Proposal on additional cases of cadres and civil servants being disciplined and volunteering for downsizing in Vietnam

Proposal on additional cases of cadres and civil servants being disciplined and volunteering for downsizing in Vietnam (Internet image) 

Draft Decree on downsizing policy

Report on Draft Decree on downsizing policy

Proposal on additional cases of cadres and civil servants being disciplined and volunteering for downsizing in Vietnam

According to the draft Decree, the downsizing cases in Vietnam include:

(1) Commune-level cadres, civil servants, and public employees, as well as commune-level cadres and civil servants (hereinafter collectively referred to as cadres, civil servants, and public employees), are subject to downsizing if they fall into one of the following cases:

- Redundancy due to reviewing and rearranging the organizational apparatus, administrative units, and personnel according to the decisions of competent agencies of the Party and State or surplus due to public non-business units implementing the autonomy mechanism;

- Redundancy due to the restructuring of cadres, civil servants, and public employees according to job positions, but inability to arrange or arrange other jobs;

- Civil servants and public employees who have not attained the training level according to the professional standards prescribed for the current position but there is no other suitable job position to arrange and it is not possible to arrange re-training to standardize professional skills or whose skills are voluntarily reduced by another job placement agency or individual and approved by the agency or unit directly managing it;

- Having 02 consecutive years at the time of downsizing consideration, 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 can not arrange another suitable job or failed to complete the tasks in the preceding year at the time of downsizing consideration, but the individual voluntarily undertakes the downsizing and it is approved by the agency or unit directly under his/her management;

- Having 02 consecutive years at the time of considering downsizing the payroll where 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 of Article 26 of the Law on Social Insurance, certified by the medical facility and by the Social Insurance agency to pay the sickness allowance in accordance with the current provisions of law or in the preceding year at the time of consideration for downsizing, with the total number of days off work 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, individuals voluntarily reduce their payroll and obtain the consent of their direct management agencies and units;

- Cadres, civil servants, and public employees who lead and manage to stop holding positions and titles due to organizational arrangements; administrative units that, according to the decision of the competent authority, voluntarily reduce the payroll and get the consent of the agency or unit directly managing it;

- During the time of being disciplined in one of the forms of reprimand or warning as decided by a competent authority, individuals voluntarily carry out downsizing, with the consent of their direct management agencies or units. (In case of additional proposals)

(2) Those who have been cadres, civil servants, and public employees who have been rotated by competent agencies to hold key positions at associations assigned by the Party and State if it falls into one of the cases specified at Points a, d, and e, Clause 1, Article 5 of this Decree.

(3) Persons who are cadres and civil servants appointed by competent agencies to participate in the management of or be authorized representatives of the state capital in state-owned enterprises that have surpluses due to the restructuring of that enterprise. 

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