Decree 29/2023/ND-CP public sector downsizing

DECREE

On public sector downsizing

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Pursuant to the Law on Organization of the Government dated June 19, 2015; The Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Social Insurance dated November 20, 2014;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees dated November 25, 2019;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree on public sector downsizing.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates the subjects, principles and policies of public sector downsizing and responsibilities for downsizing in agencies, organizations and public non-business units of the Party, State and socio-political organizations from central to commune level.

Article 2. Subjects of public sector downsizing

1. Cadres, civil servants and public employees; commune-level cadres and civil servants and persons working under indefinite-term labor contracts in administrative agencies who are eligible for the same regimes and policies as civil servants in accordance with the Government's regulations, falling into any of the following cases:

a) 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;

b) Making redundancies due to the rearrangement of district- or commune-level administrative units under decisions of competent authorities;

c) 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;

d) 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;

dd) 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;

e) 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, which is certified by the social insurance agency to pay sickness allowance under current regulations of law; 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 prescribed in Clause 1, Article 26 of the Law on Social Insurance, which is certified by the social insurance agency 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;

g) 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 individuals request to take voluntary retrenchment and such requests are approved by their directly-managing agencies, organizations or units;

h) At the time of consideration for public sector downsizing, 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 according to the Government's regulations that have redundancies due to the organizational reorganization or restructuring of such units’ human resources under decisions of competent authorities.

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 subject to redundancy due to the arrangement of villages and residential groups when arranging commune-level administrative units, who are on leave for 12 months from the date of issuing decisions on the arrangement by competent authorities.

Article 3. Principles of public sector downsizing

1. Ensuring the leadership of the Party, promoting the supervisory role of socio-political organizations and the people in the process of downsizing.

2. Associating public sector downsizing with the organizational arrangement of the apparatus towards a streamlined one with efficient and effective operation, and restructuring and improving the quality of the contingent of cadres, civil servants and public employees according to job positions, consistent with the autonomous mechanism of agencies, organizations and units.

3. Ensuring the principle of democratic centralism, objectivity, fairness, publicity, transparency and compliance with law provisions.

4. Ensuring timely and adequate payment of downsizing regimes and policies in accordance with law provisions, and effective use of the state budget.

5. Heads must take responsibility for the results of downsizing in their agencies, organizations or units assigned to manage according to their competence.

6. If subjects of downsizing are elected or re-recruited into agencies, organizations or units receiving salaries from the state budget within 60 months from the date of downsizing, they must return the received severance allowance to the agencies, organizations or units that have paid such severance allowance.

Article 4. Cases not subject to public sector downsizing

1. Persons who are pregnant, on maternity leave, and are raising children under 36 months of age, except for individuals who take voluntary retrenchment.

2. Persons who are in the period of disciplinary probation or criminal prosecution or are inspected or examined for signs of violation.

Chapter II

PUBLIC SECTOR DOWNSIZING POLICIES

Article 5. Early retirement policies

1. Persons subject to the downsizing, who are at most full 05 years and at least full 02 years younger than the retirement age specified in Appendix II issued together with the Government’s Decree No. 135/2020/ND-CP dated November 18, 2020 on retirement age (hereinafter referred to as the Decree No. 135/2020/ND-CP) and have paid compulsory social insurance premiums for full 20 years or more, including full 15 years of working in heavy, hazardous or dangerous occupations or jobs or particularly heavy, toxic or dangerous jobs on the list promulgated by the Ministry of Labor, Invalids and Social Affairs, or have worked for full 15 years or more in areas with extremely difficult socio-economic conditions issued by the Ministry of Labor, Invalids and Social Affairs, including working time in areas having region-based allowances of at least 0.7 before January 1, 2021, in addition to pension policies under laws on social insurance, shall be entitled to the following welfares:

a) Do not have pensions deducted due to early retirement;

b) Receive an allowance equal to three months of average salary for each early retirement year compared to the retirement age specified in Appendix II issued together with the Decree No. 135/2020/ND-CP;

c) Receive an allowance equal to five months of average salary for the first 20 working years with full social insurance premiums. From the 21^st working years onwards, each working years with social insurance premiums paid shall be granted a half of monthly salary.

