Decree No. 29/2023/ND-CP on streamlining the establishment

DECREE

Regulations on Streamlining the Establishment

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

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 Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

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

The Government issues this Decree to regulate streamlining the establishment.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the subjects, principles, policies on streamlining the establishment, and responsibilities for implementing the streamlining of the establishment in agencies, organizations, public service units of the Party, State, and social-political organizations from central to commune levels.

Article 2. Subjects Implementing the Policy on Streamlining the Establishment

1. Civil servants, officials, employees; communal-level civil servants and workers under indefinite-term labor contracts in administrative agencies shall be subject to the regime and policies applicable to civil servants as prescribed by the Government if they fall into one of the following cases:

a) Surplus due to review and reorganization of organizational structures and personnel according to the decision of the competent authority or surplus due to reorganization of organizational structures and personnel of public service units to implement the self-management mechanism;

b) Surplus due to reorganization of county-level and commune-level administrative units according to the decision of the competent authority;

c) Surplus due to restructuring civil servants, officials, and employees based on job positions, but unable to arrange other jobs or able to arrange other jobs but the individual voluntarily requests streamlining of the establishment and obtains the consent of the directly managing agency, organization, or unit;

d) Not meeting the training standards specified for the current job position, but there is no suitable alternative job position available for arrangement or it is not possible to arrange further training to standardize their professional qualifications, or the individual is assigned another job position but voluntarily requests streamlining of the establishment and obtains the consent of the directly managing agency, organization, or unit;

đ) Having two consecutive years immediately prior to the time of considering streamlining of the establishment, civil servants, officials, and employees have one year rated as having fulfilled their tasks and one year not fulfilling their tasks, and unable to arrange a suitable alternative job; in the preceding year or during the year of considering streamlining of the establishment, they are rated as having fulfilled their tasks or below, but the individual voluntarily requests streamlining of the establishment and obtains the consent of the directly managing agency, organization, or unit;

e) Having two consecutive years immediately prior to the time of considering streamlining of the establishment, in each year the total number of days off due to illness equals or exceeds the maximum number of days off allowed due to illness as stipulated in Clause 1, Article 26 of the Social Insurance Law, confirmed by the Social Insurance agency paying sickness benefits according to current laws; in the preceding year or during the year of considering streamlining of the establishment, the total number of days off due to illness equals or exceeds the maximum number of days off allowed due to illness as stipulated in Clause 1, Article 26 of the Social Insurance Law, confirmed by the Social Insurance agency paying sickness benefits according to current laws, and the individual voluntarily requests streamlining of the establishment and obtains the consent of the directly managing agency, organization, or unit;

g) Leaders and managers who resign from their positions due to reorganization of organizational structures or administrative units according to the decision of the competent authority, and the individual voluntarily requests streamlining of the establishment and obtains the consent of the directly managing agency, organization, or unit;

h) Civil servants and officials currently under disciplinary action but not yet at the level of removal from office or forced resignation as stipulated by law at the time of considering streamlining of the establishment, and the individual voluntarily requests streamlining of the establishment and obtains the consent of the directly managing agency, organization, or unit.

2. Workers under indefinite-term labor contracts performing specialized tasks within the list of job positions and occupational titles specific to the profession and common professional job positions in public service units as prescribed by the Government, who become surplus due to reorganization or restructuring of personnel in the unit according to the decision of the competent authority.

3. Non-professional staff at the commune level who become surplus due to reorganization of commune-level administrative units and non-professional staff at village or neighborhood levels who become surplus due to reorganization of villages or neighborhoods when reorganizing commune-level administrative units shall take a leave of absence for a period of twelve months from the date of the reorganization decision by the competent authority.

Article 3. Principles of Streamlining Staffing

1. Ensuring the leadership of the Party, promoting the supervisory role of political-social organizations and the people during the process of streamlining staffing.

2. Streamlining the establishment should be linked with the reorganization of organizational structures towards a leaner structure, effective operation, and restructuring and improving the quality of cadres, civil servants, and employees based on job positions, consistent with the self-management mechanism of agencies, organizations, and units.

