Decree No. 113/2018/ND-CP Amending and Supplementing Certain Provisions of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on the policy for streamlining the establishment of agencies and positions

Article 1. To amend and supplement some articles of Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on policies for streamlining the establishment of positions

1. Amend Article 5 as follows:

“Article 5. Management and utilization of the number of positions that have been streamlined

Agencies, organizations, and units may use up to 50% of the positions that have been streamlined and resolved retirement benefits according to the age limit or voluntary resignation as prescribed by law to recruit new civil servants, public officials, and contractual employees, ensuring the implementation of position streamlining in accordance with the regulations of the Party and the law. In cases where ministries, sectors, or localities establish new organizations or are assigned additional functions and tasks by competent authorities, ministries, sectors, or localities shall self-balance within the total number of positions assigned by competent authorities to ensure the completion of assigned tasks."

2. Amend and supplement Point c, d, đ, e, g Clause 1 of Article 6 as follows:

“c) Not meeting the required educational qualifications for the job position currently held, but there is no other suitable position available to be reassigned and it is not possible to arrange further training to standardize professional qualifications, the individual voluntarily implements position streamlining and obtains the agreement of the directly managing agency or unit.

d) Having a field of study that does not match the current job position, thus limiting the ability to complete assigned tasks, but there is no other suitable position available or the individual cannot be reassigned to another position, the individual voluntarily implements position streamlining and obtains the agreement of the directly managing agency or unit.

đ) For two consecutive years immediately prior to the time of considering position streamlining, civil servants and public officials are classified and evaluated as having completed their tasks but still have limitations in their capabilities, or they have completed their tasks but still have limitations in their capabilities in one year and did not complete their tasks in another year, and it is not possible to reassign them to another suitable position or they did not complete their tasks in the previous year immediately prior to the time of considering position streamlining, the individual voluntarily implements position streamlining and obtains the agreement of the directly managing agency or unit.

e) For two consecutive years immediately prior to the time of considering position streamlining, public officials have one year classified and evaluated as having completed their tasks and did not complete their tasks in another year, and it is not possible to reassign them to another suitable position or they did not complete their tasks in the previous year immediately prior to the time of considering position streamlining, the individual voluntarily implements position streamlining and obtains the agreement of the directly managing agency or unit.

g) For two consecutive years immediately prior to the time of considering position streamlining, each year has a total number of days off due to illness equal to or higher than the maximum number of days off due to illness as stipulated in Clause 1, Article 26 of the Social Insurance Law, confirmed by the medical facility and the Social Insurance agency paying sickness benefits according to current laws, or in the previous year immediately prior to the time of considering position streamlining, the total number of days off due to illness is equal to or higher than the maximum number of days off due to illness as stipulated in Clause 1, Article 26 of the Social Insurance Law, the individual voluntarily implements position streamlining and obtains the agreement of the directly managing agency or unit.”

3. Supplement Point h Clause 1 of Article 6 as follows:

“h. Leaders and managers who voluntarily resign from their positions due to organizational restructuring decisions made by competent authorities, and obtain the agreement of the directly managing agency or unit.”

4. Amend Clause 5 of Article 6 as follows:

5. Individuals who are civil servants appointed by competent authorities to manage or represent state capital at enterprises with state capital that have surplus due to enterprise restructuring.”

5. Supplement Clause 7 of Article 6 as follows:

“7. Individuals who were civil servants or public officials transferred to work at associations provided with staffing and state budget support for salary payments if they fall under any of the circumstances specified in Point đ, e, g Clause 1 of Article 6 of Decree No. 108/2014/NĐ-CP.”

6. Amend Point b Clause 1 of Article 8 as follows:

“b) Receive a lump-sum payment equivalent to three months' salary for each year retired before the minimum age stipulated in Point b Clause 1 of Article 54 of the Social Insurance Law;"

7. Amend Clause 2 of Article 8 as follows:

“2. Individuals subject to position streamlining as prescribed in Article 6 of this Decree, aged between 55 and 58 for males and between 50 and 53 for females, with at least 20 years of social insurance contributions, are entitled to retirement benefits according to the Social Insurance Law and the provisions at Point a and c Clause 1 of this Article, and receive a lump-sum payment equivalent to three months' salary for each year retired before the age stipulated in Point a Clause 1 of Article 54 of the Social Insurance Law.”

8. Supplement Clause 4, Clause 5, Clause 6 of Article 12 as follows:

“4. The date used as the basis for calculating the age to enjoy early retirement benefits is the first day of the month following the birth month of the individual; if the birth date is not clearly recorded in the file, it will be considered as January 1st of the birth year.

