06 principles of downsizing cadres and civil servants from July 20, 2023 in Vietnam

06 principles of downsizing cadres and civil servants from July 20, 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 06 principles of downsizing cadres and civil servants from July 20, 2023 in Vietnam

06 principles of downsizing cadres and civil servants according to Article 3 of Decree 29/2023/ND-CP are as follows:

(1) Ensuring the leadership of the Party, promoting the supervisory role of socio-political organizations and the people in the process of downsizing.

(2) Associating downsizing the payroll with the organizational arrangement of the apparatus in the direction of leanness, effective, and efficient operation, and restructuring and improving the quality of the contingent of cadres, civil servants, and public employees according to employment positions, in line with the autonomy mechanisms of agencies, organizations, and units.

(3) Ensuring the principles of democratic centralism, objectivity, fairness, publicity, transparency, and compliance with the law.

(4) Ensuring timely and adequate payment of payroll reduction regimes and policies in accordance with the provisions of the law, and ensuring efficient use of the state budget.

(5) The head must be responsible for the results of downsizing in the agency, organization, or unit assigned to manage according to his/her competence.

(6) Subjects of downsizing if they are elected or re-recruited into agencies, organizations, and units receiving salaries from the state budget within 60 months from the date of downsizing, the subsidy amount received must be returned to the agency, organization or unit that has paid the allowance.

2. Subjects of downsizing policy in Vietnam

Subjects of downsizing policy in Vietnam according to Article 2 of Decree 29/2023/ND-CP include:

(1) Officials, civil servants, and public employees; commune-level cadres and civil servants; Persons working under indefinite-term labor contracts in administrative agencies may apply the same regimes and policies as civil servants according to the Government's regulations, if they fall into one of the following cases:

- Redundancy due to the review and rearrangement of the organizational apparatus and personnel according to decisions of competent authorities or redundancies due to the arrangement of apparatus and personnel by public non-business units to implement the autonomy mechanism;

- Redundancy due to rearrangement of administrative units at district and commune levels according to decisions of competent authorities;

- Redundancy due to restructuring of cadres, civil servants, and public employees according to job positions, but unable to arrange or arrange other jobs or other jobs can be arranged but the individual voluntarily reduces the payroll and is approved by the agency, organization, or unit directly under his/her management;

- Having not reached the training level according to the prescribed professional and professional standards for the current position, but there is no other suitable job position to arrange and they cannot be re-trained to standardize their professional skills or to get another job placement agency, the individual voluntarily reduces the payroll and is approved by the agency, organization, or unit directly under his/her management;

- Having 02 consecutive years at the time of consideration for downsizing, cadres, civil servants, and public employees have 01 year of quality classification at the level of task completion and 1 year of not completing the task but being unable to arrange another suitable job;

In the year immediately preceding or in the year in which the review of downsizing the payroll is performed, the quality is rated at the level of task completion or less, but the individual voluntarily reduces the payroll and is approved by the agency, organization, or unit directly under his/her management;

+ Having 02 consecutive years at the time of consideration for downsizing in which the total number of days off work is equal to or higher than the maximum number of days off due to illness in each year according to the provisions of Clause 1, Article 26 of the Law on Social Insurance, certified by the Social Insurance Agency for payment of sickness allowance in accordance with current provisions of law;

In the preceding year or in the year in which the downsizing is considered, the total number of days off 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; having the certification of the Social Insurance agency that pays the sickness allowance as prescribed by law, the individual voluntarily reduces the payroll and is approved by the agency, organization, or unit directly managing it;

+ Cadres, civil servants, and public employees who lead and manage to stop holding positions and titles due to organizational arrangement, administrative units according to the decision of the competent authority, the individual voluntarily reduces the payroll and is approved by the agency, organization, or unit directly under his/her management;

+ Cadres, civil servants, and public employees who are in the period of being disciplined but not yet to the point of being dismissed or forced to resign according to the provisions of law at the time of consideration for downsizing voluntarily reduce their payroll with the consent of their direct management agencies, organizations, or units.

(2) Persons working under the regime of labor contracts with indefinite terms perform professional jobs on the list of job positions and professional titles and job positions, professional titles, and common professional titles in public non-business units according to the Government's regulations that are redundant due to organizational reorganization or human resource restructuring of the unit by decision of the competent authority.

(3) Those who work part-time at the commune level who have a surplus due to the arrangement of administrative units at the commune level and those who work part-time in villages and residential groups who have a surplus due to the arrangement of villages and residential groups when arranging commune-level administrative units, leave for a period of 12 months from the date on which the decision on arrangement of the competent authority is issued.

More details can be found in Decree 29/2023/ND-CP, effective from July 20, 2023. The regimes and policies specified in Decree 29/2023/ND-CP will be applied until the end of December 31, 2030.

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