3. Ensuring the principle of centralized democracy, objectivity, fairness, transparency, and in accordance with the provisions of the law.

4. Ensuring timely and full payment of streamlining staffing policies in accordance with the provisions of the law, ensuring the efficient use of state budget funds.

5. The head must be responsible for the results of implementing streamlining staffing in the agency, organization, or unit under their management authority.

6. If the subjects of streamlining the establishment are re-elected or recruited again into agencies, organizations, and units funded by the state budget within sixty months from the date of implementing the streamlining of the establishment, they must repay the amount of assistance received to the agency, organization, or unit that provided such assistance.

Article 4. Subjects Not Implementing Streamlining Staffing

1. Those who are pregnant, on maternity leave, or raising children under 36 months old, except in cases where individuals voluntarily streamline staffing.

2. Those who are under disciplinary review or criminal prosecution or are being audited or inspected due to suspected violations.

Chapter II

POLICIES FOR STREAMLINING STAFFING

Article 5. Policy on early retirement

1. The subjects of streamlined staffing who are 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 specified in Appendix II issued together with Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regarding retirement age (hereinafter referred to as Decree No. 135/2020/ND-CP) and have contributed to social insurance for at least twenty years, including fifteen years working in heavy, hazardous, dangerous, or extremely heavy, hazardous, dangerous occupations listed by the Ministry of Labor, Invalids, and Social Affairs, or have worked for at least fifteen years in areas with particularly difficult economic and social conditions as listed by the Ministry of Labor, Invalids, and Social Affairs, including time spent working in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, shall, in addition to receiving pension benefits according to the laws on social insurance, also be entitled to the following benefits:

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

b) A lump sum allowance of three months' average salary for each year retired earlier than the retirement age specified in Appendix II issued together with Decree No. 135/2020/ND-CP;

c) A lump sum allowance of five months' average salary for the first twenty years of service, provided that compulsory social insurance contributions have been made for all those years. For each additional year of service from the twenty-first year onwards, with compulsory social insurance contributions made, an allowance of half a month's average salary will be granted.

2. The subjects of streamlined staffing who are 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 specified in Appendix I issued together with Decree No. 135/2020/ND-CP and have contributed to social insurance for at least twenty years shall receive retirement pension according to Article 54 of the Social Insurance Law 2014 (amended and supplemented in 2019), in addition to receiving pension benefits according to the laws on social insurance, they shall also be entitled to the following benefits:

a) A lump sum allowance of three months' average salary for each year retired earlier than the retirement age specified in Appendix I issued together with Decree No. 135/2020/ND-CP;

b) Entitled to the benefits stipulated in point a and point c of Clause 1 of this Article.

3. The subjects of streamlined staffing who are younger than the minimum retirement age by at least two years compared to the retirement age specified in Appendix II issued together with Decree No. 135/2020/ND-CP and have contributed to social insurance for at least twenty years, including fifteen years working in heavy, hazardous, dangerous, or extremely heavy, hazardous, dangerous occupations listed by the Ministry of Labor, Invalids, and Social Affairs, or have worked for at least fifteen years in areas with particularly difficult economic and social conditions as listed by the Ministry of Labor, Invalids, and Social Affairs, including time spent working in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, shall receive pension benefits according to the laws on social insurance and shall not have their pension rate reduced due to early retirement.

4. The subjects of streamlined staffing who are younger than the minimum retirement age by at least two years compared to the retirement age specified in Appendix I issued together with Decree No. 135/2020/ND-CP and have contributed to social insurance for at least twenty years (except female cadres and civil servants at commune level who must have contributed for at least fifteen years), shall receive pension benefits according to the laws on social insurance and shall not have their pension rate reduced due to early retirement.

5. Female cadres and civil servants at commune level who are subjects of streamlined staffing, 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 specified in Appendix I issued together with Decree No. 135/2020/ND-CP, and have contributed to social insurance for at least fifteen but less than twenty years, in addition to receiving pension benefits according to the laws on social insurance, shall also be entitled to the following benefits:

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

b) A lump sum allowance of five months' average salary and the benefits stipulated in point a of Clause 2 of this Article.

