New: 15 cases subject to downsizing from December 10, 2020 according to Vietnam’s Decree 142

According to Article 6 of the Decree No. 108/2014/NĐ-CP, Clauses 2, 3, 4 and 5 Article 1 of the Decree No. 113/2018/NĐ-CP, Clause 1 Article 1 of the Decree No. 143/2020/NĐ-CP of Vietnam’s Government, the following persons are subject to the downsizing applied from December 10, 2020 and expired from December 31, 2030:

1. Officials and public employees 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;

2. Officials and public employees made redundancy due to the restructuring of officials, and public employees according to their positions and failure to offer new jobs;

3. Officials and public employees fail to meet qualifications required for the in-charge position but the organization is unable to provide additional training and offer new relevant jobs or are assigned other jobs by agencies or units, but individuals voluntarily follow downsizing and are approved by agencies or units directly managing;

4. Officials and public employees whose majors are irrelevant to the current jobs resulting in poor performance but their organizations are unable to appoint them to another position or assigned other jobs by agencies or units, but individuals voluntarily follow downsizing and are approved by agencies or units directly managing;

5. Officials and public employees whose 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 or fail to complete the task in the preceding year at the time of downsizing consideration, but the individual voluntarily performs the downsizing and is approved by the agency or unit directly managing them;

6. Officials and public employees whose 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 or fail to complete the task in the preceding year at the time of downsizing consideration, but the individual voluntarily performs the downsizing and is approved by the agency or unit directly managing them;

7. Officials and public employees whose 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, or in the preceding year at the time of consideration for downsizing, officials and public employees whose 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, but the individual voluntarily follows downsizing with the consent of the agency or unit directly managing;

8. Officials and public employees who lead and manage to resign from their positions due to organizational arrangement according to decisions of competent agencies, voluntarily reduce payrolls and approved by the agency or unit directly managing;

9. 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;

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

11. 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;

12. Redundancies of Directors, Deputy Directors, Chief Accountants of State plantations or farms due to restructuring under the Decree No. 118/2014/NĐ-CP of Vietnam’s Government;

13. Officials made redundancy who are appointed as authorized representatives of the state contributions at State-owned enterprises due to restructuring;

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

15. Persons who are already officials and public employees who are assigned by competent agencies to work at associations are assigned payrolls and state budget support funds to pay salaries if they fall into one of the following cases:

- Officials and public employees with 02 consecutive years at the time of downsizing consideration, officials and public employees have 1 year of being graded quality at the level of task completion and 1 year of not completing the task but can not arrange other suitable job or failing to complete the tasks in the preceding year at the time of consideration for downsizing but the individual voluntarily undertakes the downsizing and is approved by the agency or unit directly under his/her management;

- Officials and public employees with 02 consecutive years at the time of downsizing consideration, public employees have 1 year of being classified as quality at the level of task completion and 1 year of not completing the task but cannot arrange other suitable jobs or failing to complete the tasks in the preceding year at the time of consideration for downsizing but the individual voluntarily undertakes the downsizing and is approved by the agency or unit directly under his/her management;

- Officials and public employees whose total sick leave is equal to the maximum leave stipulated in clause 1, Article 26 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, or in the preceding year at the time of consideration for downsizing, officials and public employees whose total sick leave is equal to the maximum leave stipulated in clause 1, Article 26 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, but the individual voluntarily follows downsizing with the consent of the agency or unit directly managing.

Decree No. 143/2020/NĐ-CP of Vietnam’s Government takes effect from December 10, 2020, provisions of Clause 2, 3, 4 Article 1 of this Decree come into force from January 01, 2021.

Le Hai

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