Responsibility of the head of the agency when streamlining the payroll in violation of regulations

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 5, Article 12 of Decree 154/2025/ND-CP (effective from June 16, 2025) stipulates that when resolving staff streamlining in violation of regulations, the head of the agency, organization or unit directly managing the subject of staff streamlining must be responsible for:

a) Notify the social insurance agency and relevant agencies to stop paying social insurance regimes and other regimes to subjects subject to staff reduction in violation of regulations; transfer to the social insurance agency the amount of money paid to the person implementing staff reduction during the period of social insurance regime (pent, social insurance allowance, health insurance card purchase fee);

b) Responsible for recovering the allowances for the staff reduction policy granted to that subject;

c) Pay to those who have streamlined the payroll the difference between salary and other benefits according to the provisions of law and the social insurance regime they have enjoyed;

d) Consider handling the responsibilities of relevant individuals; and at the same time, be responsible according to the provisions of law for not properly implementing regulations on staff streamlining.

Thus, the head of the agency when streamlining the payroll in violation of regulations has the above responsibility.