Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree applies to the following entities:
1. Authorities and organizations affiliated to the Government and Communist Party of Vietnam, socio-political organizations in all levels;
2. Public service providers of the Government and Communist Party;
3. Associations granted payrolls and funding by the State budget;
4. State-owned single member limited liability companies or political organizations or socio-political organizations ( hereinafter referred to as “single member limited liability company”) that are converted from State-owned companies or affiliates of political organizations or socio-political organizations and are authorized to reorganize by privatizing, transferring, selling, dissolving, merging, amalgamating, dividing, bankrupting or converting into two member limited liability companies or public service providers by competent authorities.
5. Joint-stock companies with State contributions that are completely sold by competent authorities.
6. State farms and plantations reorganized under provisions of laws.
Article 2. Regulated entities
1. Officials in all levels;
2. Public employees working for public service providers;
3. Employees working under permanent employment contract (hereinafter referred to as permanent employees) stipulated in the Decree No. 68/2000/ND-CP on employments contracts for a number of posts in State administrative agencies and public services providers dated November 17, 2000 of the Government, and other applicable laws.
4. Chairman of companies, Board members, Directors General, Deputy Directors General, Directors, Deputy Directors, Chief accountants, controllers of single member limited liability companies (excluding Directors General, Deputy Directors General and Chief Accountants having employment contracts).
5. Officials appointed as authorized representatives of the state contributions at State-owned enterprises.
6. Employees of associations under payrolls granted competent state authorities.
Article 3. Interpretation
1. For the purpose of this Decree, terms below shall be construed as follows:
“Payroll": officials and the number of workers working for public service providers and contractual workers granted by the competent authority under provision of laws.
2. “Downsizing": a process of evaluating, classifying and making those failing to satisfy job requirements redundant, and settle severance packages to laid-off employees.
Article 4. Rules for downsizing
1. Ensure the administration of the Communist Party and the management of the State; uphold the supervisory role of socio-political organizations and citizens during the downsizing.
2. Examine, reorganize, evaluate and classify permanent officials and public employees.
3. Commit that the downsizing is conducted democratically, objectively, openly and transparently and in accordance with applicable laws.
4. Sufficiently and timely settle all severance packages to displaced employees under applicable laws.
5. The Heads of organizations shall be responsible for the downsizing within their jurisdiction.
Article 5. Management of personnel after downsizing
1. Every agency, organization and unit shall be entitled to employ 50% of payrolls after downsizing and shall settle benefits for retirees or resigned workers under provisions of laws; the remaining payroll shall be considered as a contingent payroll that is used for the establishment of new organizations or execution new assigned tasks and shall be managed by the competent authority.
2. Any regulatory body, local government or other agency failing to execute the downsizing shall balance their total payroll themselves and shall not be granted additional payrolls as they establish new organization or execute new tasks assigned by the competent authority.
3. Officials of communes shall not be governed by clauses 1 and 2 of this Article.
Article 6. People subject to the downsizing
1. Officials and public employees under payrolls, and officials of communes receiving salaries from the State budget or salary budget of the public service providers (hereinafter referred to as “official and public employee”) shall be subject to the downsizing if:
a) They are made redundancy due to the restructuring of organizations or personnel upon requests of the competent authority of the Communist Party or the State; or the conversion of public service providers into autonomous ones;
b) They are made redundancy due to the restructuring of officials, and public employees according to their positions and failure to offer new jobs;
c) They fail to meet qualifications required for the in-charge position but the organization is unable to provide additional training and offer new relevant jobs.
d) Their majors are irrelevant to the current jobs resulting in poor performance but their organizations are unable to appoint them to another position.
dd) The performance is recognized as “average but shortcomings exist” for 02 consecutive years; or their annual performance in two years is recognized as “average but shortcomings exist” and “poor” but their organization is unable to offer them new jobs.
e) The performance is recognized as “average” and ”poor” in 02 consecutive years but their organization is unable to offer them new jobs.
g) The total sick leave is equal to the maximum leave stipulated in clause 1, Article 23 of the Law on Social Insurance for 02 consecutive years which is certified by medical examination and treatment facilities and compensated by social insurance firms.
2. Redundancies of permanent employees of administrative authorities and public services providers that have yet to grant the autonomy (hereinafter referred to as autonomous public service providers) due to restructuring.
3. Redundancies of public employees and permanent employees of autonomous public service providers due to restructuring.
4. Redundancies of Chairman of companies, Board members, Directors General, Deputy Directors General, Directors, Deputy Directors, Chief accountants , controllers of state-owned single member limited liability companies due to privatization, transfer, sale, dissolutions, merger, amalgamation, division, separation, bankruptcy or conversion into at least two member limited liability companies or public service provider according to the Decision of competent state authorities; redundancies of Directors, Deputy Directors, Chief Accountants of State plantations or farms due to restructuring under the Decree of 170/2004/ND-CP on restructuring, innovating and developing State forestry plantations dated September 22, 2004 of the Government.
5. Officials who are appointed as authorized representatives of the state contributions at State-owned enterprises finish their tasks but do not appoint to new positions.
6. Employees under payrolls of associations are on the list of redundancies for restructuring according to Decisions of competent authorities.
Article 7. People exempt from downsizing
1. Workers who are on sick leave certified by the competent medical facilities.
2. Officials, public employees and workers who are in pregnancy, on maternity leaves or have babies under 36 months.
3. Workers during their disciplinary probation or criminal prosecution.
Tìm kiếm
Nghị định 108/2014/NĐ-CP (Bản Word)
Nghị định 108/2014/NĐ-CP (Bản Pdf)