Official: Decree 29/2023/ND-CP on downsizing in Vietnam

Official: Decree 29/2023/ND-CP on downsizing in Vietnam (Internet image)

The Government of Vietnam issued Decree 29/2023/ND-CP dated June 3, 2023 on downsizing.

Decree 29/2023/NĐ-CP

There are 03 groups subjects to downsizing under Article 2 of Decree 29/2023/ND-CP as follows:

(1) Officials, civil servants, and public employees; commune-level cadres and civil servants; and people working under indefinite-term labor contracts in administrative agencies are entitled to 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, but the individual volunteers for downsizing and is approved by the agency, organization, or unit directly under his/her management;

- They have not reached the training level according to professional standards and regulations for the current position, but do not have another suitable job position to arrange and are not able to re-train for standardization in professional skills or be assigned another job by another agency, but the individual volunteers for downsizing 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 rating at the level of task completion and 01 year of failure to complete the task but cannot arrange other suitable jobs;

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 volunteers for downsizing 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, and in each year, the total number of days off work is equal to or higher than the maximum number of days off due to illness 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 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 the current provisions of law, individuals voluntarily reduce their staff and get the consent of their direct management agencies, organizations, or units;

- 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 being disciplined but not to the extent 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 under the list of job positions, professional titles, and general professional titles in public non-business units according to the Government's regulations, redundancy due to organizational reorganization or restructuring of the unit's human resources under decisions of competent authorities.

(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.

Decree 29/2023/ND-CP takes effect as of July 20, 2023. The regimes and policies specified in Decree 29/2023/ND-CP shall be applied until the end of December 31, 2030.

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