In certain cases, due to objective or subjective reasons, officials and public employees or workers employed in administrative agencies, public service providers, or individuals holding managerial positions at companies owned by the State may be subject to downsizing in Vietnam.
Article table of contents
14 Cases of downsizing for Officials and Public Employees in Vietnam (Internet image)
According to Article 6 of Decree 108/2014/ND-CP issued by the Government of Vietnam on staffing policy, amended and supplemented by Decree 113/2018/ND-CP of the Government of Vietnam, the 14 cases of downsizing in Vietnam are specified as follows:
1. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law who are redundant due to review, organizational and personnel rearrangement as decided by competent authorities of the Communist Party, the State or due to public service providers rearranging organizations, personnel to implement policies on autonomy and self-responsibility in terms of task performance, finance, organizational structure, and personnel.
2. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law who are redundant due to the restructuring of officials and public employees according to job positions, but other jobs cannot be arranged for them.
3. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law who have not yet reached the training standards for the professional and operational qualifications required for their current job positions, but for whom there are no other suitable job positions to arrange and cannot be retrained for standardization or have been arranged for other jobs, and voluntarily implement downsizing and are agreed by the direct managing agency or unit.
4. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law whose training is not suitable for their current job positions, thus restricting their ability to complete the assigned tasks, but cannot be arranged for other jobs or have been arranged for other jobs but voluntarily implement downsizing and are agreed by the direct managing agency or unit.
5. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law who have been classified and evaluated as completing tasks but with limited capacity for two consecutive years before the time of downsizing consideration, or have completed tasks but with limited capacity for one year and did not complete tasks for another year, but cannot be arranged for other suitable jobs or did not complete tasks in the year preceding the downsizing consideration, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
However, according to Decree 90/2020/ND-CP of the Government of Vietnam on the evaluation and classification of the quality of officials and public employees effective from August 20, 2020, there are two levels of assessment: Completing tasks and Not completing tasks. Accordingly, the level of Completing tasks but with limited capacity has been abolished. Therefore, for this case, it is necessary to have guiding documents from competent authorities to apply this regulation consistently and accurately.
6. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law who have been classified and evaluated as completing tasks for one year and not completing tasks for another year within the two consecutive years before the time of downsizing consideration, but cannot be arranged for other suitable jobs or did not complete tasks in the year preceding the downsizing consideration, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
7. Officials and public employees within the staffing quota and commune-level officials receiving salaries from the state budget or the salary fund of public service providers as prescribed by law who have had the total number of days off due to sickness equal to or exceeding the maximum days off due to sickness as stipulated in Clause 1, Article 26 of the Law on Social Insurance, confirmed by medical facilities and paid sick leave benefits by the Social Insurance Agency according to current legal regulations, either for two consecutive years before the time of downsizing consideration or in the year preceding downsizing consideration, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
8. Officials and public employees in leadership or management positions who resign from their positions due to organizational rearrangement as decided by competent authorities, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
9. Individuals working under indefinite-term labor contracts in administrative agencies and public service providers not fully delegated autonomy over task performance, finance, organizational structure, and personnel, who are redundant due to organizational rearrangement as decided by competent authorities or due to public service providers rearranging organizational structures and personnel to implement policies on autonomy and self-responsibility in terms of task performance, finance, organizational structure, and personnel.
10. Employees under indefinite-term labor contracts at public service providers fully delegated autonomy over task performance, finance, organizational structure, and personnel, who are redundant due to organizational rearrangement as decided by competent authorities or due to public service providers rearranging organizational structures and personnel to implement policies on autonomy and self-responsibility in terms of task performance, finance, organizational structure, and personnel.
11. Chairpersons, members of the Members' Council, General Directors, Deputy General Directors, Directors, Deputy Directors, Chief Accountants, and Controllers of one-member limited liability companies with 100% state capital who are redundant due to equitization, assignment, sale, dissolution, merger, consolidation, division, separation, bankruptcy, or conversion to a multi-member limited liability company or conversion to a public service provider as decided by competent state authorities; redundant Directors, Deputy Directors, and Chief Accountants of state forestry and agricultural farms restructured per Decree 170/2004/ND-CP dated September 22, 2004, and Decree 200/2004/ND-CP dated December 3, 2004, of the Government of Vietnam on the restructuring, innovation, and development of state-owned forestry and agricultural farms.
12. Officials appointed by competent authorities to manage or represent the state capital portion in state-funded enterprises where restructuring leads to redundancy.
13. Individuals working within the staffing quota assigned by competent state authorities to associations, who are redundant due to organizational restructuring as decided by competent authorities.
14. Individuals who were officials or public employees reassigned to work at associations allocated staffing and state budget support for salary payments if falling into one of the following cases:
- Having been classified and evaluated as completing tasks but with limited capacity for two consecutive years before the time of downsizing consideration or completing tasks but with limited capacity for one year and not completing tasks for another year, but cannot be arranged for other suitable jobs or did not complete tasks in the year preceding downsizing consideration, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
- Having been classified and evaluated as completing tasks for one year and not completing tasks for another year within the two consecutive years before the time of downsizing consideration, but cannot be arranged for other suitable jobs or did not complete tasks in the year preceding downsizing consideration, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
- Having had the total number of days off due to sickness equal to or exceeding the maximum days off due to sickness as stipulated in Clause 1, Article 26 of the Law on Social Insurance, confirmed by medical facilities and paid sick leave benefits by the Social Insurance Agency according to current legal regulations, either for two consecutive years before the time of downsizing consideration or in the year preceding downsizing consideration, voluntarily implement downsizing and are agreed by the direct managing agency or unit.
For policies related to officials and public employees benefiting from downsizing, clients can find more details here.
Le Vy
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