Mr. Nguyen Minh Tri (Tay Ninh province) was born on September 20, 1965, and is a civil servant at the Department of Health.
Mr. Tri's work history is as follows: In April 1984, he was accepted to work at the Department of Health. In May 1985, the Department of Health decided to officially recruit him to the payroll. In August 1988, the agency mobilized him for military service to participate in the Cambodian battlefield.
In February 1992, he changed his profession to continue working at the Department of Health Office and was officially recruited by the Head of the Provincial Government Organization Committee (now the Department of Home Affairs) to be a driver, civil servant number: 01.010. and pay monthly salary until May 2024.
According to Mr. Tri, based on Clause 1, Article 4 of Decree No. 68/2000/ND-CP and Clause 7, Article 13 of Decree 111/2022/ND-CP stipulates: Civil servant drivers were recruited before the date of Decree No. 25/CP dated May 23, 1993 of the Government takes effect, the contract regime will not be implemented. Therefore, until May 2024, he is still on the official payroll of the Department of Health Office.
Pursuant to Decision 662/QD-UBND of the Provincial People's Committee approving the job position project for the Department of Health, in which the official payroll does not have a driver position (the driver position is a contract). workers in the service support job group).
Accordingly, at the time of downsizing , he had no desire to continue working (switched to a contract with driving duties). Because it is considered to meet the conditions prescribed in Decree No. 29/2023/ND-CP dated June 3, 2023 according to Point c, Clause 1, Article 2 of Decree No. 29/2023/ND-CP: Redundancy due to restructuring cadres, civil servants, and public employees according to their job position, but cannot arrange other jobs or can arrange other jobs but the individual voluntarily downsizes the payroll and is authorized by the agency, organization, The direct management unit agrees.
"So, can I retire before age and apply the benefits according to the provisions of Decree No. 29/2023/ND-CP?" - Mr. Tri wondered.
Regarding Mr. Nguyen Minh Tri's reflections and recommendations, feedback on the Electronic Information Portal, the Ministry of Home Affairs said that in case Mr. Nguyen Minh Tri is determined to be a civil servant, he is requested to base himself on the provisions in Clause 1, Article 2, Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government regulating payroll streamlining to report to the direct management agency to consider and resolve the implementation of payroll streamlining.
According to Lao Dong's research, Decree No. 29 stipulates that the subjects implementing the staff streamlining policy are cadres, civil servants and public employees; Commune-level officials and 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 the Government's regulations, including many schools. different cases.
In particular, there are cases of redundancy due to restructuring of cadres, civil servants and public employees according to job position, but other jobs cannot be arranged or other jobs can be arranged but the individual voluntarily Streamline staffing and obtain approval from agencies, organizations, and units directly in charge of management.
