To remove 3 subjects of downsizing policy in Vietnam (proposal)

To remove 3 subjects of downsizing policy in Vietnam (proposal) (Internet image) 

Draft Decree on downsizing policy in Vietnam

Report of the Draft Decree on staff streamlining policy

1. To remove 3 subjects of downsizing policy in Vietnam (Proposal)

According to the draft Decree, objects of downsizing include:

- Officials and civil servants from the central to the commune level.

- Officials in public service units.

- Cadres, civil servants, and public employees are rotated by competent agencies of the Party and State to hold key positions at Mass Associations assigned tasks by the Party and State.

- Officials, civil servants, and public employees appointed by competent authorities as authorized representatives for state capital in state-owned enterprises.

Thus, compared to the provisions in the old Decrees, the draft proposes to remove the following subjects of streamlining staff:

(1) Contract labor;

(2) Company President, Member of the Board of Members, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant, Controller in single-member limited liability companies owned by the State or political organizations or socio-political organizations (excluding General Director, Deputy General Director, Chief Accountant working under labor contract regime);

(3) People working on the payroll assigned by competent state agencies to associations.

2. Cases of downsizing according to the draft Decree on downsizing policy in Vietnam

Cases of downsizing according to the draft Decree on downsizing policy include:

(1) Cadres, civil servants, public employees, and 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:

- Redundancies 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 redundancies due to public service units
to implement the autonomy mechanism;

- Redundancies due to restructuring of cadres, civil servants, and public employees according to job positions but unable to arrange other jobs;

- Civil servants and public employees have not met the training level according to the professional and professional standards prescribed for the job position they are holding, but there is no other suitable job position to arrange and cannot arrange retraining to standardize expertise and operations, or other job placement agencies or individuals voluntarily streamline payroll and are approved by the agency or unit directly managing them;

- For 02 consecutive years at the time of reviewing payroll streamlining, officers, civil servants, and public employees have had 01 year of quality being classified at the level of completing tasks and 01 year of not completing tasks but cannot arrange other suitable jobs or do not complete the tasks in the immediately preceding year at the time of considering downsizing, but the individual voluntarily performs downsizing and is approved by the agency or unit directly managing it;

- There are 02 consecutive years at the time of considering downsizing, in each year the total number of days off from 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, with confirmation from the medical examination and treatment facility and the Social Insurance agency to pay sickness benefits according to current provisions of law or in the immediately preceding year at the time of considering downsizing, the total number of days off from 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, individuals who voluntarily choose to be downsized and are approved by the agency or unit directly managing them;

- Officials, civil servants, leaders, and managers resign from holding positions and titles due to organizational arrangements and administrative units according to the decision of the competent authority, voluntarily implement payroll streamlining with the consent of the directly managing agency or unit;

- While being disciplined in one of the forms of reprimand or warning according to the decision of the competent authority, individuals voluntarily consent to being downsized with the consent of the agency or unit directly managing them.

(2) People who are already officials, civil servants, and public employees are rotated by competent agencies to hold key positions at associations assigned by the Party and State if they fall into one of the cases specified in Points a, d, dd, Clause 1, Article 5 of this Decree.

(3) Persons who are officials and civil servants appointed by competent authorities to participate in the management or authorized representatives of state capital in state-owned enterprises that are redundant due to the restructuring of that enterprise.

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