Chapter II
DOWNSIZING POLICIES
Article 5. Early retirement
1. Displaced employees who are 2 to 5 years younger than the statutory retirement age as prescribed in Appendix II issued together with Decree No. 135/2020/ND-CP dated November 18, 2020 on retirement age (hereinafter referred to as Decree No. 135/2020/ND-CP) and have paid social insurance premiums for at least 20 years, and have worked in heavy, dangerous or hazardous industries on the list released by the Ministry of Labor, War Invalids and Social Affairs for full 15 years; or have worked for in severely disadvantaged areas for at least 15 years, on the list released by the Ministry of Labor, War Invalids and Social Affairs, including the working time in areas with region-based allowances of at least 0.7 before January 1, 2021, may benefit from the following welfares, besides pension policies under laws on social insurance:
a) Do not have pensions deducted because of early retirement;
b) Receive 03-month average salary for each early retirement year compared to the statutory retirement age stated in Appendix II issued together with Decree No. 135/2020/ND-CP;
c) Receive 05-month average salary for the first 20 working years with full payment of compulsory social insurance premiums. From the 21st working years onwards, each working year with social insurance premiums paid shall be granted a half of 01-month salary.
2. Displaced employees who are 2 to 5 years younger than the statutory retirement age as prescribed in Appendix I issued together with Decree No. 135/2020/ND-CP dated November 18, 2020 on retirement age, and have paid at least 20 years of compulsory social insurance premiums, may receive pensions as prescribed in Article 54 of the Law on Social Insurance 2014 (amended in 2019), and receive the following welfares:
a) Receive 03-month average salary for each early retirement year compared to the statutory retirement age stated in Appendix II issued together with Decree No. 135/2020/ND-CP;
b) Receive the welfares as prescribed in point a, point c clause 1 of this Article.
3. Displaced employees who are at least 2 years younger than the statutory retirement age as prescribed in Appendix II issued together with Decree No. 135/2020/ND-CP dated November 18, 2020 on retirement age (hereinafter referred to as Decree No. 135/2020/ND-CP), and have worked in heavy, dangerous or hazardous industries on the list released by the Ministry of Labor, War Invalids and Social Affairs for full 15 years; or have worked for in severely disadvantaged areas for at least 15 years, on the list released by the Ministry of Labor, War Invalids and Social Affairs, including the working time in areas with region-based allowances of at least 0.7 before January 1, 2021, shall benefit from pension policies under laws on social insurance and do not have pensions deducted because of early retirement.
4. Displaced employees who are at least 2 years younger than the statutory retirement age as prescribed in Appendix I issued together with Decree No. 135/2020/ND-CP, and have paid at least 20 years of compulsory social insurance premiums (or have paid at least 20 years of compulsory social insurance premiums as for female officials of communes) shall benefit from pension policies under laws on social insurance and do not have pensions deducted because of early retirement.
5. Displaced employees who are female officials of communes and 2 to 5 years younger than the statutory retirement age as prescribed in Appendix I issued together with Decree No. 135/2020/ND-CP, and have paid full 15 years to under 20 years of compulsory social insurance premiums, may benefit from the following welfares, besides pension policies under laws on social insurance:
a) Do not have pensions deducted because of early retirement;
b) Receive 05-month average salary and welfares specified in point a clause 2 of this Article.
Article 6. Labor transfer to organizations unfunded by the State budget
1. Displaced employees working for organizations that are not funded by the State budget shall receive the following allowances:
a) The current 03-month salary;
b) 1/2-month salary for each working year with full payment of compulsory social insurance premiums.