Article 6. Policy on transferring to work at organizations not regularly funded by the state budget

1. The subjects of streamlined staffing who transfer to work at organizations not regularly funded by the state budget shall be entitled to the following allowances:

a) A subsistence allowance of three months' current salary;

b) An allowance equal to half a month's average salary for each year of service with mandatory social insurance contributions.

2. The policy stipulated in Clause 1 of this Article shall not apply to those who have worked at public service units that have been converted to public service units self-financing regular expenses or public service units self-financing regular expenses and investment or enterprises or retained after privatization; those who are subjects of streamlined staffing with ages lower than the statutory retirement age by three years as specified in Appendix II issued together with Decree No. 135/2020/ND-CP, having made at least 20 years of mandatory social insurance contributions, including at least 15 years in hazardous, dangerous, or particularly hazardous, dangerous jobs listed by the Ministry of Labor, War Invalids and Social Affairs, or having worked for at least 15 years in areas with extremely difficult economic and social conditions as specified by the Ministry of Labor, War Invalids and Social Affairs, including time working in places with regional coefficients of 0.7 or higher before January 1, 2021; those who are subjects of streamlined staffing with ages lower than the statutory retirement age by three years as specified in Appendix I issued together with Decree No. 135/2020/ND-CP, having made at least 20 years of mandatory social insurance contributions.

Article 7. Policy on Resignation

1. Immediate Resignation Policy

The subjects of streamlined staffing with ages lower than the statutory retirement age by at least two years as specified in Appendices I and II issued together with Decree No. 135/2020/ND-CP, and who do not meet the conditions to enjoy the early retirement policy stipulated in Clauses 1, 2, and 5 of Article 5 of this Decree, if they resign immediately, shall be entitled to the following allowances:

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

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

2. Resignation Policy After Vocational Training

The subjects of streamlined staffing under 45 years old, in good health, with a sense of responsibility and organizational discipline but currently undertaking tasks unsuitable to their educational qualifications and major, who wish to resign, shall be provided opportunities to undergo vocational training before being allowed to resign and find new employment, and shall be entitled to the following benefits:

a) They shall continue to receive their current salary and the agency or unit shall pay social insurance, health insurance, and unemployment insurance (if they belong to the category participating in unemployment insurance) during the period of vocational training, but the maximum duration of such benefits shall be six months;

b) They shall receive a vocational training subsidy equal to the cost of a six-month vocational training course based on their current salary to pay to the vocational training institution;

c) Upon completion of vocational training, they shall receive a subsistence allowance of three months' current salary at the time of training to find new employment;

d) An allowance equal to half a month's average salary for each year of service with mandatory social insurance contributions;

đ) During the period of vocational training, continuous service time shall be counted, but seniority for annual salary increments shall not be counted;

3. The subjects of resignation as stipulated in Clauses 1 and 2 of this Article shall retain their social insurance contribution periods and be issued a social insurance number or receive a one-time social insurance allowance according to the provisions of the Social Insurance Law; they shall not be entitled to the resignation policy for civil servants and officials as prescribed by law.

Article 8. Policy on early retirement for excess commune-level cadres and civil servants who are younger than the statutory retirement age by at least five years but not more than ten years as stipulated in the Social Insurance Law.

1. The target of streamlined staffing is commune-level cadres and civil servants who are excess due to administrative unit reorganization, are younger than the statutory retirement age by at least five years but not more than ten years as stipulated in Appendix I issued together with Decree No. 135/2020/ND-CP, and have contributed to compulsory social insurance for at least twenty years. In addition to enjoying the pension benefits as prescribed by the Social Insurance Law, they shall also enjoy the following benefits:

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

b) A lump-sum allowance of 1.5 months' average salary for each year of early retirement compared to the statutory retirement age specified in Appendix I issued together with Decree No. 135/2020/ND-CP;

c) Enjoyment of the benefits prescribed in point c, Clause 1, Article 5 of this Decree.

