Cases of downsizing for civil servants, public employees, and employees under contract 68 in Vietnam

Cases of downsizing for civil servants, public employees, and employees under contract 68 in Vietnam (Internet image)

Cases of downsizing for civil servants, public employees, and employees under contract 68 in Vietnam are prescribed as follows:

(1) Civil servants and public employees on the payroll receive salaries from the state budget or the salary fund of public service units according to the provisions of law and are subject to downsizing if they fall into one of the following cases:

- Redundancies due to reviewing and rearranging the organizational apparatus and personnel according to the decisions of competent agencies of the Party and State or due to public service units rearranging the organizational apparatus and personnel to implement autonomy and self-responsibility for task performance, finance, organizational structure, and personnel;

- Redundancies due to restructuring of cadres, civil servants, and public employees according to job positions but unable to arrange other jobs;

- Not meeting 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 and operations or to be assigned other jobs by agencies or units, but the individual voluntarily streamlines payroll and is approved by the agency or unit directly managing him/her;

- Having a training major that is not suitable for the job position currently held, so the assigned tasks cannot be completed but another job cannot be arranged; or the agency or unit arranges another job but the individual volunteers for downsizing and is approved by the agency or unit directly managing him/her;

- For 02 consecutive years at the time of reviewing downsizing, officials and civil servants have 01 year of quality rating at the level of completing tasks and 01 year of not completing tasks but cannot be assigned other suitable jobs or did not complete the tasks in the immediately preceding year at the time of considering downsizing, but the individual voluntarily implemented downsizing and is approved by the agency or unit directly managing him;

- With 02 consecutive years at the time of reviewing downsizing, the public employees have 01 year of quality rating at the level of completing the task and 01 year of not completing the task but cannot be assigned another suitable job or did not complete the tasks in the immediately preceding year at the time of considering downsizing, but the individual voluntarily implemented downsizing and was approved by the agency or unit directly managing him;

- With 02 consecutive years at the time of considering downsizing, in each year 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 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 the provisions of law; or in the immediately preceding year at the time of considering downsizing, the total number of days off from work is equal to or higher than the maximum number of days off due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, there is confirmation from the medical examination and treatment facility and from the Social Insurance agency to pay sickness benefits according to the provisions of law but individuals voluntarily carry out downsizing with the consent of the agency or unit directly managing them;

- Officials, civil servants, leaders, and managers resign from their positions due to organizational arrangements according to decisions of competent authorities, voluntary downsizing, and approval from the agency or unit directly managing it.

(2) People working under indefinite-term labor contracts in administrative agencies and public service units have not been given complete autonomy on task performance, finance, organizational structure, and redundant personnel due to reorganization according to the decision of the competent authority or by a public service unit reorganizing its apparatus and personnel to implement a regime of autonomy and self-responsibility for task performance, finance, apparatus organization, and personnel.

(3) Officials and people working under indefinite-term labor contracts at public service units are given complete autonomy on task performance, finance, organizational structure, and redundant personnel due to reorganization according to the decision of the competent authority or by a public service unit reorganizing its apparatus and personnel to implement a regime of autonomy and self-responsibility for task performance, finance, apparatus organization, and personnel.

>>> Benefits of civil servants and public employees, employees under contract 68 upon downsizing

Documents on downsizing policies in the above cases include:

- Minutes of meetings of all civil servants and public employees of the unit to determine subjects to be included in the unit's downsizing.

- Minutes of meetings of the leadership, party committee, and trade union on agreeing on the list of subjects to streamline the unit's payroll.

- The proposal for downsizing is attached:

• Project for annual downsizing of the unit (according to the downsizing project template).

• Forms according to Circular 31/2019/TT-BTC dated June 5, 2019 of the Ministry of Finance: Forms 1a, 1b, 1c, 1d, and Form 2.

- An excerpt list of subjects downsizing and budget estimates for implementing downsizing according to Decree 108/2014/ND-CP of the Government.

More details can be found in Official Dispatch 174/UBDT-TCCB, issued by the Committee for Ethnic Minorities on February 25, 2021.

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