Hanoi-Vietnam: Regulations on downsizing policies for officials and public employees

1. 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 the training standards required for the current job position with no suitable position available for arrangement and unable to undergo retraining for professional standardization or being assigned to another job by the agency, voluntarily implementing personnel streamlining and being approved by the supervisory agency or unit;

+ They have a training specialization incompatible with the current job position leading to limiting the ability to complete assigned tasks, being unable to arrange other work or being assigned to another job by the agency, voluntarily implementing personnel streamlining, and being approved by the supervisory agency or unit;

+ Officials, who are classified and evaluated as meeting the task but with limited capability for 02 consecutive years at the time of downsizing consideration or meeting the task but with limited capability for 01 year and not meeting the task but being unable to arrange suitable work for 01 year or not meeting the task in the year just before the downsizing consideration, voluntarily apply for downsizing  and being approved by the supervisory agency or unit;

+ For 02 consecutive years at the time of downsizing consideration public employee has 01 year classified as meeting the task and 01 years not meeting the task but unable to arrange suitable work or not meeting the task in the year just before the downsizing consideration voluntarily implementing personnel streamlining and being approved by the supervisory agency or unit.

+ For 02 consecutive years at the time of downsizing consideration with a total number of sick leave days equal to or higher than the maximum number of sick leave days stipulated in Clause 1, Article 26 of the Law on Social Insurance, certified by the health facility and the Social Insurance agency paying the sick leave allowance according to current legal regulations, or in the year just before the personnel streamlining review with a total number of sick leave days equal to or higher than the maximum number of sick leave days stipulated in Clause 1, Article 26 of the Law on Social Insurance, voluntarily implementing personnel streamlining and being approved by the supervisory agency or unit.

+ Leading and managerial officials and public employees relinquish positions due to organizational restructuring according to decisions from competent authorities, voluntarily implementing personnel streamlining and being approved by the supervisory agency or unit.

2. 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.

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

4. 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 of 170/2004/ND-CP on restructuring, innovating and developing State forestry plantations dated September 22, 2004 of the Government.

5. Those who are officials assigned by competent authorities to manage or represent the state capital in state-owned enterprises that are redundant due to the restructuring of that enterprise.

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

7. Those who were Vietnamese officials and public employees assigned by competent authorities to work at associations with allocated payroll and state budget supporting salary payment, if they fall under one of the cases stipulated in Points d, e, g, Clause 1, Article 6 of Decree108/2014/ND-CP.