2. Persons subject to the downsizing, who are at most full 05 years and at least full 02 years younger than the retirement age specified in Appendix I issued together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance premiums for full 20 years or more, shall be entitled to pension policies in accordance with Article 54 of the 2014 Law on Social Insurance (amended and supplemented in 2019). In addition to pension policies under laws on social insurance, they are also entitled to the following welfares:

a) Receive an allowance equal to three months of average salary for each early retirement year compared to the retirement age specified in Appendix I issued together with the Decree No. 135/2020/ND-CP;

b) Enjoy the regimes specified at Points a and c, Clause 1 of this Article.

3. Persons subject to the downsizing who are at least full 02 years younger than the retirement age specified in Appendix II issued together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance premiums for full 20 years or more, including full 15 years of working in heavy, hazardous or dangerous occupations or jobs or particularly heavy, hazardous or dangerous jobs on the list promulgated by the Ministry of Labor, Invalids and Social Affairs or have full 15 years of working in areas with extremely difficult socio-economic conditions as promulgated by the Ministry of Labor, Invalids and Social Affairs, including working time in areas having region-based allowances of at least 0.7 before January 1, 2021, shall be entitled to pension policies in accordance with the law on social insurance and not have their pensions deducted due to early retirement.

4. Persons subject to the downsizing, who are at least full 02 years younger than the retirement age specified in Appendix I issued together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance premiums for full 20 years or more (or at least 15 years for female cadres and civil servants at commune level), shall be entitled to pension policies in accordance with the law on social insurance and not have their pensions deducted due to early retirement.

5. For persons subject to the downsizing are female cadres and civil servants at commune level who are at most full 05 years and at least full 02 years younger than the retirement age specified in Appendix I issued together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance for full 15 years to less than 20 years, in addition to pension policies under laws on social insurance, they shall be entitled to the following welfares:

a) Do not have pensions deducted due to early retirement;

b) Receive an allowance equal to five months of average salary and the regime specified at Point a, Clause 2 of this Article.

Article 6. Policies on labor transfer to organizations unfunded by the State budget

1. Persons subject to the downsizing who transfer to work for organizations not funded by the state budget shall be entitled to the following allowances:

a) Receive an allowance equal to three months of current salary;

b) Receive an allowance equal to a half of average salary for each working year with full compulsory social insurance payment.

2. The policy specified in Clause 1 of this Article shall not apply to those who have worked at a public non-business unit when the unit is transformed into a public non-business unit that covers its own current expenditure or a public non-business unit that covers its own current and investment expenditures or an enterprises or equitized enterprise but they are still employed; those subject to the downsizing who have a minimum age of full 3 years lower than the retirement age specified in Appendix II issued together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance premiums for full 20 years or more, including full 15 years of working in heavy, hazardous or dangerous occupations or jobs or particularly heavy, hazardous or dangerous jobs on the list promulgated by the Ministry of Labor, Invalids and Social Affairs or have full 15 years of working in areas with extremely difficult socio-economic conditions as promulgated by the Ministry of Labor, Invalids and Social Affairs, including working time in areas having region-based allowances of at least 0.7 before January 1, 2021; those subject to the downsizing who have a minimum age of full 3 years lower than the retirement age specified in Appendix I promulgated together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance premiums for full 20 years or more.

Article 7. Resignation policies

1. Immediate resignation

With regard to persons subject to the downsizing, who have a minimum age of full 2 years lower than the retirement age specified in Appendix I, Appendix II issued together with the Decree No. 135/2020/ND-CP and is ineligible for early retirement policies specified in Clauses 1, 2 and 5, Article 5 of this Decree, if applying for immediate resignation, they shall receive the following allowances:

a) Receive an allowance equal to three months of current salary to seek a new job;

b) Receive an allowance equal to one and a half of average salary for each working year with full compulsory social insurance payment.

2. Resignation after vocational training

With regard to persons subject to the downsizing who are under 45 years old, healthy, responsible, disciplined and take charge of positions irrelevant to their qualifications and majors, if wishing to resign their jobs, they may be facilitated by their agencies, organizations or units to participate in vocational training before they resign or find new jobs by themselves, and receive the following allowances:

a) Receive the full current salary and be paid social insurance, health insurance and unemployment insurance premiums (if participating in unemployment insurance) by their agencies or units during the vocational training for a maximum period of 06 months;

b) Receive an allowance for a vocational training equal to the cost of the vocational course for a maximum amount of six months of current salary as payment for vocational training institutions;

c) Receive an allowance equal to three months of current salary at the time of joining vocational training courses after finishing such courses in order to seek new jobs.

d) Receive an allowance equal to a half of average salary for each working year with full social insurance premiums;

dd) The vocational training duration is recognized as working period but it is not included in the seniority for regular salary increase.