2. The target of streamlined staffing is female commune-level cadres and civil servants who are excess due to administrative unit reorganization, are younger than the statutory retirement age by at least five years but not more than ten years as stipulated in Appendix I issued together with Decree No. 135/2020/ND-CP, and have contributed to compulsory social insurance for fifteen to less than twenty years. In addition to enjoying the pension benefits as prescribed by the Social Insurance Law, they shall also enjoy the following benefits:

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

b) A lump-sum allowance of five months' average salary and the benefits prescribed in point b, Clause 1 of this Article.

Article 9. Policy for targets of streamlined staffing who are excess due to administrative unit reorganization at the district and commune levels and retire from the date of the competent authority's decision on reorganization until the end of the reorganization timeline.

1. Targets of streamlined staffing are commune-level and district-level cadres, civil servants, and public officials who are excess due to administrative unit reorganization and retire from the date of the competent authority's decision on reorganization until the end of the reorganization timeline. In addition to enjoying one of the policies prescribed in Articles 5, 6, 7, and 8 of this Decree, they shall also enjoy additional allowances as follows:

a) For cadres

If retiring within twelve months from the date of the competent authority's decision: For each month retired before the end of the term, they shall enjoy an allowance equivalent to half a month's current salary;

If retiring after twelve months from the date of the competent authority's decision on reorganization until before the end of the term: For each month retired before the end of the term, they shall enjoy an allowance equivalent to one quarter of a month's current salary;

Specifically, for those who retire before the end of their term, the number of months for which they can enjoy the allowance is calculated based on the number of months retired before the retirement date mentioned above.

b) For civil servants and public officials

If retiring within twelve months from the date of the competent authority's decision: For each month retired before the end of the timeline for resolving excess cadres, civil servants, and public officials as decided by the competent authority, they shall enjoy an allowance equivalent to half a month's current salary;

If retiring after twelve months from the date of the competent authority's decision on reorganization until before the end of the reorganization timeline: For each month retired before the end of the timeline for resolving excess cadres, civil servants, and public officials as decided by the competent authority, they shall enjoy an allowance equivalent to one quarter of a month's current salary;

Specifically, for those who retire before the end of the reorganization timeline, the number of months for which they can enjoy the allowance is calculated based on the number of months retired before the retirement date mentioned above.

2. Targets of streamlined staffing are non-professional staff members at the commune level, village, and neighborhood committee level who are excess due to administrative unit reorganization and retire within twelve months from the date of the competent authority's decision on reorganization shall enjoy the following allowances:

a) For non-professional staff members at the commune level, village, and neighborhood committee level holding elected positions: For each month retired before the end of the term, they shall enjoy an allowance equivalent to half the monthly subsistence allowance currently enjoyed. Specifically, for those who retire before the end of the reorganization timeline, the number of months for which they can enjoy the allowance is calculated based on the number of months retired before the retirement date mentioned above;

b) For non-professional staff members at the commune level, village, and neighborhood committee level holding positions not elected: For each month retired before the end of the reorganization timeline, they shall enjoy an allowance equivalent to half the monthly subsistence allowance currently enjoyed. Specifically, for those who retire before the end of the reorganization timeline, the number of months for which they can enjoy the allowance is calculated based on the number of months retired before the retirement date mentioned above.

Article 10. Determination of Time Periods and Wages for Calculating Simplified Staff Reduction Benefits

1. The current wage being enjoyed is the wage of the month immediately preceding the staff reduction process. The monthly wage includes: the salary level according to rank, grade, position, title, vocational title, or the agreed salary under the labor contract, or the salary of company management; allowances for position, seniority allowance exceeding the ceiling, occupational seniority allowance, retained salary and salary differential (if any) as prescribed by laws on wages.

2. The average wage is the average monthly wage of the last five years (sixty months) before the staff reduction process. In cases where the service period is less than five years (less than sixty months) with social insurance contributions, the average monthly wage will be calculated based on the entire service period.

3. The date used as the basis for calculating the age requirement for early retirement benefits is the first day of the month following the birth month of the individual; if the birth date is not specified in the individual's file, it shall be considered as January 1st of the year of birth.

