03 SUBJECTS OF PUBLIC SECTOR DOWNSIZING FROM JULY 20, 2023
In accordance with the Decree No. 29/2023/ND-CP dated June 03, 2023 on public sector downsizing, the Government prescribes 3 subjects of public sector downsizing from July 20, 2023.
Subjects of public sector downsizing are prescribed in Article 2 as follows:
(1) Cadres, civil servants, and public employees; commune-level cadres and civil servants and persons working under indefinite-term labor contracts in administrative agencies falling into any of the following cases:
- Making redundancies due to the review and rearrangement of organizational apparatus and personnel under decisions of competent authorities or making redundancy due to the arrangement of organizational apparatus and personnel by public non-business units to implement the autonomous mechanism;
- Making redundancies due to the rearrangement of the district- or commune-level administrative units under decisions of competent authorities;
- Making redundancies due to the restructuring of cadres, civil servants and public employees according to job position but failing to offer new jobs, or offering new jobs but individuals request to take voluntary retrenchment and such requests are approved by their directly-managing agencies, organizations or units;
- Failing to meet qualifications required for the in-charge position, but the organization is unable to offer other suitable jobs and arrange re-training to standardize professional qualifications, or the organization has offered new jobs but individuals request to take voluntary retrenchment and such requests are approved by their directly-managing agencies, organizations or units;
- At the time of consideration for public sector downsizing, their annual work performance is recognized as “average” for 01 year and ”poor” for 01 year in 02 consecutive years but their organization is unable to offer them new jobs;
In the year preceding or in the year of consideration for public sector downsizing, their annual work performance is recognized as “average” or less but individuals request to take voluntary retrenchment and such requests are approved by their directly-managing agencies, organizations or units;
At the time of consideration for public sector downsizing, the total number of annual leave is equal to or higher than the maximum number of annual sick leave prescribed in Clause 1, Article 26 of the Law on Social Insurance in 02 consecutive years
In the year preceding or in the year of consideration for public sector downsizing, the total number of annual leave is equal to or higher than the maximum number of sick leave to pay sickness allowance under current regulations of law, and individuals request to take voluntary retrenchment and such requests are approved by their directly-managing agencies, organizations or units;
- Leading or managerial cadres, civil servants and public employees stop holding their posts or titles due to the arrangement of organizational apparatus and administrative units under decisions of competent authorities, and such requests are approved by their directly-managing agencies, organizations or units;
- Cadres, civil servants and public employees are in the period of being disciplined but not to the extent of being dismissed or sacked as prescribed by law provisions, and such individuals request to take voluntary retrenchment and such requests are approved by their directly-managing agencies, organizations or units.
(2) Persons working under indefinite-term labor contracts perform professional jobs on the list of job positions of professional posts and titles used in public non-business units.
(3) Part-timers at the commune level subject to redundancy due to the arrangement of commune-level administrative units and part-timers at villages and residential groups, who are on leave for 12 months from the date of issuing decisions on the arrangement by competent authorities.
Decree No. 29/2023/ND-CP takes effect on July 20, 2023. The regimes and policies specified in this Decree shall be applied until the end of December 31, 2030.