3. Persons who resign their jobs specified in Clauses 1 and 2 of this Article may have their duration of social insurance premium payment reserved and be granted with a social insurance book or receive a lump-sum social insurance allowance under the Law on Social Insurance; and do not benefit from resignation policies applicable to civil servants and public employees as prescribed by law provisions.

Article 8. Policies on early retirement for redundant commune-level cadres and civil servants due to the arrangement of commune-level administrative units whose age is at most full 10 years and at least over 5 years younger than the retirement age in accordance with laws on social insurance

1. Persons subject to the downsizing, who are redundant commune-level cadres and civil servants due to the arrangement of commune-level administrative units whose age is at most full 10 years and at least over 5 years younger than the retirement age prescribed in the Decree No. 135/2020/ND-CP and have paid compulsory social insurance premiums for full 20 years or more, in addition to pension policies under laws on social insurance, shall be entitled to the following welfares:

a) Do not have pensions deducted due to early retirement;

b) Receive an allowance equal to one and a half of average salary for each year of early retirement before the retirement age specified in Appendix I issued together with the Decree No. 135/2020/ND-CP;

c) Enjoy the regimes specified at Point c, Clause 1, Article 5 of this Decree.

2. Persons subject to the downsizing, who are redundant female cadres and civil servants at commune-level due to the arrangement of commune-level administrative units whose age is at most full 10 years and at least over 5 years younger than the retirement age specified in Appendix I issued together with the Decree No. 135/2020/ND-CP and have paid compulsory social insurance for full 15 years to under 20 years, in addition to pension policies under laws on social insurance, shall be entitled to the following welfares:

a) Do not have pensions deducted due to early retirement;

b) Receive an allowance equal to five months of average salary and the regimes specified at Point b, Clause 1 of this Article.

Article 9. Policies for persons subject to the downsizing who are redundant due to the rearrangement of district- and commune- level administrative units and have resigned from the date of issuing the arrangement decision of competent authorities until the end of the arrangement schedule

1. Persons subject to the downsizing, who are redundant district- and commune-level cadres, civil servants and public employees due to the rearrangement of administrative units, and have resigned from the date of issuing the arrangement decision of competent authorities until the end of the arrangement schedule, in addition to one of the policies specified in Articles 5, 6, 7 and 8 of this Decree, shall be entitled to the following allowances:

a) With regard to cadres

If resigning within 12 months from the date on which a competent authority issues an arrangement decision: For each month of resignation before the end of the term, they shall receive an allowance equal to a half of current salary;

If resigning after 12 months from the date on which a competent authority issues an arrangement decision: For each month of resignation before the end of the term, they shall receive an allowance equal to a quarter of current salary;

For persons who resign before the end of their term, the number of months eligible for allowance is equal to the number of months of retirement before the above retirement time.

b) With regard to civil servants and public employees

If resigning within 12 months from the date on which a competent authority issues an arrangement decision: For each month of resignation before the end of the schedule for handling redundant cadres, civil servants and public employees under the competent authority’s decision, they shall receive an allowance equal to a half of current salary;

If resigning after 12 months from the date on which a competent authority issues an arrangement decision to the end of the arrangement schedule: For each month of resignation before the end of the schedule for handling redundant cadres, civil servants and public employees under the competent authority’s decision, they shall receive an allowance equal to a quarter of  current salary;

For persons who resign before the end of the arrangement schedule, the number of months eligible for allowance is equal to the number of months of resignation before the above retirement time.

2. Persons subject to the downsizing, who are redundant part-timers at communes, hamlets or residential quarters due to the arrangement of commune-level administrative units and have resigned within 12 months from the date on which a competent authority issues an arrangement decision, shall receive the following allowances:

a) For part-timers at communes, villages or residential quarters who hold elected titles: For each month of resignation before the end of their term, they may receive an allowance equal to a half of current monthly allowance. For those who resign before the end of the arrangement schedule, the number of months eligible for allowance shall be equal to the number of months of resignation before the above retirement time;

b) For part-timers at communes, villages or residential quarters who hold non-elected titles: For each month of resignation before the end of the arrangement schedule, they may receive an allowance equal to a half of current monthly allowance. For those who resign before the end of the arrangement schedule, the number of months eligible for allowance shall be equal to the number of months of resignation before the above retirement time.

