The Ministry of Home Affairs of Vietnam's request regarding the implementation of the downsizing policy in 2024

The Ministry of Home Affairs of Vietnam's request regarding the implementation of the downsizing policy in 2024 (Internet image)

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

The Ministry of Home Affairs of Vietnam's request regarding the implementation of the downsizing policy in 2024

In accordance with the directives of the Deputy Prime Minister of the Government in Document 3174/VPCP-TCCV dated May 10, 2024, issued by the Government Office on the implementation of the streamlined organizational structure, the Ministry of Home Affairs expresses the following opinions:

(1) It is proposed that Ministries, central authorities, and localities implement the streamlined organizational structure for officials and public employees within the scope of their management responsibilities, ensuring the correct target, application of the appropriate regulations and downsizing policy, and the prescribed procedures according to Decree 29/2023/ND-CP.

(2) During the implementation of the downsizing policy for officials and public employees, the Ministry of Home Affairs suggests paying attention to the following cases:

- Not implementing the downsizing policy in the following cases:

+ Those who have not reached the required level of professional training and expertise but are still appointed as commune-level officials and public employees

+ Officials and public employees who have been evaluated as not fulfilling their duties for two consecutive years but are still proposed for downsizing.

+ Those who have not completed the required working period in economically and socially difficult areas for downsizing at an age lower than the retirement age under normal working conditions.

+ Officials and public employees with redundant positions in the organizational structure but have not clarified the arrangement of the agency's organizational structure.

+ Individuals working under employment contracts according to Decree 111/2022/ND-CP (except for those working under indefinite-term contracts in administrative agencies who are subject to regulations and policies similar to officials and those under indefinite-term labor contracts performing specialized professional tasks listed in the occupational job positions of professional fields 2 and common job positions in public service providers),...

- For commune-level officials who have completed their elected terms and will not be re-elected for the next term: it is recommended to implement the regulations and policies according to Clause 2, Article 62 of the Law on Officials 2008 and not be subject to the regulations specified in Decree 29/2023/ND-CP.

- For commune-level officials who do not meet the required training standards for their current positions according to the regulations stated in Decree 33/2023/ND-CP: By August 1, 2028, they must meet the required training standards for their current positions. If the deadline has passed and they have not met the prescribed standards, they will either retire (if eligible) or implement the downsizing policy as stipulated by the Government.

However, in order to promptly improve the quality of the commune-level officials, if there are commune-level officials who do not meet the required training standards for their current positions according to the regulations stated in Decree 33/2023/ND-CP and volunteer for downsizing, and there are replacement sources available and the agency agrees to implement a downsizing policy, it will be carried out in accordance with the regulations.

More details can be found in Official Dispatch 2992/BNV-TCBC, issued on May 28, 2024.

Nguyen Ngoc Que Anh

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