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| 03 groups of subjects will be downsized from July 20, 2023. (Source: Internet) |
On June 3, 2023, the Government issued Decree 29/2023/ND-CP regulating staff streamlining.
03 groups of subjects will be downsized from July 20, 2023
Accordingly, 03 groups of subjects are subject to staff reduction according to Article 2 of Decree 29/2023/ND-CP as follows:
(1) Cadres, civil servants, public employees; commune-level cadres, civil servants and people working under indefinite-term labor contracts in administrative agencies are subject to the same regimes and policies as civil servants according to Government regulations, if they fall into one of the following cases:
- Surplus due to review and rearrangement of organizational structure and personnel according to the decision of competent authority or surplus due to public service units rearranging organizational structure and personnel to implement the autonomous mechanism;
- Surplus 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 cannot be arranged or assigned to other jobs or can be arranged to other jobs but the individual voluntarily reduces the payroll and is agreed by the agency, organization or unit directly managing them;
- Not yet meeting the training level according to the professional and technical standards prescribed for the current job position, but there is no other suitable job position to arrange and cannot arrange for retraining to standardize professional and technical skills or the agency arranges another job but the individual voluntarily implements staff streamlining and is agreed by the agency, organization or unit directly managing;
- For 2 consecutive years at the time of considering streamlining the payroll, the cadre, civil servant, or public employee has 1 year of quality classification at the level of completing the task and 1 year of not completing the task but cannot be assigned to another suitable job;
In the previous year or in the year of implementing the review of staff streamlining, the quality is classified as completing tasks or below, but the individual voluntarily implements staff streamlining and is approved by the agency, organization or unit directly managing him/her;
- There are 02 consecutive years at the time of considering streamlining the payroll in which 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 as prescribed in Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the Social Insurance agency paying sickness allowances according to current regulations of law;
In the previous year or in the year of considering streamlining the payroll, 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, with confirmation from the Social Insurance agency paying sickness allowances according to current regulations of law, the individual voluntarily conducts streamlining the payroll and is agreed by the agency, organization or unit directly managing;
- Cadres, civil servants, and public employees in leadership and management positions and titles are removed due to the reorganization of the apparatus and administrative units according to the decision of competent authorities, individuals voluntarily carry out staff streamlining and are approved by the agency, organization, or unit directly managing them;
- Cadres, civil servants and public employees who are being disciplined but not to the extent of being dismissed or forced to quit their jobs according to the provisions of law at the time of considering streamlining the payroll, individuals who voluntarily carry out streamlining the payroll, with the consent of the agency, organization or unit directly managing them.
(2) People working under indefinite-term labor contracts performing professional and technical jobs in the list of specialized job titles and shared professional job titles in public service units according to Government regulations that are redundant due to organizational rearrangement or restructuring of the unit's human resources according to the decision of the competent authority.
(3) Non-professional workers at the commune level who are redundant due to the rearrangement of commune-level administrative units and non-professional workers at the village and residential group who are redundant due to the rearrangement of villages and residential groups when rearranging commune-level administrative units must retire within 12 months from the date of the rearrangement decision by the competent authority.
Apply Decree 29/2023/ND-CP on streamlining payroll to other subjects
Apply Decree 29/2023/ND-CP on streamlining payroll to other subjects according to Article 18 as follows:
(1) People working in mass organizations assigned tasks by the Party and the State and whose funding is guaranteed by the State to perform the tasks assigned by the State fall into one of the cases specified in Points a, d, e, Clause 1, Article 2 of Decree 29/2023/ND-CP.
(2) Chairman of the company, Chairman of the Board of Members, member of the Board of Members, General Director, Director, Deputy General Director, Deputy Director, Chief Accountant, Controller (excluding General Director, Director, Deputy General Director, Deputy Director, Chief Accountant working under labor contract) in single-member limited liability companies with 100% charter capital held by the State (including: parent company of state economic group; parent company of state corporation; parent company in the parent company - subsidiary group; independent company) with surplus due to implementation:
Equitization, sale of the entire enterprise, merger, consolidation, separation, dissolution, bankruptcy or conversion into a limited liability company with two or more members or conversion into a public service unit according to the decision of a competent authority;
Directors, Deputy Directors, Chief Accountants of state-owned forestry and agricultural companies that are redundant due to restructuring according to the provisions of law.
(3) Cadres, civil servants and public employees assigned by competent authorities to represent the capital contribution in surplus enterprises due to enterprise restructuring according to decisions of competent authorities.
(4) Cadres, civil servants and public employees assigned by competent authorities to hold leadership and management positions at surplus extra-budgetary state financial funds due to the rearrangement of such funds according to decisions of competent authorities.
(5) Redundant district and commune-level cadres, civil servants and public employees due to the restructuring of district and commune-level administrative units in the 2019-2021 period that have not yet been resolved:
The Chairmen of the People's Committees of provinces and centrally run cities shall apply the provisions of Clause 1, Article 9 of Decree 29/2023/ND-CP to resolve the regimes and policies for these cases. The source of funding for this policy shall be provided by the state budget.
Responsibilities of the head of the agency, organization, or unit directly managing the subject of staff reduction
Responsibilities of the head of the agency, organization, or unit directly managing the subject of staff streamlining according to Article 12 of Decree 29/2023/ND-CP are as follows:
- Implement staff streamlining according to regulations in Decree 29/2023/ND-CP.
- Develop annual staff reduction plans according to instructions from superior management agencies.
- Make a list of subjects to be streamlined and estimate the subsidy amount for each subject to be streamlined and submit it to the competent authority for approval.
- After approval by competent authorities, implement the streamlining of staff and pay policies for each subject of staff streamlining; pay social insurance and health insurance for subjects enjoying the policy of streamlining staff as prescribed in Point a, Clause 2, Article 7 of Decree 29/2023/ND-CP.
- When handling staff reduction not in accordance with regulations, the head of the agency, organization or unit directly managing the staff reduction subject must be responsible for:
+ Notify the social insurance agency and relevant agencies to stop paying social insurance and other benefits to subjects whose payroll is downsized in violation of regulations;
Transfer to the social insurance agency the amount of funds paid to the person implementing the staff streamlining during the period of receiving social insurance benefits (pension, social insurance benefits, funds to buy health insurance cards);
+ Responsible for recovering the benefits of the streamlining policy granted to that subject;
+ Pay the person who has implemented the staff streamlining the difference between salary and other regimes as prescribed by law and the social insurance regime already enjoyed;
+ Consider handling the responsibilities of relevant individuals; at the same time, take responsibility according to the provisions of law for improper implementation of regulations on streamlining payroll.
See also Decree 29/2023/ND-CP effective from July 20, 2023. The regimes and policies prescribed in Decree 29/2023/ND-CP are applicable until December 31, 2030.
From July 20, 2023, the following decrees will expire, including:
- Decree 108/2014/ND-CP on staff streamlining policy;
- Decree 113/2018/ND-CP amending and supplementing a number of articles of Decree 108/2014/ND-CP on staff streamlining policy;
- Decree 143/2020/ND-CP amends and supplements a number of articles of Decree 108/2014/ND-CP and Decree 113/2018/ND-CP on staff streamlining policy.
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