What are the cases in which lecturers in Vietnam are subject to downsizing?

What are the cases in which lecturers in Vietnam are subject to downsizing?

Based on Article 2 of Decree 29/2023/ND-CP, lecturers are subject to downsizing if they fall into the following cases:

- Surplus due to review and reorganization of the apparatus, personnel;

- Surplus due to reorganization of district and commune administrative units;

- Surplus due to restructuring according to job positions, but unable to arrange other jobs or able to arrange other jobs but the individual voluntarily opts for downsizing;

- Not meeting the training level according to the professional and technical standards prescribed for the current job position, but there is no other suitable job position to arrange and cannot arrange retraining to standardize professional skills, or the individual is arranged to another job but volunteers for downsizing and is agreed upon by the directly managing agency, organization, or unit;

- Having 2 consecutive years at the time of considering downsizing, the lecturer has one year of performance rating at the level of completing tasks and one year not completing tasks but unable to arrange other suitable job positions; in the preceding year or the year of considering downsizing, the performance rating is at the level of completing tasks or below, but the individual volunteers for downsizing and is agreed upon by the directly managing agency, organization, or unit;

- Having 2 consecutive years at the time of considering downsizing with the total number of leave days equal to or higher than the maximum number of days off due to illness, confirmed by the Social Insurance agency, paying sickness benefits; in the preceding year or the year of considering downsizing, the total number of leave days equal to or higher than the maximum number of sick leave days, confirmed by the Social Insurance agency, paying sickness benefits, the individual volunteers for downsizing and is agreed upon by the directly managing agency, organization, or unit;

- Lecturers holding managerial positions who cease to hold such positions due to reorganization of the apparatus and administrative units;

- Lecturers who are under disciplinary action but not to the extent of dismissal or forced resignation at the time of considering downsizing, who volunteer for downsizing, and are agreed upon by the directly managing agency, organization, or unit.

What are the cases in which lecturers in Vietnam are subject to downsizing? (Image from the Internet)

In which cases are lecturers in Vietnam not subject to downsizing?

Based on Article 4 of Decree 29/2023/ND-CP, cases not subject to downsizing are as follows:

Cases not subject to downsizing

1. Those who are pregnant, on maternity leave, or raising children under 36 months of age, except in the case of individuals voluntarily opting for downsizing.

2. Those who are under disciplinary review, investigation, or inspection due to signs of violation.

Thus, not subject to downsizing in the following cases:

- Lecturers who are pregnant, on maternity leave, or raising children under 36 months of age, except in the case of individuals voluntarily opting for downsizing.

- Lecturers who are under disciplinary review, investigation, or inspection due to signs of violation.

What are the principles of downsizing lecturers in Vietnam?

Based on Article 3 of Decree 29/2023/ND-CP, the principles of downsizing lecturers are as follows:

- Ensuring the leadership of the Communist Party, promoting the monitoring role of socio-political organizations and people in the process of downsizing.

- Linking downsizing with the reorganization of the apparatus towards streamlining, effective and efficient operation, restructuring, and improving the quality of officials and public employees according to job positions, suitable to the autonomy mechanism of the agency, organization, or unit.

- Ensuring the principles of democratic centralism, objectivity, fairness, transparency, and according to the legal regulations.

- Ensuring prompt and full implementation of downsizing policies as prescribed by law, ensuring efficient use of the state budget.

- The head must take responsibility for the results of downsizing implementation within the agency, organization, or unit under their management authority.

- Subjects of downsizing, if re-elected or re-employed in agencies, organizations, and units funded by the state budget within 60 months from the date of downsizing, must return the severance payment to the agency, organization, or unit that paid the severance.