Ms. Ho Thi Thanh's agency (name has been changed) is a public service unit that ensures a portion of regular expenses and is implementing staff streamlining according to regulations. This unit has one employee who voluntarily downsized and is entitled to immediate termination benefits.
After streamlining, Ms. Thanh's agency wanted to re-sign the contract with this official but pay the salary from the career revenue source.
"Is my agency allowed to sign such a contract and will the severance pay be refunded in this case?" - Ms. Thanh wondered.
Regarding this issue, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the Ministry of Home Affairs, the information Ms. Thanh requested to clarify whether re-signing a contract with a person who has just been downsized requires a refund of the severance pay or not, the content does not have enough basis for the Ministry of Home Affairs to respond.
However, the Ministry of Home Affairs also provided the following information for Ms. Thanh to check whether the subjects of the staff streamlining program who have enjoyed the staff streamlining policy have to return the subsidy amount they have received or not.
According to Article 3 of Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government regulating staff streamlining:
Ensure the leadership of the Party and promote the supervisory role of socio-political organizations and people in the process of streamlining the payroll.
Combining streamlining of staff with rearranging the organizational apparatus towards streamlining, effective and efficient operations and restructuring, improving the quality of the staff, civil servants and public employees according to job positions, in accordance with the autonomy mechanism of agencies, organizations and units.
Ensure the principles of democratic centralism, objectivity, fairness, openness, transparency and compliance with the law.
Ensure timely and complete payment of staff streamlining policies and regimes in accordance with the law, ensuring effective use of the state budget.
The head must be responsible for the results of streamlining the payroll in the agency, organization, or unit assigned to manage according to authority.
If the subjects of staff streamlining are elected or re-recruited to agencies, organizations, or units receiving salaries from the state budget within 60 months from the date of staff streamlining, they must return the subsidy amount received to the agency, organization, or unit that paid the subsidy.