Article 10. Determination of time and salary for allowance calculation

1. Current salary means the salary of the month preceding the downsizing month. The calculated monthly salary includes rank-based, grade-based, title-based, position-based or post-based salary, or salary as agreed upon in labor contracts or salary of the company's manager; allowances for positions, extra-seniority or occupational seniority, wages and differences in reserved allowances (if any) law provisions on salary.

2. Average salary means the average monthly salary of the last 5 years (60 months) prior to the downsizing. For those who work for under 5 years (less than 60 months) with full social insurance premiums, it shall be the average monthly salary of the entire working period.

3. The time used as a basis for calculating a person’s full age to enjoy early retirement benefits and policies is the 1^st day of the following month adjacent to the person's birth month; in the case where his/her dossier does not specify the date of birth in the year, the determination date shall be January 1 of his/her birth year.

4. The time for calculating allowances specified in Articles 5, 6, 7 and 8 of this Decree is the total working time with full compulsory social insurance payment (according to each person's social insurance book) but have not yet received severance allowance or one-time social insurance benefits or have not enjoyed the service or demobilization regime. If the total benefit calculation period has odd months, it shall be rounded according to the principle: from 01 month to full 06 months shall be counted as 1/2 year and receive an allowance equal to the allowance of 1/2 year; from over 06 months to less than 12 months is counted as 01 year.

5. The time to calculate the early retirement allowance specified in Articles 5 and 8 of this Decree, if there are odd number of months, it shall be rounded according to the principle: from 01 month to full 06 months is counted as 1/2 year and receive an allowance equal to the allowance of 1/2 year; from over 06 months to less than 12 months is counted as 01 year.

Article 11. Funding sources for public sector downsizing

1. The funding for settlement of downsizing policies for the subjects specified in Clauses 1 and 3, Article 2 of this Decree shall be provided by the state budget.

For those who are public employees in public non-business units that self-finance recurrent and investment expenditures; public non-business units that self-finance their own recurrent expenditures according to the Government's regulations, the funding for settlement of downsizing policies shall be allocated from the non-business revenues of the units.

For those working under the labor contract regime, who are entitled to the same regimes and policies as civil servants according to the Government's regulations, the funding for settlement of downsizing policies shall be allocated from the agency or organization’s regular budget.

  2. The funding for settlement of downsizing policies for the subjects specified in Clause 2, Article 2 of this Decree shall be allocated from the current budget or from the non-business revenue of the unit.

3. The funding for settlement of downsizing policies for the subjects specified in Clause 1, Article 18 of this Decree shall be allocated from the Association's current funding, including the state budget to support current expenditures, sources from membership fees and other lawful funding sources as prescribed by law provisions.

4. The funding for settlement of downsizing policies for the subjects specified in Clauses 2 and 3, Article 18 of this Decree shall be allocated from the sources for implementing policies on redundant employees of that enterprise when changing ownership or rearranging the enterprise in accordance with law provisions.

5. The funding for settlement of downsizing policies for the subjects specified in Clause 4, Article 18 of this Decree shall be allocated from the current funding of the off-budget State Financial Fund.

Chapter III

RESPONSIBILITIES OF INDIVIDUALS, AGENCIES, ORGANIZATIONS AND UNITS IN IMPLEMENTATION OF PUBLIC SECTOR DOWNSIZING

Article 12. Responsibilities of heads of supervisory agencies, organizations or units

1. Streamlining the payroll according to the provisions of this Decree.

2. Developing an annual downsizing plan according to the guidance of superior management authorities.

3. Making a list of downsizing persons and an estimate of allowance amount for each person subject to the downsizing, and submit them to competent authorities for approval.

4. After being approved by competent authorities, performing the downsizing and handling policy payments for each subject of downsizing; paying social insurance and health insurance premiums for the beneficiaries of downsizing policies specified at Point a, Clause 2, Article 7 of this Decree.

5. If failing to perform the downsizing in accordance with regulations, heads of supervisory agencies, organizations or units shall be responsible for:

a) Notifying social insurance agencies and relevant agencies to stop paying the social insurance and other benefits to the subjects of downsizing in contravention of regulations; transferring to social insurance agencies the amount of money paid to the staff downsizing during the period of enjoying the social insurance regime (pension, social insurance allowance, cost for purchase of health insurance cards);

b) Being responsible for recovering the benefits of downsizing policies granted to such subjects;

c) Paying to the persons who has performed the downsizing the difference between the salary and other regimes as prescribed by law provisions and the enjoyed social insurance regime;

d) Considering and handling the responsibility of relevant individuals; and being responsible as prescribed by law provisions for improper implementation of regulations on downsizing.