5. The period for calculating the lump-sum payment is the working period in Party and State agencies, political and social organizations, public service units, state-owned enterprises, and associations eligible for social insurance benefits and mandatory social insurance contributions (as recorded in the social insurance book of each individual), but not yet receiving severance pay or one-time social insurance benefits or demobilization benefits. If the calculation period includes partial months, it will be rounded off according to the principle that less than three months will not be counted; from three to six months inclusive will be counted as half a year; more than six months but less than twelve months will be counted as a full year.

6. When implementing position streamlining incorrectly according to the law, individuals who have enjoyed streamlining benefits and the directly managing agencies or units shall bear responsibility as follows:

a) Persons who have enjoyed the reduction policy must return the amount of money they have actually received when implementing the reduction policy according to regulations. In cases where such persons have passed away during the period of receiving social insurance benefits, they will not be required to repay the funds received, and these funds will be used by the direct managing agency, organization, or unit to settle the accounts, with the state budget not supplementing the funds.

b) The direct managing agency, organization, or unit of the person implementing the reduction policy shall be responsible for: Notifying the social insurance agency to stop paying social insurance benefits to the person implementing the reduction policy who does not comply with the regulations; transferring to the social insurance agency the amount of funds paid to the person implementing the reduction policy during the period of receiving social insurance benefits (pension, social insurance allowance, health insurance card purchase expenses); paying to the person implementing the reduction policy the difference between the benefits that the person should have received under the laws on cadres, civil servants, and public officials and the benefits that the person has received under the laws on social insurance; settling the benefits for cadres, civil servants, and public officials according to the regulations for related organizations; being responsible for recovering the benefits and policies of reduction that have been granted to cadres, civil servants, and public officials.

9. Supplement Clause 5, Clause 6 of Article 13 as follows:

“5. Based on the Reduction Plan of the Ministry or sector which has been approved by the competent authority, the implementation status of the reduction policy in the current year, and the plan for implementing the reduction policy in the planning year, the Ministries and sectors shall prepare the budget estimate for implementing the reduction policy in the planning year, consolidate it into the annual state budget estimate, and submit it to the financial agency at the same level for the competent authority to allocate and assign the budget estimate for implementing the reduction policy in the annual budget estimates of the Ministries and sectors.

6. Based on the Reduction Plan of the locality which has been approved by the competent authority, the implementation status of the reduction policy in the current year, and the plan for implementing the reduction policy in the planning year, localities shall prepare the budget estimate for implementing the reduction policy in the planning year, consolidate it into the overall needs for salary reform in the annual state budget estimate.”

10. Amend and supplement Point c, Point d of Clause 2 of Article 14 as follows:

“c) Approve the list of reduction targets and use the regular annual budget to implement the payment of benefits and policies for the reduction targets.

d) Regularly twice a year (once every six months), compile the results of implementing the reduction, including the list of reduction targets (accompanied by explanations clarifying the reasons for reducing each target) and the funds for implementing the reduction of the Ministry, sector, or locality, and send them to the Ministry of Home Affairs and the Ministry of Finance for inspection according to regulations.”

11. Amend Clause 3, Clause 4 of Article 14 as follows:

“3. The Ministry of Home Affairs shall inspect the reduction targets based on the reports on the results of reduction submitted by the Ministries, sectors, and localities, and provide comments to the Ministry of Finance as the basis for inspection and settlement of the funds already spent on reduction.

4. Based on the comments of the Ministry of Home Affairs, the Ministry of Finance shall inspect the calculation of benefits and policies, and the funds for implementing the reduction of the Ministries, sectors, and localities, and handle the funds according to regulations.”

12. Amend Article 16 as follows:

“Article 16. Time limit for submitting results of streamlining the workforce to the Ministry of Home Affairs|||and the Ministry of Finance for inspection, The Ministry of Finance for inspection

1. By the latest on July 15 each year, ministries, sectors, and localities shall submit to the Ministry of Home Affairs and the Ministry of Finance the results of streamlining the workforce for the first six months of the year for inspection in accordance with regulations.

2. By the latest on January 15 each year, ministries, sectors, and localities shall submit to the Ministry of Home Affairs and the Ministry of Finance the results of streamlining the workforce for the last six months of the previous year for inspection in accordance with regulations.”

13. Amend and supplement Clause 5, Clause 6, and Clause 7 of Article 18 as follows:

“5. Direct the Personnel Organization Department (or Bureau) and the financial agency at the same level to appraise the list of streamlined workforce subjects and the budget estimate for implementing the workforce streamlining policy of the agency or unit under their jurisdiction. Allocate funds from the annual expenditure budget to implement payments for policies and benefits for the workforce streamlining subjects in accordance with regulations.

