Implementing Downsizing of Staffing When Vietnamese Official and Public Employee Voluntarily Resign

Supplementing 04 Cases of Streamlining for Officials and Public Employees

Supplementing 04 cases of streamlining for officials and public employees within the establishment and commune-level CBCC (officials and public employees) receiving salaries from the state budget or public service provider's salary fund according to legal regulations.

In general, the cases supplemented in the Draft Decree all mention the voluntary resignation of such officials and public employees when the individual no longer meets the professional competence to continue performing the job and also does not seek to be assigned to other job positions. To be specific:

- Officials and public employees according to the job position proposal requiring retraining to standardize expertise or needing to switch to another job position but the individual does not have the need, voluntarily implements streamlining and is agreed upon by the direct managing and using agency or unit;- Officials and public employees with a training specialty not suitable for the current job position, thereby limited in the capacity to complete assigned tasks, can be reassigned to another job but the individual does not have the need, voluntarily implements streamlining and is agreed upon by the direct managing and using agency or unit;- Officials and public employees rated as not completing the task in the immediate preceding year at the time of streamlining, with the direct managing and using agency evaluating that it is difficult for the individual to continue fulfilling the task due to limited capacity, and the individual voluntarily implements streamlining and is agreed upon by the direct managing and using agency or unit;- Officials and public employees holding leadership positions, due to organizational restructuring, cease holding leadership positions, with less than 03 years of work remaining, and the individual voluntarily implements streamlining and is agreed upon by the direct managing and using agency or unit.

Additionally, the following subjects are also listed and supplemented into the case of streamlining:

- Those who were officials and public employees mandated or rotated to work at associations assigned with payroll and state budget support for salary payments if:- For two consecutive years immediately preceding the streamlining consideration, CBCC is classified and rated as completing tasks but with limited capacity or having 01 year of completing tasks but with limited capacity and 01 year of not completing tasks but cannot be assigned another suitable job;- For two consecutive years immediately preceding the streamlining consideration, VC has 01 year classified and rated as completing tasks and 01 year of not completing tasks but cannot be assigned another suitable job;- For two consecutive years immediately preceding the streamlining consideration, every year having the maximum number of leave days due to illness according to Clause 1, Article 23 of the Social Insurance Law, with verification from the health care facility and the Social Insurance agency paying sickness benefits as per current regulations.- Non-specialized activities at the commune, village, and residential group levels are eliminated due to the reorganization of the organizational apparatus or due to the reduction of the number of non-specialized workers at the commune, village, and residential group levels as decided by the competent authority.

See the full text of the Draft Decree amending and supplementing Decree 108/2014/ND-CP on streamlining policies.

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