Decree No. 143/2020/ND-CP Amending and supplementing some articles of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlining the establishment and Decree No. 113/2018/ND-CP dated August 31, 2018 of the Government amending and supplementing some articles of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlining the establishment.

DECREE

Amending and supplementing some articles of Decree No. 108/2014/NĐ-CP

dated November 20, 2014 of the Government on reduction of establishment size policy

and Decree No. 113/2018/NĐ-CP dated August 31, 2018

of the Government amending and supplementing some articles of Decree

No. 108/2014/NĐ-CP dated November 20, 2014 of the Government

on reduction of establishment size policy

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Social Insurance Law dated November 10, 2014;

Pursuant to the Labor Code on November 20, 2019;

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

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing One Article of the Civil Servants Law and the Public Officials Law dated November 25, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on reduction of establishment size policy and Decree No. 113/2018/NĐ-CP dated August 31, 2018 of the Government amending and supplementing some articles of Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on reduction of establishment size policy.

Article 1. Amending and supplementing some articles of Decree No. 108/2014/NĐ-CP dated November 20, 2014 of the Government on reduction of establishment size policy and Decree No. 113/2018/NĐ-CP dated August 31, 2018 of the Government amending and supplementing some articles of Decree No. 108/2014/NĐ-CP on reduction of establishment size policy.

1. Amending and supplementing Clause 2 Article 1 of Decree No. 113/2018/NĐ-CP as follows:

"c) Has not reached the required level of training according to the professional standards specified for the position being held, but there is no other suitable position available to be assigned and it is not possible to arrange further training to standardize professional qualifications or the individual has been assigned another job by the agency or unit but voluntarily agrees to implement the reduction of establishment size policy and obtains the consent of the directly managing agency or unit.

d) Has a field of study that does not match the current position being held, thus unable to complete assigned tasks but cannot be assigned another suitable job or the individual has been assigned another job by the agency or unit but voluntarily agrees to implement the reduction of establishment size policy and obtains the consent of the directly managing agency or unit.

đ) In the two consecutive years immediately prior to the time of considering the reduction of establishment size policy, civil servants have one year rated as having completed their tasks and one year not completing their tasks but cannot be assigned another suitable job or did not complete their tasks in the year immediately preceding the time of considering the reduction of establishment size policy but the individual voluntarily agrees to implement the reduction of establishment size policy and obtains the consent of the directly managing agency or unit.

e) In the two consecutive years immediately prior to the time of considering the reduction of establishment size policy, public officials have one year rated as having completed their tasks and one year not completing their tasks but cannot be assigned another suitable job or did not complete their tasks in the year immediately preceding the time of considering the reduction of establishment size policy but the individual voluntarily agrees to implement the reduction of establishment size policy and obtains the consent of the directly managing agency or unit;

g) In the two consecutive years immediately prior to the time of considering the reduction of establishment size policy, each year has a total number of days off due to illness equal to or higher than the maximum number of days off allowed due to illness as stipulated in Clause 1 Article 26 of the Social Insurance Law, with confirmation from the medical facility and the Social Insurance agency paying sickness benefits according to the law, or in the year immediately preceding the time of considering the reduction of establishment size policy, the total number of days off due to illness is equal to or higher than the maximum number of days off allowed due to illness as stipulated in Clause 1 Article 26 of the Social Insurance Law, with confirmation from the medical facility and the Social Insurance agency paying sickness benefits according to the law but the individual voluntarily agrees to implement the reduction of establishment size policy and obtains the consent of the directly managing agency or unit."

2. Amending and supplementing Article 8 of Decree No. 108/2014/NĐ-CP and Clauses 6, Clause 7 Article 1 of Decree No. 113/2018/NĐ-CP as follows:

"Article 8. Policy for early retirement

1. The object of reduction of establishment size policy as prescribed in Article 6 of this Decree, if younger than the maximum age by at least five years and younger than the minimum age by at least two years compared to the minimum retirement age stipulated in Clause 3 Article 169 of the Labor Code and has contributed to social insurance for at least twenty years, including fifteen years in heavy, dangerous, or particularly heavy, dangerous work as listed by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, or fifteen years working in areas with extremely difficult economic and social conditions including time spent working in places with regional allowances of coefficient 0.7 or higher, in addition to receiving retirement benefits according to the law on social insurance, shall also receive the following benefits:

a) Not subject to reduction in the proportion of pension due to early retirement;

b) A lump sum payment of three months' salary for each year retired earlier than the minimum retirement age stipulated in Clause 3 Article 169 of the Labor Code;

c) A lump sum payment of five months' salary for the first twenty years of service, provided that social insurance contributions have been made. For each additional year of service beyond twenty years, a lump sum payment of half a month's salary will be given.

2. The object of reduction of establishment size policy as prescribed in Article 6 of this Decree, if younger than the maximum age by at least five years and younger than the minimum age by at least two years compared to the retirement age stipulated in Clause 2 Article 169 of the Labor Code and has contributed to social insurance for at least twenty years, shall receive retirement benefits according to the law on social insurance and the benefits prescribed in points a and c of Clause 1 of this Article, and a lump sum payment of three months' salary for each year retired earlier than the retirement age stipulated in Clause 2 Article 169 of the Labor Code.

