Decision No. 16/2000/NQ-CP On streamlining the establishment in administrative agencies and public service units

RESOLUTION OF THE GOVERNMENT

Regarding the streamlining of staffing in administrative agencies,

public service unit

Implementing the Resolution of the 7th Plenary Session of the Central Committee of the Party (8th tenure) on "Some issues regarding the organizational structure of the political system and state budget salaries and social allowances," during the two days of March 29 and 30, 2000, the Government discussed and agreed on the implementation of staffing streamlining in administrative agencies and public service units from now until the end of 2002 as follows:

I. OBJECTIVES, PRINCIPLES, AND TARGETS OF STAFFING STREAMLINING

1. Objectives of staffing streamlining

a) General objectives

Staffing streamlining will be carried out concurrently with the review and clear definition of functions, tasks, and organizational structures to improve the quality of cadres, civil servants, and employees; enhance the quality of operations, effectiveness, and efficiency of organizational structures, serving as a foundation for fundamental reform of the national administrative system in the future.

b) Specific objectives

From now until the end of 2002, efforts should be made to reduce approximately 15% of staffing in state administrative agencies and indirect staffing in public service units.

2. Principles of staffing streamlining

a) Ensuring the completion of assigned functions and tasks based on reasonable reorganization and allocation of labor within agencies and units to increase productivity and sense of responsibility among cadres, civil servants, and employees.

b) Based on reviews and adjustments of functions, tasks, authorities, and management mechanisms of each agency and unit, to reasonably organize and clearly define staffing in administrative agencies versus staffing in public service, economic, and public service units; develop appropriate plans to reduce staffing for each type of organization; do not uniformly stipulate the same reduction ratio, and avoid conducting reductions in a mechanical, uniform manner.

c) The staffing of each central and local agency and unit must be based on specific content, workload, and job standards, and reasonable cadre and civil servant structures; have suitable mechanisms to allocate funds for the activities of agencies and units instead of funding based on current staffing numbers.

d) Ensure transparency, democracy, and compliance with legal regulations.

đ) Ensure the effective implementation of staffing streamlining without significantly impacting the morale and lives of cadres, civil servants, and employees.

3. Scope of staffing streamlining

Staffing streamlining in state administrative agencies and indirect staffing in public service units from the central level to the district level (including civil servants working in administrative and public service units under the Ministry of National Defense and the Ministry of Public Security). Indirect staffing streamlining in state-owned enterprises will be implemented within the restructuring plan of state-owned enterprises as prescribed by the Government.

4. Target groups for staffing reduction

The target groups for staffing reduction (excluding those retiring according to current regulations) include:

a) Those who need to be reorganized after reviewing functions, tasks, and organizational restructuring.

b) Those who fail to consistently meet the quality and time requirements for their assigned work due to weak leadership, management, and professional skills, lack of responsibility, poor organizational discipline.

c) Those who are not physically fit to work.

d) Those who are surplus due to adjustments in the structure of civil servants and employees in service departments.

đ) Those transferred by competent authorities managing civil servants to organizations that do not use staffing or state budget.

II.ON THE CONTENT, SOLUTIONS, AND POLICIES FOR IMPLEMENTING STAFFING STREAMLINING

1. Conducting reviews, adjustments of functions, tasks, and organizational restructuring

a) For state administrative agencies

The review, adjustment of functions, tasks, and organizational restructuring of state administrative agencies shall be carried out according to the principles and contents stipulated in Sections 2, 3, and 5 of Part I of Decision No. 207/1999/QĐ-TTg dated October 25, 1999, of the Prime Minister on the implementation plan of the Resolution of the 7th Plenary Session of the Central Committee of the Party (8th tenure).

When restructuring, it is necessary to clearly identify organizations that need to be maintained and consolidated, merged, or dissolved. Focus on streamlining the internal structures of General Departments, Bureaus, Directorates, Departments, Commissions, and Divisions with overlapping functions and tasks.

b) For public service units

Based on the position, role, functions, tasks, financial mechanism, beneficiaries of products, and actual operational conditions of public service units, determine and classify public service units (education, training, health, science, economy, culture-information, sports) under the management of ministries, sectors, and localities that need to be maintained, merged, dissolved, converted, or transformed.

2. Organizing and utilizing staffing

a) Based on the organizational structure that has been restructured and the job standards for civil servants and employees issued by the State, establish the cadre, civil servant, and employee structure for each subordinate agency and unit of ministries, sectors, provincial People's Committees, district People's Committees.

When establishing the structure and number of cadres, civil servants, and employees, consider the following factors:

Workload that the organization must undertake;

Complexity of the work;

Importance of the work;

Scope of management impact;

Characteristics of the managed objects;

Modernization of offices, working conditions, and equipment to enhance the productivity of cadres, civil servants, and employees;

Experience and practical organizational guidance in implementation.

b) The organization and utilization of cadres, civil servants, and employees must be based on the job standards and professional qualifications of civil servants and employees issued by the State, linked to the assessment of individual competence, ability, and performance.