4. The time period for calculating the benefits stipulated in Articles 5, 6, 7, and 8 of this Decree is the total time of compulsory social insurance contributions (based on each person’s social insurance number), but without having received severance pay or one-time social insurance benefits or demobilization benefits. If the total benefit calculation period includes a partial month, it shall be rounded off according to the principle: from one month up to six months is counted as half a year and the benefit is paid at the rate of half a year; from more than six months up to twelve months is rounded off as one year.

5. For the time period for calculating early retirement benefits stipulated in Articles 5 and 8 of this Decree, if there is a partial month, it shall be rounded off according to the principle: from one month up to six months is counted as half a year and the benefit is paid at the rate of half a year; from more than six months up to twelve months is rounded off as one year.

Article 11. Sources of funds for implementing staff reduction

1. The funds for implementing the simplified staff reduction policy for the subjects specified in Clause 1 and Clause 3, Article 2 of this Decree shall be provided from the state budget.

For subjects who are civil servants in public institutions that self-finance their regular expenses and investment costs, or public institutions that self-finance their regular expenses as prescribed by the Government, the funds for implementing the simplified staff reduction policy shall be sourced from the institution's operating revenue.

For those working under labor contracts and applying the policies for civil servants as prescribed by the Government, the funds for implementing the simplified staff reduction policy shall be sourced from the regular budget of the agency or organization.

2. The funds for implementing the simplified staff reduction policy for the subjects specified in Clause 2, Article 2 of this Decree shall be sourced from the regular budget or from the operating revenue of the unit.

3. The funds for implementing the simplified staff reduction policy for the subjects specified in Clause 1, Article 18 of this Decree shall be sourced from the regular budget of the Association, including state budget support for regular expenses, income from membership fees, and other lawful sources as prescribed by law.

4. The funds for implementing the simplified staff reduction policy for the subjects specified in Clause 2 and Clause 3, Article 18 of this Decree shall be sourced from the funds allocated for surplus labor when the enterprise undergoes ownership transfer or restructuring as prescribed by law.

5. The funds for implementing the simplified staff reduction policy for the subjects specified in Clause 4, Article 18 of this Decree shall be sourced from the regular budget of the State Financial Fund outside the state budget.

Chapter III

RESPONSIBILITIES OF INDIVIDUALS, ORGANIZATIONS, AND UNITS IN IMPLEMENTING STAFF REDUCTION

Article 12. Responsibilities of heads of agencies, organizations, and units directly managing staff reduction targets

1. Implement staff reduction in accordance with this Decree.

2. Develop annual staff reduction plans in accordance with guidance from higher-level management agencies.

3. Prepare lists of staff reduction targets and budget estimates for subsidies for each staff reduction target, and submit them to competent authorities for approval.

4. After approval by the competent authority, the implementation of simplified staff reduction and payment of benefits to each reduced staff member shall be carried out; social insurance and health insurance shall be paid for the staff members enjoying simplified staff reduction benefits as stipulated in Point a, Clause 2, Article 7 of this Decree.

5. When implementing staff reduction contrary to regulations, the head of the agency, organization, or unit directly managing staff reduction targets shall bear responsibility:

a) Notify the social insurance agency and related agencies to stop paying social insurance benefits and other benefits to staff members who have been improperly reduced; transfer to the social insurance agency the funds already paid to the staff members during the period they were receiving social insurance benefits (pension, social insurance allowance, health insurance card purchase funds).

b) Bear responsibility for recovering the staff reduction policy benefits already granted to such targets;

c) Pay to staff reduction beneficiaries the difference between their salaries and other benefits as prescribed by law and the social insurance benefits they have received;

d) Consider handling the responsibility of related individuals; simultaneously bear responsibility according to the law for failing to comply with staff reduction regulations.

Article 13. Responsibilities of the Minister, Head of a Governmental Agency at the Ministerial Level, Head of a Governmental Agency, and the Head of Organizations Established by the Government or the Prime Minister that are not Public Service Units

1. Direct the implementation of staff reduction according to the provisions of this Decree.

2. Direct and guide the heads of agencies, organizations, and units under their management to develop annual plans for streamlining staffing; establish lists of individuals subject to streamlining and prepare budgets for implementing streamlining according to regulations.