2. The policy promulgated in clause 1 hereof shall not apply to 3 types of employees: firstly, employees who are retained as the public sector entities converts into public sector entities that exercise autonomy in recurrent expenditures, or recurrent expenditures and capital expenditures, or converts into enterprises or equitization; secondly, displaced employees who are at least 3 years younger than the statutory retirement age as prescribed in Appendix II issued together with Decree No. 135/2020/ND-CP, have paid at least 20 years of compulsory social insurance premiums, have worked in heavy, dangerous or hazardous industries on the list released by the Ministry of Labor, War Invalids and Social Affairs for full 15 years; or have worked for in severely disadvantaged areas for at least 15 years, on the list released by the Ministry of Labor, War Invalids and Social Affairs, including the working time in areas with region-based allowances of at least 0.7 before January 1, 2021; thirdly, displaced employees who are 3 years younger than the statutory retirement age as prescribed in Appendix I issued together with Decree No. 135/2020/ND-CP, and have paid at least 20 years of compulsory social insurance premiums.
Article 7. Resignation policies
1. Immediate resignation:
Displaced employees who are at least 2 years younger than the statutory retirement age as prescribed in Appendix I and II issued together with Decree No. 135/2020/ND-CP and ineligible for early resignation prescribed in Clause 2, Article 8 of this Decree, they shall receive the following allowances when they apply for immediate resignation:
a) The current 3 month's salary for job search purpose;
b) 1/5-month salary for each working year with full payment of compulsory social insurance premiums.
2. Resignation after vocational training
Employees specified in Article hereof who are under 45 years old, disciplined, healthy, responsible and take charge of positions irrelevant to their qualifications wishing to resign their jobs, they are provided vocational training and receive the following allowances:
a) The full current monthly salary and still be paid social insurance, health insurance, and unemployment insurance premiums (if eligible for payment of unemployment insurance premiums) during the vocational training for maximum 06 months;
b) An allowance equal to 06-month salary;
c) 03 month salary after finishing their vocational training courses;
d) A half of monthly salary for the each working years with full social insurance premiums;
dd) The vocation training duration is recognized as working period but it is not included in the seniority for annual advancement between steps.
3. Employees specified in clauses 1 and 2 of this Article have their duration of social insurance premium payment reserved and receive their social insurance benefits in once under laws on social insurance ; and do not benefit from resignation policies for officials and public employees dated April 12, 2012 of the Government.
Article 8. Early retirement policies for commune officials made redundant, due to reorganization of commune-level administrative divisions, who are 5 to 10 years younger than the statutory retirement age as per social insurance law
1. Displaced employees who are commune officials, due to reorganization of commune-level administrative divisions, who are 5 to 10 years younger than the statutory retirement age as prescribed in Appendix I issued together with Decree No. 135/2020/ND-CP, and have paid at least 20 years of compulsory social insurance premiums, may benefit from the following welfares, besides pension policies under laws on social insurance:
a) Do not have pensions deducted because of early retirement;
b) Receive 1.5-month average salary for each early retirement year compared to the statutory retirement age stated in Appendix I issued together with Decree No. 135/2020/ND-CP;
c) Receive the welfares as prescribed in point c clause 1 Article 5 of this Decree.
2. Displaced employees who are commune female officials, due to reorganization of commune-level administrative divisions, who are 5 to 10 years younger than the statutory retirement age as prescribed in Appendix I issued together with Decree No. 135/2020/ND-CP, and have paid full 15 years to under 20 years of compulsory social insurance premiums, may benefit from the following welfares, besides pension policies under laws on social insurance:
a) Do not have pensions deducted because of early retirement;
b) Receive 05-month average salary and welfares specified in point b clause 1 of this Article.
Article 9. Policies for displaced employees, due to reorganization of administrative divisions of districts, communes, from the commencement to the end date of reorganization
1. Displaced employees who are officials and public employees of districts or communes, due to reorganization of administrative divisions of districts, communes, from the commencement to the end date of reorganization, may benefit from the following allowances, besides welfares laid down in Articles 5, 6, 7, and 8 of this Decree:
a) Regarding officials
If they are displaced within 12 months since the decision of the competent authority: Each month before the end of their tenure shall be granted a half of current 1-month salary;
If they are displaced after 12 months since the decision of the competent authority to the end of their tenure: Each month before the end of their tenure shall be granted a quarter of current 1-month salary;
If their retirement date comes before the end of their tenure, the number of months for allowance is equal to the number of months being displaced before the mentioned retirement age.
b) Regarding public employees
If they are displaced within 12 months since the decision of the competent authority: Each month before the end date of redundancy process, under the decision of the competent authority, shall be granted a half of current 1-month salary;
If they are displaced after 12 months since the decision of the competent authority to the end of their tenure: Each month before the end date of redundancy process, under the decision of the competent authority, shall be granted a quarter of current 1-month salary;
If their retirement date comes before the end date of redundancy process, the number of months for allowance is equal to the number of months being displaced before the mentioned retirement age.
