Who is subject to downsizing from December 10, 2020 in Vietnam?

According to Clause 1 Article 1 of the Decree No. 143/2020/NĐ-CP of Vietnam’s Government, amending and supplementing Clause 1 Article 1 of the Decree No. 113/2018/NĐ-CP and Article 6 of the Decree No. 108/2014/NĐ-CP, people subject to the downsizing from December 10, 2020 include:

1. Redundant officials and public employees 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. Redundant officials and public employees 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 he/she is arranged by the agency or unit, but he/she voluntarily performs downsizing and has the consent of their direct management agencies or units.

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 he/she is arranged by the agency or unit, but he/she voluntarily performs downsizing and has the consent of their direct management agencies or units.

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 their tasks in the preceding year at the time of downsizing consideration for individuals who voluntarily perform downsizing and have the consent of their direct management agencies or units. 

6. Officials and public employees whose performance is recognized as “average” and ”poor” in 02 consecutive years but their organization is unable to offer them new jobs or fail to complete their tasks in the preceding year at the time of downsizing consideration for individuals who voluntarily perform downsizing and have the consent of their direct management agencies or units.

7. The 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 consecutively at the time of consideration for downsizing, with a total sick leave equal to or higher than the maximum leave due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance of Vietnam Which is certified by medical examination and treatment facilities and compensated by social insurance firms, but the individual voluntarily performs downsizing and has the consent of their direct management agencies or units.

8. 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.

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

10. 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.

11. 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.

12. Officials who are appointed by competent authorities to participate in the management or authorized representative of the state capital in an enterprise with state capital which is redundant due to the restructuring of such enterprises.

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

>>> View more: Extending the time limit for payroll downsizing policy until the end of December 31, 2030 in Vietnam.

Le Vy

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