What are the subjects of the downsizing policy under Decree 29 in Vietnam?

What are the subjects of the downsizing policy under Decree 29 in Vietnam?

According to Article 2 of Decree 29/2023/ND-CP, the subjects who will implement the policy of downsizing the payroll include:

- Group 1: Cadres, 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 it is in 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 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, 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, 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 year immediately preceding 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, certified by the Social Insurance Agency for payment of sickness benefits according to current regulations of law, individuals voluntarily reduce their payroll and are approved by agencies, organizations, and units directly under their management;

+ 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.

- Group 2: People 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 redundant Government regulations due to reorganization or restructuring of the human resources of the unit under the decision of the competent authority.

- Group 3: Those who work part-time at commune level who have a surplus due to the arrangement of commune-level administrative units 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.

06 principles for implementing downsizing policies

The implementation of the downsizing policy must ensure compliance with the principles specified in Article 3 of Decree 29/2023/ND-CP, specifically 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 reorganizing the apparatus towards leanness, effective and efficient operation, and restructuring, improving the quality of the contingent of cadres, civil servants, and public employees according to their 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) For subjects of downsizing, if they are elected or re-recruited into agencies, organizations, or units receiving salaries from the state budget within 60 months from the date of downsizing, they must return the received subsidy amount to the agency, organization, or unit that has paid the subsidy.

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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