2. Displaced employees who have worked part-time public duties in communes, villages, neighborhood, due to reorganization of commune-level administrative divisions, and are displaced within 12 months since the decision of the competent authority, shall be granted the following allowances:
a) As for those who are elected: Each month before the end of their tenure shall be granted a half of current 1-month allowance. If their retirement date comes before the end date of reorganization process, the number of months for allowance is equal to the number of months being displaced before the mentioned retirement age;
b) As for those who are not elected: Each month before the end date of reorganization process shall be granted half of current 1-month allowance. If their retirement date comes before the end date of redundancy process, the number of months for allowance is equal to the number of months being displaced before the mentioned retirement age.
Article 10. Methods of determining time and reference salary for the calculation of downsizing allowances
1. Current salary is the salary of the month preceding the month of downsizing. The monthly salary includes: the salary based on pay grade, pay step, position, title, professional title; or the salary stated in the employment contract, or the salary of managers; allowances for positions, extra-seniority, or occupational seniority; or the salary and differences in reserved allowances (if any) under applicable laws.
2. Average salary is the average salary of last 5 years (60 months) before downsizing. For those who work for under 05 years (under 60 months) with payment of social insurance premiums, their average salary shall be the average salary of the whole working duration.
3. The 1st of the month succeeding the birth month of an employee will be used to calculate his/her age to benefit the early retirement policy; the January 1st of the birth year of any employee will be used to calculate his/her age to benefit the early retirement policy if his birth day and month cannot be identified.
4. The time used to calculate allowances stated in Articles 5, 6, 7, and 8 of this Decree is the total working time during which compulsory social insurance premiums were paid (using each person's social insurance number) and during which the employee did not receive severance allowance, lump-sum social insurance payout, or demobilization allowance. If the mentioned time is not full year(s), it will be rounded up as follows: 1 month to full 6 months will be considered as half of year, and the allowance will be paid for half of year; 6 months to under 12 months will be considered as one year, and the allowance will be paid for one year.
5. If the time used to calculate allowance for early retirement specified in Article 5, Article 8 of this Decree is not full year(s), it will be rounded up as follow: 1 month to full 6 months will be considered as half of year, and the allowance will be paid for half of year; 6 months to under 12 months will be considered as one year, and the allowance will be paid for one year.
Article 11. Funding for downsizing
1. The funding for downsizing employees specified in clauses 1 and 2 of Article 2 hereof shall be granted by the State budget.
The funding for downsizing public employees who work for public sector entities that exercise autonomy in recurrent expenditures, or recurrent expenditures and capital expenditures, under Government’s regulations, shall be provided from revenues of their recurrent services.
The funding for downsizing employees who work under employment contracts with the same policies applying to officials shall be provided from their recurrent funding.
2. The funding for employees stipulated clause 2 Article 2 hereof shall be provided by their recurrent funding or revenues of recurrent services.
3. The funding for the downsizing of employees stipulated clause 4 and 5, Article 6 hereof shall be provided from the recurrent funding of the Association, including the state budget source which covers current expenditures, membership dues, and other legal fund sources as per the law.
4. The funding for the downsizing of employees stipulated in clauses 2 and 3, Article 18 hereof shall be provided from funds for ownership conversion, enterprise restructuring under applicable laws.
5. The funding for employees stipulated in clause 4 Article 18 hereof shall be provided from their recurrent funding of the off-budget financial fund.
Tìm kiếm
Nghị định 29/2023/NĐ-CP quy định về tinh giản biên chế (Bản Pdf)
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