03 Cases subject to downsizing as of July 20, 2023

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On June 3, 2023, the Government issued Decree 29/2023/ND-CP regulating downsizing.

1. Cases subject to downsizing as of July 20, 2023

According to Decree 29/2023/ND-CP, cases subject to downsizing as of July 20, 2023, are as follows:

(1) Officials, civil servants, and public employees; Commune-level officials, civil servants, and people working under indefinite-term labor contracts in administrative agencies are subject to the same regimes and policies as civil servants according to the Government's regulations if they fall into one of the following cases:

- Redundancies due to reviewing and rearranging organizational apparatus and personnel according to decisions of competent authorities or redundancies due to public service units arranging organizational apparatus and personnel to implement the autonomy mechanism;

- Surplus due to rearrangement of district and commune-level administrative units according to the decisions of competent authorities;

- Redundancy due to restructuring of cadres, civil servants, and public employees according to job position, but unable to arrange other jobs or other jobs can be arranged but individuals voluntarily downsizing and approved by the agency, organization, or unit directly managing it;

- Has not met the training level according to professional and professional standards prescribed for the job position currently held, but there is no other suitable job position to arrange and cannot arrange retraining to standardize expertise, skills, or be assigned other jobs by an agency, but the individual voluntarily performs downsizing and is approved by the agency, organization, or unit directly managing it;

- For 02 consecutive years at the time of downsizing consideration, officers, civil servants, and public employees have 01 year of quality rating at the level of task completion and 01 year of not completing the task but cannot arrange other suitable jobs;

In the year immediately preceding or in the year of considering downsizing, the quality is ranked at the level of task completion or lower, but the individual voluntarily performs downsizing and is approved by the agency, organization, or unit directly managing it;

- There are 02 consecutive years at the time of considering downsizing in which each year has a total number of days off from work equal to or higher than the maximum number of days off due to illness according to the provisions of Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the Social Insurance agency to pay sickness benefits according to current provisions of law;

In the immediately preceding year or in the year when downsizing is considered, the total number of days off from work is equal to or higher than the maximum number of days off due to illness according to the provisions of Clause 1, Article 26 of Social Insurance, with confirmation from the Social Insurance Agency that only sickness benefits shall be paid in accordance with current provisions of law, the individual voluntarily performs downsizing and is approved by the agency, organization, or unit directly managing it;

- Officials, civil servants, and leadership and management officials resign from holding positions and titles due to organizational arrangements and administrative units according to the decisions of competent authorities, and individuals voluntarily perform downsizing and are approved by the agency, organization, or unit directly managing it;

- Officials, civil servants, and public employees who are being disciplined but have not been dismissed or forced to quit their jobs according to the law at the time of considering downsizing, all of whom voluntarily carry out downsizing approved by the agency, organization, or unit directly managing it.

Thus, compared to the current regulations, Decree 29/2023/ND-CP has added the following downsizing cases:

- In the event that a cadre, civil servant, or employee in the year immediately preceding or in the year of implementing downsizing is ranked in quality at the task completion level or lower, the individual voluntarily performs downsizing and is approved by the agency, organization, or unit directly managing it.

- In cases where officials, civil servants, or public employees in the year of considering downsizing have a total number of days off from work equal to or higher than the maximum number of days off due to illness according to the provisions of Clause 1 of Article 26 of the Law on Social Insurance, with confirmation from the medical examination and treatment facility and the social insurance agency to pay sickness benefits according to current provisions of law, the individual voluntarily performs downsizing and is approved by the agency, organization, or unit directly managing it.

(2) People working under an indefinite-term labor contract performing professional jobs in the list of job positions and specialized professional titles and job positions with specialized professional titles shared in public service units according to Government regulations are redundant due to organizational reorganization or restructuring of the unit's human resources according to decisions of competent authorities. permission.

(3) People working part-time at the commune level who are redundant due to the arrangement of commune-level administrative units, and people working part-time in villages and residential groups who are redundant due to the arrangement of villages and residential groups when arranging a commune-level administrative unit, leave within 12 months from the date of the arrangement decision of the competent authority.

2. Downsizing principles in Vietnam

According to Article 3 of Decree 29/2023/ND-CP, the downsizing principle is specified as follows:

- Ensure the Party's leadership, promote the supervisory role of socio-political organizations and the people during the downsizing process.

- Combine downsizing with organizational structure in the direction of streamlining effective and efficient operations and restructuring, improving the quality of cadres, civil servants, and public employees according to job positions,  consistent with the autonomy mechanisms of agencies, organizations, and units.

- Ensuring the principles of democratic centralism, objectivity, fairness, openness, transparency, and according to the provisions of law.

- Ensuring timely and complete payment of downsizing regimes and policies according to the provisions of law and ensuring effective use of the state budget.

- The leader must be responsible for the results of downsizing implementation in the agency, organization, or unit assigned to manage according to his/her authority.

- Downsizing subjects, if elected or re-recruited to agencies, organizations, and units receiving salaries from the state budget within 60 months from the date of downsizing implementation, must return the subsidy amount received to the agency, organization, or unit that paid the subsidy. Hello, the Editorial Board would like to answer as follows:

Key word: downsizing | in Vietnam | civil servant | public employees | Vietnam |

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