3. The subjects subject to reduction under Article 6 of this Decree, if their age is lower than the minimum retirement age specified in Clause 3, Article 169 of the Labor Code by two years and have contributed to social insurance for at least twenty years, including fifteen years working in heavy, dangerous, or hazardous jobs listed by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or fifteen years working in areas with particularly difficult economic and social conditions, including time worked in places with regional allowances of 0.7 or higher, shall be entitled to retirement benefits as prescribed by laws on social insurance without having their pension rate reduced due to early retirement.

4. The subjects subject to reduction under Article 6 of this Decree, if their age is lower than the retirement age specified in Clause 2, Article 169 of the Labor Code by two years and have contributed to social insurance for at least twenty years, shall be entitled to retirement benefits as prescribed by laws on social insurance without having their pension rate reduced due to early retirement."

3. Amend and supplement Clause 2, Article 9 of Decree No. 108/2014/ND-CP as follows:

"2. The policy prescribed in Clause 1 of this Article shall not apply to those who continue to work after the public service unit they were employed by was converted into a self-financing public service unit or a self-financing public service unit that covers both regular expenses and investment costs, or a business entity or a shareholding company; those who are subjects of reduction under Article 6 of this Decree, whose age is lower than the minimum retirement age specified in Clause 3, Article 169 of the Labor Code by three years, have contributed to social insurance for at least twenty years, including fifteen years working in heavy, dangerous, or hazardous jobs listed by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, or fifteen years working in areas with particularly difficult economic and social conditions, including time worked in places with regional allowances of 0.7 or higher; those who are subjects of reduction under Article 6 of this Decree, whose age is lower than the retirement age specified in Clause 2, Article 169 of the Labor Code by three years, have contributed to social insurance for at least twenty years."

4. Amend and supplement Clause 1, Article 10 of Decree No. 108/2014/ND-CP as follows:

"1. Policy for immediate cessation of employment

Those who are subjects of reduction under Article 6 of this Decree, whose maximum age is lower than the minimum retirement age specified in Clause 3, Article 169 of the Labor Code by two years and do not meet the conditions to enjoy the policy of retiring early as prescribed in Clause 1, Article 8 of this Decree, or whose age is lower than the retirement age specified in Clause 2, Article 169 of the Labor Code by two years and do not meet the conditions to enjoy the policy of retiring early as prescribed in Clause 2, Article 8 of this Decree, if they cease employment immediately, shall be entitled to the following allowances:

a) A subsistence allowance of three months' current salary to find new employment;

b) An allowance of one and a half months' salary for each year of service with contributions to social insurance."

5. Amend and supplement Clause 4, Article 13 of Decree No. 108/2014/ND-CP as follows:

"4. The funds for implementing the reduction policy for the subjects prescribed in Clause 4, Article 6 of Decree No. 108/2014/ND-CP and Clause 4, Article 1 of Decree No. 113/2018/ND-CP shall be allocated from the Enterprise Restructuring and Development Support Fund, except where otherwise provided by law."

6. Amend and supplement Clause 10, Article 1 of Decree No. 113/2018/ND-CP as follows:

"c) Approve the list of reduction subjects and use annual regular budget funds to implement payments of policies and benefits for reduction subjects. For the reduction subjects prescribed in Clause 4, Article 6 of Decree No. 108/2014/ND-CP and Clause 4, Article 1 of Decree No. 113/2018/ND-CP, the representative body of the owner shall implement according to the procedures prescribed in Decree No. 108/2014/ND-CP and Decree No. 113/2018/ND-CP, and simultaneously submit a request to the Ministry of Finance to allocate funds from the Enterprise Restructuring and Development Support Fund to resolve the reduction policy for these subjects, except where otherwise provided by law.

d) Annually compile twice a year (every six months), the results of reduction implementation, including the list of reduction subjects (accompanied by explanations clarifying the reasons for reduction for each subject) and the funds spent on reduction by ministries, sectors, and localities, and send them to the Ministry of Home Affairs and the Ministry of Finance for inspection as prescribed."

7. Add Article 23a after Article 23 of Decree No. 108/2014/ND-CP as follows:

"Article 23a. Transitional Provisions

Those who are reduction subjects prescribed in Clause 4, Article 6 of Decree No. 108/2014/ND-CP and Clause 4, Article 1 of Decree No. 113/2018/ND-CP, whose lists have been approved and budgets prepared by the representative body of the owner before the effective date of this Decree but have not yet received funding from the Enterprise Restructuring and Development Support Fund to resolve reduction policies as prescribed, shall be implemented according to this Decree."

8. Amend Article 24 of Decree No. 108/2014/ND-CP as follows:

"Article 24. Effective Date

This Decree takes effect from January 10, 2015. The policies and benefits prescribed in this Decree shall be applied until December 31, 2030."

Article 2. Effective Date

This Decree takes effect from the date of issuance.

The provisions of Clause 2, Clause 3, and Clause 4 of Article 1 of this Decree take effect from January 1, 2021.

Article 3. Responsibility for Implementation

1. The Central Organization Commission, the National Assembly Office, the President's Office, the Supreme People's Court, the Supreme People's Procuracy, and the State Audit Agency shall guide, inspect, and be responsible for the implementation of reduction in agencies and units under their management in accordance with the provisions of this Decree to ensure compliance with the prescribed subjects and policies.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals shall be responsible for implementing this Decree./.