Article 13. Responsibilities of ministers, heads of ministerial-level agencies, heads of governmental agencies, heads of organizations established by the Government or Prime Minister that are not public non-business units

1. Directing the implementation of downsizing in accordance with this Decree.

2. Directing and guiding heads of agencies, organizations and units under their management to develop annual downsizing plans; making a list of downsizing subjects and making a budget estimate for downsizing in accordance with regulations.

3. Directing the Department of Organization and Personnel, and financial institutions of the same level to appraise the list of downsizing subjects and the budget estimate for downsizing of their agencies, organizations and units under their management; allocating funds from the annual expenditure estimate to make policy payments to the downsizing subjects in accordance with regulations.

4. Approving the list of downsizing subjects and funding for the downsizing of agencies, organizations and units under their management; at the same time, taking responsibility for their approval decisions.

5. On an annual basis, based on the implementation of downsizing policies (including the number of downsizing subjects and the allowance amount for each downsizing subject specified in Clause 3, Article 12 of this Decree), planning the implementation of downsizing next year, directing affiliated financial planning departments to develop a budget estimate to implement the downsizing policies and submit to competent authorities for arranging and assigning budget estimates for downsizing in the state budget estimates of the following year of ministries and branches.

6. In cases of failing to perform the downsizing in accordance with regulations, implementing the recovery of funds used for downsizing to pay the budget, withdrawing decisions on downsizing and arranging for those who are not subject to downsizing to return to work; at the same time, considering and handling the responsibilities of relevant agencies, organizations, units and individuals and taking responsibility in accordance with law provisions for improper implementation of regulations on downsizing.

7. Periodically before February 15 every year, summing up the results and evaluation of downsizing implementation under their management, and sending them to the Ministry of Home Affairs and the Ministry of Finance to summarize and report to the Prime Minister.

Article 14. Responsibilities of People's Committees and Chairpersons People's Committees of provincies and centrally-run cities (hereinafter collectively referred to as provincial-level People's Committees)

1. With regard to provincial-level People's Committees

a) Directing the implementation of public sector downsizing in accordance with this Decree;

b) Directing and guiding heads of agencies, organizations and units under their management to develop annual downsizing plans; making a list of downsizing subjects and making a budget estimate for downsizing in accordance with regulations;

c) Directing provincial-level Departments of Home Affairs to appraise the list of downsizing subjects of agencies, organizations and units under their management;

d) Directing provincial-level Departments of Finance to appraise the cost estimates for downsizing of agencies, organizations and units under their management; submitting to competent authorities for allocating funds from the annual state budget expenditure estimates to make policy payments to the downsizing subjects in accordance with regulations;

dd) On an annual basis, based on the implementation of downsizing policies (including the number of downsizing subjects and the allowance amount for each downsizing subject specified in Clause 3, Article 12 of this Decree), planning to implement the downsizing next year, directing provincial-level Departments of Finance to develop a budget estimate for the implementation of downsizing policies in order to aggregate it into the demand for wage reform in the local state budget estimate of the following year;

e) Periodically, before February 15 every year, summing up the results and evaluation of downsizing implementation of the preceding year under their management and send them to the Ministry of Home Affairs and the Ministry of Finance for reporting to the Prime Minister;

g) On the basis of local budget balance, submitting to the People's Council of the same level to promulgate the policies of additional support for downsizing subjects.

2. With regard to Chairpersons of provincial-level People's Committees

a) Approving the list of downsizing subjects and funding for the downsizing of agencies, organizations and units under their management; and taking responsibility for such approval decisions;

b) In cases of failing to perform the downsizing in accordance with regulations, implementing the recovery of funds used for downsizing to pay the budget, withdrawing decisions on downsizing and arranging for those who are not subject to downsizing to return to work; at the same time, considering and handling the responsibilities of relevant agencies, organizations, units and individuals and taking responsibility in accordance with law provisions for improper implementation of regulations on downsizing.

Article 15. Responsibilities of the Ministry of Home Affairs

1. Inspecting the implementation of regulations on downsizing in ministries, branches and localities.

2. Periodically, before March 31 every year, reporting to the Prime Minister on the implementation of this Decree.

Article 16. Responsibilities of the Ministry of Finance

1. Guiding the determination of funding sources and the making of estimates, management, use and settlement of funds for implementation of downsizing policies specified in this Decree.

2. Allocating funds for downsizing and reporting to competent authorities for decision in accordance with the Law on State Budget.