6. Regularly twice a year (once every six months), compile the results of implementing the workforce streamlining policy, including: the list of workforce streamlining subjects (accompanied by explanations clarifying the reasons for workforce streamlining for each subject) and the budget for implementing the workforce streamlining policy of the ministry or sector, and send them to the Ministry of Home Affairs and the Ministry of Finance for inspection in accordance with regulations. In cases where workforce streamlining is not conducted according to the prescribed legal subjects, recover the budget for implementing the workforce streamlining policy and revoke decisions to resolve workforce streamlining issues, and arrange for those who do not belong to the workforce streamlining subjects to return to work.

7. Regularly on February 15 each year, compile the results and assess the implementation of the workforce streamlining policy of the ministry or sector, and send them to the Ministry of Home Affairs and the Ministry of Finance for consolidation to report to the Prime Minister.”

14. Amend and supplement Clause 5, Clause 6, and Clause 7 of Article 19 as follows:

“5. Direct the Provincial Departments of Home Affairs and Finance to appraise the list of workforce streamlining subjects and the budget estimate for implementing the workforce streamlining policy of agencies and units at the same level and subordinate levels of the budget. Submit to the competent authority to allocate funds from the annual state budget expenditure budget to implement payments for policies and benefits for the workforce streamlining subjects in accordance with regulations.

6. Regularly twice a year (once every six months), compile the results of implementing the workforce streamlining policy, including: the list of workforce streamlining subjects (accompanied by explanations clarifying the reasons for workforce streamlining for each subject) and the budget for implementing the workforce streamlining policy of the locality, and send them to the Ministry of Home Affairs and the Ministry of Finance for inspection in accordance with regulations. In cases where workforce streamlining is not conducted according to the prescribed legal subjects, recover the budget for implementing the workforce streamlining policy and revoke decisions to resolve workforce streamlining issues, and arrange for those who do not belong to the workforce streamlining subjects to return to work.

7. Regularly on February 15 each year, compile the results and assess the implementation of the workforce streamlining policy of the locality, and send them to the Ministry of Home Affairs and the Ministry of Finance for consolidation to report to the Prime Minister.”

15. Amend and supplement Clause 2, Clause 3, and Clause 4 of Article 20 as follows:

“2. Conduct annual inspections of the implementation of the workforce streamlining policy at ministries, sectors, and localities.

3. Within fifteen working days from the date of receipt of the report on the results of implementing the workforce streamlining policy of ministries, sectors, and localities, the Ministry of Home Affairs shall be responsible for inspecting the workforce streamlining subjects of ministries, sectors, and localities and provide comments in writing to the ministries, sectors, and localities; simultaneously send to the Ministry of Finance to have a basis for inspection as a basis for ministries, sectors, and localities to settle the budget for implementing the workforce streamlining policy in accordance with regulations.

4. Regularly on March 31 each year, report to the Prime Minister the situation of implementing this Decree.”

16. Amend and supplement Clause 1 of Article 21 as follows:

“1. Guidelines on the budget for implementing the workforce streamlining policy as stipulated in this Decree.”

17. Amend and supplement Clause 3 of Article 21 as follows:

“3. Within fifteen working days from the date of receipt of the report on the results of implementing the workforce streamlining policy and the written comments of the Ministry of Home Affairs on the workforce streamlining of ministries, sectors, and localities, the Ministry of Finance shall be responsible for inspecting the calculation of policies and benefits, and the budget for implementing the workforce streamlining policy as a basis for ministries, sectors, and localities to settle the budget for implementing the workforce streamlining policy in accordance with regulations. The demand for the budget for workforce streamlining of localities will be compiled together with the demand for implementing salary reform annually and will be processed when assessing the demand for sources of salary reform of localities.”

18. Supplement Clause 4 of Article 23 as follows:

“4. Heads of ministries, sectors, and localities, heads of agencies, organizations, and units under the jurisdiction of ministries, sectors, and localities, and Directors of Personnel Organization Departments (Heads of Personnel Organization Bureaus) and Directors of Provincial Departments of Home Affairs who fail to comply with the legal regulations on workforce streamlining shall be subject to disciplinary action or criminal liability as prescribed by the Party and the law.”

Article 2. Effective Date

This Decree takes effect from October 15, 2018. The construction of the budget for implementing the workforce streamlining policy in the state budget of central ministries, agencies, and localities shall be applied from the 2019 fiscal year.

Article 3. Responsibility for Implementation

1. The Central Organization Department, the National Assembly Office, the President's Office, the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Office shall guide agencies and units under their management to implement workforce streamlining based on the provisions of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and heads of organizations established by the Government or the Prime Minister that are not public service units, and Chairmen of provincial and municipal People's Committees directly under the central government shall be responsible for enforcing this Decree./.