Select individuals with capability and integrity to retain for long-term stable employment to ensure the quality of agency and unit operations.

For those belonging to the staffing reduction targets, they will be organized into the following groups:

Group 1: Those working in service and support departments that need to be reorganized to adopt contractual systems instead of recruiting into staffing positions;

Group 2: individuals who may be transferred to work in enterprises, units belongingto the semi-public category according to Decree No. 73/1999/NĐ-CP dated August19, 1999 of the Government on policies encouraging socialization for activities inthe fields of education, healthcare, culture, sports, and units implementing apartial self-financing system;

Group 3: individuals who need to be arranged for early retirement due to reorganization;

Group 4: individuals with limitations in their professional expertise and thosewith unsuitable professional qualifications for their jobs but still young, shallbe provided conditions to learn new skills to find new employment;

Group 5: individuals not falling into any of the above groups shall be resolved toterminate their employment (including those transferred to work at private andpublicly established organizations according to Decree No. 73/1999/NĐ-CP datedAugust 19, 1999 of the Government);

3. On solutions to streamline staffing;

a) While implementing Decision No. 207/1999/QĐ-TTg dated October 25, 1999 of thePrime Minister, agencies and units shall not establish new organizations. In casesof real necessity, if permission from the competent authority to establish anew organization is granted, the staffing of the new organization (except foreducation, training, and healthcare institutions) shall be adjusted within theallocated staffing quota by the agency or unit itself;

b) Prioritize and create favorable conditions for civil servants and employees inthe reorganization process to transfer to other organizations that do not usestaffing quotas and administrative expenses from the state budget;

c) Create favorable conditions for civil servants and employees under 45 years oldwho have limitations in their professional qualifications or are not suitablefor their current tasks to attend training to change careers;

d) Strictly implement retirement for civil servants and employees in accordancewith current regulations. Recruitment of replacements for those retiring can onlybe carried out after the Government approves the staffing reduction plans ofministries, sectors, and localities, and must be conducted through examinations inaccordance with the Civil Servant Law;

e) Resolve early retirement for civil servants and employees within the reorganizationprocess;

f) Resolve termination of employment for civil servants and employees;

g) Implement expanded staffing quotas and stable three-year administrative expenseallocations for subordinate units of ministries, ministerial-level agencies, andgovernment agencies, and subordinate units of provincial and district people'scommittees; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).h) Transfer workers engaged in service roles recruited after the issuance ofGovernment Decree No. 25/CP dated May 23, 1993 to apply a contractual systeminstead of the current recruitment into staffing positions (excluding certainorganizations as specified by the Government). The contractual system shall beprescribed by the Government;

i) Implement new financial policies and mechanisms for administrative units andservice public (non-profit) units with revenue;

j) Promote socialization of service public (non-profit) units according toGovernment Decree No. 73/1999/NĐ-CP dated August 19, 1999;

k) Based on the type and nature of tasks of service public units, issue mechanismspolicies and finances to reform management mechanisms and promote socialization;

Ministries, ministerial-level agencies, government agencies, and

provincial and district people's committees shall, based on actual circumstances,create conditions and allow subordinate units to establish service organizations(not using staffing quotas, assets, and state budget) in appropriate forms inaccordance with the law to resolve employment for individuals within thestaffing reduction process; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).l) Organize training and capacity building to continue improving knowledge,management, leadership, and professional skills of the cadre of civil servantsand administrative public service staff according to the cadre training anddevelopment plan for the period 2000-2005;

4. Some policies in the staffing reduction process;

Civil servants, employees within the staffing reduction scope, in addition toimplementing current policies and benefits for civil servants and employees,shall also enjoy the following policies and benefits:

a) Civil servants and employees working in agencies and units who are assignedby the competent authority to work in semi-public entities shall enjoy thefollowing policies and benefits:

Be ensured by the semi-public entity the rights and benefits of civil servantsincluding salary, social insurance, health insurance, nomination for nationalhonors and awards, and organization of training, study tours to improve theirqualifications;

Be ensured by the civil servant management agency:

Equality in consideration for appointment to leadership positions in stateagencies as civil servants working in public establishments when they meet thelegal criteria;

A one-time grant equivalent to three months' salary and allowances (if any)currently enjoyed;

In case the semi-public entity is dissolved, these civil servants and employeesmay be reassigned to their original agencies or units under the condition thatthey maintain good moral character and possess qualifications suitable for thework of the agency or unit;

b) Civil servants and employees within the staffing reduction scope, if agedbetween 55 and under 60 for males and between 50 and under 55 for females, andhave contributed to social insurance for at least 20 years, shall be entitled toretirement without deduction for early retirement and shall additionally receivethe following two subsidies:

For each year (12 months) of early retirement, they will receive an additionalthree months' salary and allowances (if any) currently enjoyed;

