05 cases of officials and public employees not subject to the downsizing in Vietnam

Hello Ms. Minh Anh, LawNet would like to answer to question as follows:

Cases not subject to the downsizing of officials and public employees

On November 11, 2022, the Ministry of Home Affairs of Vietnam issued the Official Dispatch No. 5670/BNV-TCBC on implementation of downsizing policies.

According to this Official Dispatch, through inspecting the results of downsizing, there were a number of ministries, branches and localities that had performed downsizing for the wrong subjects, thus, the Ministry of Home Affairs of Vietnam had to request reports, explanations and propose that entities not to apply downsizing policies to officials and public employees in the following cases:

- They fail to meet qualifications required for the in-charge position but and are still assigned to work as officials or public employees at the commune-level;

- They have been evaluated for not completing their tasks for 2 consecutive years but still propose to reduce payrolls;

- They do not fulfill their duties request the reduction of payroll, but are still entitled to regular salary increases according to regulations;

- They do not have enough working time in areas with extremely difficult socio-economic conditions to reduce payroll at a retirement age lower than the retirement age under normal working conditions;

- Redundant officials and public employees due to the organizational arrangement of the apparatus but the organizational arrangement and apparatus of agencies, organizations, units cannot be clarified, etc.

Cases of officials and public employees subject to the downsizing

According to the Decree no. 108/2014/NĐ-CP of Vietnam Government, people subject to the downsizing are stipulated as follows:

- Officials and public employees under payrolls, and officials of communes receiving salaries from the State budget or salary budget of the public service providers (hereinafter referred to as “official and public employee”) shall be subject to the downsizing if:

+ They are made redundancy due to the restructuring of organizations or personnel upon requests of the competent authority of the Communist Party or the State; or the conversion of public service providers into autonomous ones;

+ They are made redundancy due to the restructuring of officials, and public employees according to their positions and failure to offer new jobs;

+ They fail to meet qualifications required for the in-charge position but the organization is unable to provide additional training and offer new relevant jobs.

+ Their majors are irrelevant to the current jobs resulting in poor performance but their organizations are unable to appoint them to another position.

+ The performance is recognized as “average but shortcomings exist” for 02 consecutive years; or their annual performance in two years is recognized as “average but shortcomings exist” and “poor” but their organization is unable to offer them new jobs.

+ The performance is recognized as “average” and ”poor” in 02 consecutive years but their organization is unable to offer them new jobs.

+ The total sick leave is equal to the maximum leave stipulated in clause 1, Article 23 of the Law on Social Insurance of Vietnam for 02 consecutive years which is certified by medical examination and treatment facilities and compensated by social insurance firms.

+ Leaders or managers resign from their positions due to organizational arrangement according to decisions of competent agencies, voluntarily reduce payrolls and are assigned by competent agencies or units.

- Redundancies of permanent employees of administrative authorities and public services providers that have yet to grant the autonomy (hereinafter referred to as autonomous public service providers) due to restructuring.

- Redundancies of public employees and permanent employees of autonomous public service providers due to restructuring.

- Redundancies of Chairman of companies, Board members, Directors General, Deputy Directors General, Directors, Deputy Directors, Chief accountants , controllers of state-owned single member limited liability companies due to privatization, transfer, sale, dissolutions, merger, amalgamation, division, separation, bankruptcy or conversion into at least two member limited liability companies or public service provider according to the Decision of competent state authorities; redundancies of Directors, Deputy Directors, Chief Accountants of State plantations or farms due to restructuring under the Decree No. 170/2004/ND-CP and Decree No. 200/2004/NĐ-CP of the Government of Vietnam.

- Officials who are appointed as authorized representatives of the state contributions at State-owned enterprises finish their tasks but do not appoint to new positions.

- Employees under payrolls of associations are on the list of redundancies for restructuring according to Decisions of competent authorities.

- Those who have been officials and public employees who have been assigned by competent agencies to work at associations are assigned payrolls and state budget support to pay salaries if they fall into one of the cases prescribed at points dd, e, g, Clause 1, Article 6 of the Decree No. 108/2014/ND-CP of the Government of Vietnam.

Regards!

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