3. Direct the Personnel Department (or Bureau) and the financial agency at the same level to review the lists of individuals subject to streamlining and the budgets for implementing streamlining of agencies, organizations, and units under their management; allocate funds from the annual budget to pay out policies to individuals subject to streamlining according to regulations.

4. Approve the lists of individuals subject to streamlining and the budgets for implementing streamlining of agencies, organizations, and units under their management; and be responsible for these approval decisions.

5. Annually, based on the implementation of streamlining policies (including the number of individuals subject to streamlining and the amount of subsidies for each individual subject to streamlining as stipulated in Clause 3, Article 12 of this Decree), forecast the plan for implementing streamlining in the following year; direct subordinate planning finance departments to prepare budgets for implementing streamlining policies to aggregate and submit to competent authorities for allocation and assignment of streamlining budgets in the national budget of the following year for the Ministry or sector.

6. In cases where streamlining is implemented contrary to regulations, recover and remit to the state budget the funds used for streamlining, revoke decisions on streamlining, and reassign those who are not eligible for streamlining back to work; simultaneously, examine and handle responsibilities of agencies, organizations, units, and individuals involved, and bear responsibility according to laws regarding non-compliance with streamlining regulations.

7. Periodically before February 15 each year, compile results and assess the implementation of streamlining within their management scope and send them to the Ministry of Home Affairs and the Ministry of Finance for consolidation to report to the Prime Minister.

Article 14. Responsibilities of People's Committees, Chairpersons of Provincial People's Committees, and Municipal People's Committees directly under the Central Government (hereinafter referred to collectively as provincial level)

1. For Provincial People's Committees

a) Direct the implementation of staff reduction according to the provisions of this Decree;

b) Direct and guide the heads of agencies, organizations, and units under their management to develop annual plans for streamlining; establish lists of individuals subject to streamlining and prepare budgets for implementing streamlining according to regulations;

c) Direct the Department of Home Affairs to review the lists of staff subject to reduction of agencies, organizations, and units under their management;

d) Direct the Department of Finance to review budgets for implementing streamlining of agencies, organizations, and units under their management; submit to competent authorities for allocation of funds from the annual state budget to implement payments for individuals subject to streamlining according to regulations;

đ) Annually, based on the implementation of streamlining policies (including the number of individuals subject to streamlining and the amount of subsidies for each individual subject to streamlining as stipulated in Clause 3, Article 12 of this Decree), forecast the plan for implementing streamlining in the following year; direct the Department of Finance to prepare budgets for implementing streamlining policies to aggregate into the demand for salary reform in the national budget of the following year for the locality;

e) Periodically before February 15 each year, compile results and assess the implementation of streamlining in the previous year within their management scope and send them to the Ministry of Home Affairs and the Ministry of Finance for consolidation to report to the Prime Minister;

g) Based on local budget balancing, submit to the People's Council at the same level for issuance of additional support policies for individuals subject to streamlining.

2. For Chairpersons of Provincial People's Committees

a) Approve the lists of individuals subject to streamlining and the budgets for implementing streamlining of agencies, organizations, and units under their management; and be responsible for these approval decisions;

b) In cases where streamlining is implemented contrary to regulations, recover and remit to the state budget the funds used for streamlining, revoke decisions on streamlining, and reassign those who are not eligible for streamlining back to work; simultaneously, examine and handle responsibilities of agencies, organizations, units, and individuals involved, and bear responsibility according to laws regarding non-compliance with streamlining regulations.

Article 15. Responsibilities of the Ministry of Interior

1. Inspect the implementation of regulations on streamlining the establishment at ministries, sectors, and localities.

2. Report to the Prime Minister on the implementation of this Decree before March 31 each year.

Article 16. Responsibilities of the Ministry of Finance

1. Guide the determination of funding sources and the preparation of budgets, management, utilization, and settlement of funds for implementing the streamlining policy as stipulated in this Decree.

2. Allocate funds for streamlining the establishment, subject to approval by the competent authority in accordance with the State Budget Law.

