

Therefore, teachers raising children under 36 months old, if in the case of staff reduction, will not be subject to staff reduction yet.

Are teachers who has kids subject to staffing reductions in Vietnam? (Image from Internet)

In which cases are teachers subject to staff reduction in Vietnam?

Pursuant to Article 2 of Decree 29/2023/ND-CP, teachers are subject to staff reduction in the following cases:

- Surplus due to reviewing and reorganizing the apparatus and personnel;

- Surplus due to reorganizing district and commune-level administrative units;

- Surplus due to restructuring according to job positions, but cannot be reassigned to other jobs or can be reassigned to other jobs but voluntarily undertakes staff reduction;

- Does not meet the training level standards for the current job position, but there is no other suitable job position to be reassigned, and retraining to meet professional standards is not possible or has been reassigned to another job but voluntarily undertakes staff reduction and is agreed upon by the managing agency, organization, or unit;

- For two consecutive years at the time of staff reduction consideration, the teacher has one year of quality rating at the level of completing tasks and one year of not completing tasks but cannot be assigned to another suitable job; in the previous adjacent year or the year of implementing staff reduction, the quality rating is at the level of completing tasks or below but voluntarily undertakes staff reduction and is agreed upon by the managing agency, organization, or unit;

- For two consecutive years at the time of staff reduction consideration, each year has a total number of work absence days equal to or higher than the maximum number of sick leave days confirmed by the Social Insurance agency; in the previous adjacent year or the year of implementing staff reduction, the total number of work absence days is equal to or higher than the maximum number of sick leave days confirmed by the Social Insurance agency, and voluntarily undertakes staff reduction and is agreed upon by the managing agency, organization, or unit;

- Teachers holding managerial positions stop holding positions due to the reorganization of the apparatus, administrative units;

- Teachers are in the process of being disciplined but not to the extent of being dismissed or forced to quit at the time of staff reduction consideration, and voluntarily undertake staff reduction, agreed upon by the managing agency, organization, or unit.

What principles must be followed for teacher staff reduction in Vietnam?

Pursuant to Article 3 of Decree 29/2023/ND-CP, teacher staff reduction must follow these principles:

- Ensure the leadership of the Communist Party, promote the supervisory role of political-social organizations, and the people during the process of staff reduction.

- Link staff reduction with reorganizing the apparatus towards streamlined, effective, and efficient operation, restructuring, improving 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, publicity, transparency, and compliance with the law.

- Ensure the timely and sufficient payment of policies related to staff reduction as prescribed by law, ensuring effective use of state budget funds.

- The head of the agency is responsible for the results of staff reduction implementation within the managed agency, organization, or unit according to their authority.

- Subjects of staff reduction, if re-elected or re-employed in agencies, organizations, units receiving salary from the state budget within 60 months from the date of implementing staff reduction, must refund the received allowance to the paying agency, organization, or unit.