Subjects of downsizing from July 20, 2023 in Vietnam

Subject of downsizing from July 20, 2023 in Vietnam (Internet image)

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

1. Subjects of downsizing from July 20, 2023 in Vietnam

Subjects implementing the policy of downsizing from July 20, 2023, as defined in Article 2 of Decree 29/2023/ND-CP, include:

(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 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 position, but unable to arrange or arrange another job, but the individual voluntarily reduces the payroll and is approved by the direct management agency, organization, or unit;

- Having not reached the training level according to the prescribed professional and 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, 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 rating at the level of task completion and 01 year of failure to complete the task but cannot arrange other suitable jobs; in the preceding year or in the year in which the downsizing is considered, the quality is rated at the level of task completion or below, but the individual voluntarily performs the downsizing and is approved by the agency, organization, or unit directly managing it;

- 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 as prescribed in Clause 1, Article 26 of the Law on Social Insurance, certified by the Social Insurance agency for payment of sickness benefits in accordance with current law, the individual voluntarily reduces the payroll and is directly managed by the agency, organization, or unit. idea;

- 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 the 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 on the list of job positions and professional titles, and job positions, professional titles, and common professional titles in public non-business units are, according to the Government's regulations, redundant due to organizational reorganization or human resource restructuring of the unit by decision of the competent authority.

(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.

2. Subjects not subject to downsizing as of July 20, 2023 in Vietnam

- Persons who are pregnant, on maternity leave, or nursing a child under 36 months of age, except for individuals who voluntarily downsize their payroll.

- Those who are in the process of disciplinary consideration, criminal prosecution, or being inspected or examined for signs of violation.

(Article 4 of Decree 29/2023/ND-CP)

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