3. Aggregate and process funds for streamlining the establishment of localities when reviewing annual salary reform needs and sources.

Article 17. Responsibilities of the Vietnam Social Security

The Vietnam Social Security shall be responsible for guiding business operations and directing the provincial and centrally-administered city social security agencies to handle social insurance policies and benefits for personnel subject to streamlined staffing as stipulated in this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Application of the Decree to Other Subjects

1. Persons working in mass organizations assigned tasks by the Party and State and guaranteed funding by the State to perform State-assigned tasks under one of the cases specified in point a, d, and e of Clause 1, Article 2 of this Decree.

2. Chairmen of companies, Chairmen of the Board of Members, members of the Board of Members, General Directors, Directors, Deputy General Directors, Deputy Directors, Chief Accountants, Supervisors (excluding General Directors, Directors, Deputy General Directors, Deputy Directors, and Chief Accountants employed under labor contracts) in wholly state-owned limited liability companies (including: parent companies of state economic groups; parent companies of state corporations; parent companies within a group of parent-child companies; independent companies) that have surplus staff due to shareholding reform, selling the entire enterprise, mergers, consolidations, divisions, dissolution, bankruptcy, or conversion into limited liability companies with two or more shareholders or conversion into public service units according to the decision of the competent authority; Directors, Deputy Directors, and Chief Accountants of state-owned forestry and agricultural enterprises that have surplus staff due to reorganization as prescribed by law.

3. Cadres, civil servants, and employees appointed by the competent authority to represent state capital contributions in surplus enterprises reorganized according to the decision of the competent authority.

4. Cadres, civil servants, and employees appointed by the competent authority to hold leadership and management positions in state financial funds outside the budget that have surplus staff due to reorganization of such funds according to the decision of the competent authority.

5. Cadres, civil servants, and employees at the district and commune levels that have surplus staff due to reorganization of administrative units at the district and commune levels during the period from 2019 to 2021 and have not yet been resolved, the Chairmen of the People's Committees of provinces and centrally-administered cities shall apply the provisions of Clause 1, Article 9 of this Decree to resolve benefits and policies for these cases. The source of funds for paying these policies shall be provided by the State budget.

Article 19. Effective Date

1. This Decree takes effect from July 20, 2023. The benefits and policies prescribed in this Decree shall be applied until December 31, 2030.

2. The following Decrees shall cease to be effective from the date this Decree takes effect, including:

a) Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlined staffing;

b) Decree No. 113/2018/ND-CP dated August 31, 2018 of the Government amending and supplementing certain articles of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlined staffing;

c) Decree No. 143/2020/ND-CP dated December 10, 2020 of the Government amending and supplementing certain articles of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlined staffing and Decree No. 113/2018/ND-CP dated August 31, 2018 of the Government amending and supplementing certain articles of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlined staffing.

Article 20. Transitional Provisions

1. Cases where the time of streamlined staffing occurs after this Decree takes effect but were decided by the competent authority for streamlined staffing before the issuance of this Decree shall not be reconsidered for benefits and policies under this Decree; the Minister, Heads of government agencies, heads of organizations established by the Government and Prime Minister that are not public service units, and Chairmen of provincial People's Committees shall bear responsibility for their decisions; at the same time, they shall compile the results of streamlined staffing to report to the Ministry of Home Affairs and the Ministry of Finance in accordance with Clause 7, Article 13 and Point e, Clause 1, Article 14 of this Decree.

2. Article 11 of Decree No. 108/2014/ND-CP dated November 20, 2014 of the Government on policies for streamlined staffing shall continue to be effective until new regulations are issued by the Government.

Article 21. Responsibility for Implementation

1. The Central Organization Department, the Committee for Deputies' Work under the Standing Committee of the National Assembly, the Office of the President, the Supreme People's Procuracy, the Supreme People's Court, and the State Audit Agency shall guide the relevant agencies, organizations, and units under their jurisdiction to implement streamlined staffing based on the provisions of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, heads of organizations established by the Government and Prime Minister that are not public service units, Chairmen of provincial People's Committees, and related agencies, organizations, units, and individuals shall be responsible for implementing this Decree.