For the first 20 years of service with full social insurance contributions, theywill receive a subsidy of five months' salary and allowances (if any) currentlyenjoyed. Thereafter, for each additional year of service with full socialinsurance contributions, they will receive an additional half month's salary andallowances (if any) currently enjoyed;

c) Civil servants and employees within the staffing reduction scope who meet theage requirements stipulated in the Labor Code, if their time contributing tosocial insurance is short by less than one year, the agency or unit will contributeto social insurance for the remaining period and arrange for them to retireaccording to the regulations.

c) Officials, civil servants, and public employees subject to streamlined staffing who meet the age requirements stipulated in the Labor Code, if their social insurance contribution period is still lacking from one year or less, the agency or unit shall make social insurance contributions for the remaining period and arrange for them to retire according to regulations.

d) For those who leave their positions and transfer out of state administrative staffing, in addition to resolving the termination benefits according to Article 3 of Decree No. 96/1998/NĐ-CP dated November 17, 1998 of the Government on termination benefits for officials and civil servants, they will also be entitled to additional assistance as follows:

For each year of service calculated as one month's salary and allowances (if applicable) currently enjoyed, but not less than two months' salary and allowances (if applicable) currently enjoyed.

đ) Officials, civil servants, and public employees under the age of 45 years old, in good health, with a sense of responsibility and organizational discipline, but limited in professional qualifications or unsuitable for their assigned tasks, if willing, shall be provided opportunities to attend vocational training to find new jobs. Those attending training will receive full salary during the maximum period of six months and will additionally receive a financial allowance equal to six months' salary and allowances (if applicable) currently enjoyed.

After completing vocational training, those who attended training will have their job-seeking assistance and termination benefits resolved according to Article 3 of Decree No. 96/1998/NĐ-CP dated November 17, 1998 of the Government and will seek new employment independently.

e) Encouragement policies for officials, civil servants, and public employees holding leadership positions after organizational restructuring.

Officials, civil servants, and public employees who cease to hold positions due to organizational restructuring will retain their position allowances for twelve months. During this retention period, if reappointed to another position, they will not receive the retained position allowance. If not reappointed, their salary grade will be adjusted according to the principle that the new salary level should correspond to the old salary level plus the retained position allowance.

The policies stipulated in points b, c, d, đ of this section shall apply for three years (2000 - 2002).

III. ON THE ORGANIZATION AND IMPLEMENTATION

1. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y of provincial people's committees directly under the central government shall report to the same-level Party Committee on proposals for organizational consolidation, staff reduction, and directly oversee the organizational restructuring and staff reduction of their own agencies and units, instructing heads of subordinate agencies and units to develop proposals for organizational consolidation and staff reduction ensuring quality and following the schedule set forth in Decision No. 207/1999/QĐ-TTg dated October 25, 1999 of the Prime Minister.

2. Implementation procedures follow the steps below:

a) Step 1: Review functions and tasks linked to transferring tasks not suitable to other agencies or units; decentralize tasks to localities, lower levels, and public service organizations that have been socialized;

b) Step 2: Reorganize structures; immediately dissolve intermediary organizations; improve work methods and administrative procedures;

c) Step 3: Develop plans for staff arrangement;

Basedon the selection and arrangement of officials, civil servants, and publicemployees as stipulated in point b, Section 2, Part II of this Resolution, theHead of the agency or unit shall report to the Party Committee and discuss withthe same-level trade union organization about the plan for arranging officials,civil servants, and public employees; estimate the budget including the partfrom the state budget and the part supported by the agency (if applicable) toimplement staff reduction; submit the approved plan to the immediate superiorHead;

d) Step 4: After approval by the competent authority, the Head of the agency or unit shall report to the Party Committee and discuss with the same-level trade union organization, while simultaneously conducting propaganda and mobilizing officials, civil servants, and public employees within the agency or unit to implement the staff reduction plan. The Head of the agency or unit shall organize the implementation of staff arrangement and transfer.

3. The Ministry of Finance shall allocate the state budget plan to implement this Resolution, supervise, and coordinate with the Government's Organization and Cadre Management Agency to guide the procedures for issuing, paying, and settling the budget for implementing staff reduction based on the following principles:

In the field of state administration and non-profit public services, the state budget ensures funding.

In the field of public services with revenue, both the state budget and the unit's revenue ensure funding.

4. The Government's Organization and Cadre Management Agency shall guide the implementation of organizational restructuring and staff reduction for administrative state agencies and public service units; supervise and coordinate with the Government Office to monitor the implementation of this Resolution, reporting periodically every six months to the Prime Minister on the results of implementation.

Organizational restructuring and staff reduction involve complex issues directly related to the rights and interests of officials, civil servants, and public employees. Therefore, apart from organizing and studying Party documents and state legal texts on implementing the Resolution of the 7th Plenary Session of the Central Committee (Term VIII), Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y of provincial people's committees directly under the central government must thoroughly understand, strictly direct, and establish reporting systems for the implementation of this Resolution.

ThePrime Minister requests Party organizations to direct and coordinate with Headsand mass organizations at each agency and unit throughout the process ofimplementing organizational consolidation and staff reduction to effectivelyimplement the Resolution of the 7th Plenary Session of the Central Committee of theCommunist Party of Vietnam (Term VIII). /