What are the cases of cadres and civil servants yet to be subject to downsizing in Vietnam?

What are the cases of cadres and civil servants yet to be subject to downsizing in Vietnam? (Internet image)

Regarding this issue, LawNet Lawnet as follows:

1. What are the cases of cadres and civil servants yet to be subject to downsizing in Vietnam?

According to Article 4 of Decree 29/2023/ND-CP, the subjects that have not yet implemented downsizing include:

- 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.

2. Subjects  downsizing policy in Vietnam

Subjects implementing the policy of downsizing staff according to Article 2 of Decree 29/2023/ND-CP are as follows:

(1) Officials, civil servants, and public employees; Commune-level cadres, civil servants, and people working under indefinite-term labor contracts in administrative agencies may apply the same regimes and policies as civil servants according to the Government's regulations, if they fall into 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 the 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, but the individual volunteers to be downsized 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 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 volunteers to be downsized 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 volunteer to be downsized 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, 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 year immediately preceding or in the year in which payroll reduction is considered, with the total number of days off work equal to or higher than the maximum number of sick leave days as prescribed in 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 law, the individual voluntarily reduces the payroll and is directly managed by the agency, organization, or unit;

- 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 quit in accordance with law at the time of consideration for downsizing voluntarily reduce the payroll, with the consent of the agency, organization, or unit directly under his/her management.

(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 according to the Government's regulations, which are redundant due to organizational reorganization or human resource restructuring of the unit by decision of the competent authority.

(3) People working part-time at the commune level are redundant due to the arrangement of commune-level administrative units, and those working part-time in villages and residential groups are redundant 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 by the competent authority is issued.

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