3. Summing up and handling the budget for downsizing of localities when assessing the needs and sources of wage reform of the localities every year.

Article 17. Responsibilities of Vietnam Social Insurance

Vietnam Social Insurance shall be responsible for providing professional guidance and directing provincial and municipal-level social insurance agencies to handle social insurance policies and regimes for downsizing subjects in accordance with this Decree.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 18. Application to other entities

1. People working in mass associations who are assigned tasks by the Party or State and have funds guaranteed by the State to perform tasks assigned by the State in one of the cases specified at Points a, dd, and e, Clause 1, Article 2 of this Decree.

2. President of companies, Chairperson of Members' Council, member of Members' Council, General Director, Director, Deputy General Director, Deputy Director, Chief Accountant, Controllers (excluding General  Director, Director, Deputy General Director, Deputy Director, Chief Accountant working under labor contracts) in one-member limited liability companies that have 100% of charter capital held by the State (including: parent company of state economic groups; parent company of state corporations; parent company in a group of parent companies - subsidiaries; independent companies) and have made redundancies due to equitization, sale of the entire enterprise, merger, consolidation, split, dissolution, bankruptcy or transformation into a limited liability company with two or more members or a public non-business unit under decisions of competent authorities;  Directors, deputy directors and chief accountants of state-owned forestry and agricultural companies  that have made redundancies due to reorganization in accordance with law provisions.

3. Cadres, civil servants and public employees appointed by competent authorities to act as representatives of the capital contribution in enterprises who are redundant due to the rearrangement of the enterprises under decisions of competent authorities.

4. Cadres, civil servants and public employees appointed by competent authorities to hold leading or managerial positions at non-budget state financial funds who are redundant due to the rearrangement of such funds under decisions of competent authorities.

5. With regard to redundant district- and commune-level cadres, civil servants and public employees due to the rearrangement of district- and commune-level administrative units in the 2019 - 2021 period who are still unresolved, Chairpersons of provincial- or municipal-level People's Committees shall apply the provisions of Clause 1, Article 9 of this Decree to settle regimes and policies for the cases. Funding for such policy is allocated from the state budget.

Article 19. Effect

1. This Decree takes effect from July 20, 2023. The regimes and policies specified in this Decree shall be applied until the end of December 31, 2030.

2. The following Decrees cease to be effective from the effective date of this Decree, including:

a) The Government’s Decree No. 108/2014/ND-CP dated November 20, 2014, on public sector downsizing policies;

b) The Government’s Decree No. 113/2018/ND-CP dated August 31, 2018, amending and supplementing a number of articles of the Government's Decree No. 108/2014/ND-CP dated November 20, 2014 on public sector downsizing policies;

c) The Government’s Decree No. 143/2020/ND-CP dated December 10, 2020, amending and supplementing a number of articles of the Government's Decree No. 108/2014/ND-CP dated November 20, 2014, on public sector downsizing policies and the Government's Decree No. 113/2018/ND-CP dated August 31, 2018, amending and supplementing a number of articles of the Government's Decree No. 108/2014/ND-CP dated November 20, 2014 on public sector downsizing policies.

Article 20. Transitional provisions

1. In cases where the downsizing is scheduled after the effective date of this Decree but has been decided by a competent authority before the issuing date of this Decree, their policies and regimes are not required to be reviewed in accordance with this Decree, and ministers, heads of Governmental agencies, heads of organizations established by the Government and Prime Minister that are not public non-business units and Chairpersons of provincial-level People's Committees shall be solely responsible for such decisions; and summarize the results of downsizing and report to the Ministry of Home Affairs and the Ministry of Finance in accordance with Clause 7, Article 13 and Point e, Clause 1, Article 14 of this Decree.

2. Article 11 of the Government's Decree No. 108/2014/ND-CP dated November 20, 2014 on public sector downsizing policies shall continue to be effective until new regulations are issued by the Government.

Article 21. Responsibilities for implementation

1. The Organization Commission under the Party’s Central Committee, the Delegate Working Committee under the National Assembly’s Standing Committee, Office of the President, Supreme People’s Procuracy, Supreme People’s Court and State Audit Office of Vietnam shall, based on the provisions of this Decree, guide agencies, organizations and units under their management to perform the downsizing.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, heads of organizations established by the Government or Prime Minister that are not public non-business units, Chairpersons of People's Committees of provinces and centrally-run cities and relevant agencies, organizations, units and individuals shall implement this Decree.

For the Government

The Prime Minister

PHAM MINH CHINH