Decree 29/2023/ND-CP stipulates the subjects, principles, policies on streamlining payroll and responsibilities for implementing staff streamlining in agencies, organizations, public service units of the Party, State, and socio-political organizations from the central to communal levels.
According to Article 2 of Decree 29/2023/ND-CP, the subjects implementing the policy of streamlining payroll are:
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.
Thus, the redundant cadres, civil servants and public employees due to staff streamlining are determined to include 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.
According to Article 4 of Decree 29/2023/ND-CP, the following cadres, civil servants and public employees will not be subject to staff streamlining: Those who are pregnant, on maternity leave, or raising children under 36 months old, except in cases where individuals voluntarily downsize their staff.
Those who are under disciplinary review or criminal prosecution or are being inspected or examined due to signs of violations.