Chapter III
PROCEDURES AND TIME LIMITS FOR DOWNSIZINGS
Article 14. Downsizing procedures
1. Heads of authorities, organization and units shall cooperate with the same-level Communist Party’s Committees, Trade Union and socio-political organizations to execute the downsizing policy as follows:
a) Propagate, disseminate and heighten awareness of officials, public employees and workers of the downsizing policy stipulated hereof, within their administration.
b) Submit downsizing proposals according to the procedures specified in Article 15 hereof the competent authority.
c) Submit downsizing checklists and estimates of the severance package for each displaced employee every 06 months based on the approved proposal to the competent authority.
2. Ministries, ministerial-level agencies and Governmental agencies, non-public services providers established by the Government or Prime Minister and People’s Committees of provinces (hereinafter referred to as Ministries, regulatory authorities and local governments) shall:
a) Direct and instruct their affiliates or members to execute this Decree;
b) Consider approving downsizing proposals submitted by their affiliates or members;
c) Consider approving downsizing checklists and budget estimates for every 06 months.
d) Submit downsizing checklists and budget estimates to the Ministry of Home Affairs and Ministry of Finance.
3. The Ministry of Home Affairs shall verify employees subject to downsizing and submit verification results to the Ministry of Finance.
4. The Ministry of Finance shall verify the estimates of the severance packages, budgets for downsizing and the grant of funding for downsizing.
5. The supervisory authority shall settle all severance packages for displaced employees.
Article 15. Procedures for formulation of downsizing proposals
1. Examine functions and tasks to identify inappropriate tasks and overlapping tasks that should be transferred to other authorities; or tasks needing transferring to subordinates, local governments and public services providers or enterprises.
2. Restructure organizations, reform working rules and administrative procedures, and reduce intermediaries.
3. Restructures officials, public employees and labor contracts as follows:
a) Determine positions, official ranks, public employee’s job titles and professional criteria and required qualifications for each specific position;
b) Evaluate, classify officials, public employees and officials according to criteria and professions (for officials) and job titles (for public employees);
c) Retain qualified officials and public employees;
d) Indentify and make lists officials and public employees or permanent employees under the downsizing.
Article 16. Time limits for submission of downsizing checklists
1. Ministries, regulatory bodies, and local governments shall submit their downsizing checklists and budget estimates for the early- 06-month downsizing to the Ministry of Home Affairs and Ministry of Finance by November 01st of the year proceeding the downsizing year.
2. Ministries, regulatory bodies, and local governments shall submit their downsizing checklists and budget estimates for the last- 06-month downsizing to the Ministry of Home Affairs and Ministry of Finance by May 01st every year.
3. Any Ministry, regulatory body, and local government failing to submit their downsizing checklists after November 01st of the year preceding the downsizing year or after may 01st every year as prescribed in clauses 1 and 2 of this Article shall not be allowed to implement the downsizing policy.
Tìm kiếm
Nghị định 108/2014/NĐ-CP (Bản Word)
Nghị định 108/2014/NĐ-CP (Bản Pdf)