Decision No. 60/2001/QD-BNN on issuing the Plan for Organizational Restructuring and Reduction of Staff Complement for Administrative Organs and Units under the Ministry of Agriculture and Rural Development.

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of the Plan for Organizational Restructuring and Reduction of Staff Complement for Administrative Agencies and Public Service Units under the Ministry of Agriculture and Rural Development.

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Resolution No. 16/2000/NQ-CP dated October 18, 2000 of the Government, Circular No. 73/2000/TTLT-BTCCBCP-BTC dated December 28, 2000 of the Joint Office of the Government's Civil Service Management Board and the Ministry of Finance on the Reduction of Staff Complement in Administrative Agencies and Public Service Units;

Considering the proposals of the Director of the Department of Finance and Accounting and the Director of the Department of Organization and Cadres.

DECISION:

Article 1. -Issuing the Plan for Organizational Restructuring and Reduction of Staff Complement for Administrative Agencies and Public Service Units under the Ministry of Agriculture and Rural Development in accordance with Resolution No. 16/2000/NQ-CP dated October 18, 2000 of the Government on the Reduction of Staff Complement in Administrative Agencies and Public Service Units.

(As attached).

Article 2. -Entrusting the Heads of Administrative Agencies and Public Service Units under the Ministry to organize the implementation of organizational restructuring, evaluation of civil servants, reduction of staff complement, and regularly report the results of implementation to the Ministry.

Entrusting the Department of Organization and Cadres to serve as the permanent body, coordinating with the Department of Finance and Accounting to urge and guide subordinate agencies and units under the Ministry to implement the reduction of staff complement according to the directives of relevant state agencies.

Article 3. -The Head of the Office, the Directors of the Department of Organization and Cadres, the Department of Finance and Accounting, and the Heads of related agencies and units under the Ministry shall be responsible for enforcing this decision./.

Plan for Organizational Restructuring and Reduction of Staff Complement for Administrative Agencies and Public Service Units under the Ministry of Agriculture and Rural Development

(Attached to Decision No.: 60/2001/QĐ/BNN/TCCB dated May 24, 2001)

of the Minister of Agriculture and Rural Development)

Implementing Resolution No. 16/2000/NQ/CP dated October 18, 2000 of the Government (referred to as Resolution 16), Circular No. 73/2000/TTLT-BTCCBCP-BTC dated December 28, 2000 on the reduction of staff complement in administrative agencies and public service units, and the approval of the Prime Minister regarding the plan for organizational restructuring and reduction of staff complement of the Ministry of Agriculture and Rural Development, the Ministry of Agriculture and Rural Development issues the Plan for the Reduction of Staff Complement in Administrative Agencies and Public Service Units under the Ministry.

I/- Objectives and Targets for Reduction:

1./ Objectives:

1.1- General Objective:

a/ Administrative agencies including Departments, Bureaus, Inspectorate, and the Ministry's Office totaling 18 agencies, reduce by 15% from the current number as of December 31, 2000 compared to the target set in 1999.

b/ Public Service Units:

The indirect organizational structure at public service units is expected to reduce by 15% andonly leaveinternational from 12% to 15% based on the total current number. Meanwhile: The indirect staff complement at public service units under the Ministry includes leaders of the units (including leaders of affiliated organizations) and civil servants working in departments, offices, and non-operational support positions, not directly performing primary tasks such as teaching, medical treatment, scientific research, forest protection, dike maintenance... As of December 31, 1999, it exceeded 30%, thus the target for reduction at public service units is approximately 15% of the 1999 target and the current number as of December 31, 2000.

Public service units directly under enterprises that are currently implementing a direct budget allocation mechanism from the State budget will gradually decrease until 2001, and starting from 2002, they will be fully self-funded, with these funds allocated within the product cost. Therefore, as of December 31, 2002, they will no longer be included in the public service staff complement allocated annually by the Government's Civil Service Management Board and will be categorized similarly to those transferred to socialization.

Specifically, public service scientific units directly under the Ministry, which have not yet been considered for inclusion in Item 1, Article 1 of Decision No. 782/QĐ-TTg dated October 24, 1996 of the Prime Minister on the restructuring of scientific and technological agencies, will also adopt a revenue-generating public service model, self-funding, and will not be included in the annual public service staff complement allocated by the Government's Civil Service Management Board, similar to units under enterprises.

1.2- Projected Reduction in Staff Complement of the Administrative Reform Board:

The National Administrative Reform Board projects a total reduction of 2,426 people for the Ministry of Agriculture and Rural Development from now until the end of 2002, including a 15% reduction for administrative agencies amounting to 161 people.

Additional replacements for units increasing their workload will be approved by the Government's Civil Service Management Board after 2002.

1.3- Specific Targets for Each Agency and Unit:

Based on the general objectives and projections of the National Administrative Reform Board, the Ministry will provide a specific list, to be announced later, to each agency and unit.1. The Minister, head of a ministry-level agency, head of an agency under the Government, Chairman of the People's Committee of a province or centrally governed city shall be responsible for implementing this Circular..

Cases reduced under Resolution 16 involve reducing the staff complement targets of agencies and units over the two years 2001 and 2002, excluding those involving changes in the quality of civil servants. Units increasing their workload will be considered for additional staffing after approval by the Government's Civil Service Management Board.

2/- Target Groups for Reduction:

According to Resolution 16/2000/NQ/CP, the target groups for reduction (excluding those reduced due to retirement or other normal reductions) include five categories, which the Ministry specifies further as follows:

2.1- Redundant due to reorganization of functions and responsibilities, consolidation of management structures, elimination of overlapping work, and inability to fully employ all labor in new positions.

2.2- Those who lack capability, responsibility, poor organizational discipline, frequently failing to meet the quality and time requirements for assigned tasks (assessed jointly by the head of the unit and the trade union at the same level).

2.3- Those who are unable to work due to health reasons, on unpaid leave, or not directly performing unit duties (including those not working at the unit but contributing to social insurance)... for a continuous period of 60 days/year over two consecutive years, or whose health has deteriorated to 61% or more; those on overseas assignments, study, or leave exceeding the prescribed duration without a decision from the approving authority, will be removed from the list and their staff complements reduced accordingly.

2.4- Those in support positions recruited as civil servants after May 23, 1993, or those recruited before May 23, 1993, who voluntarily resign from civil servant status to enter into employment contracts as stipulated in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government.

2.5- Civil servants and employees transferred to enterprises under Institutes and Universities (established pursuant to Decision No. 68/1998/QĐ-TTg), receiving personnel quotas and salary funds from the business results of the enterprise; those who are currently implementing projects not assigned by the Ministry...

2.6- Male aged 55 to under 60 years old, Female aged 50 to under 55 years old with at least 20 years of social insurance contributions, if they cannot be reassigned due to organizational restructuring, shall be arranged for early retirement without implementing the resignation system.

2.7- Those who are still working but due to exceeding the authorized quota according to regulations, have been transferred by competent authorities to places where there is a shortage or arranged for training and further education, but now voluntarily request to resign due to reduction in the quota.

2.8- Units undergoing dissolution, merger, or organizational restructuring during this period, if the new unit's quota is lower than that of the previous unit (in 1999), then those exceeding the quota will also be included in the scope of staff reduction.

2.9- Units under the staffing quota managed by the Government Personnel Affairs Board, starting from 2002, will no longer be part of the public service quota including:

- Subordinate to enterprises providing funding from the state budget gradually decreasing until it ceases (by December 31, 2001), then from January 1, 2002, the number of people within the unit's quota will be arranged and paid by the enterprise;

- Economic public service units;

- Those transferred by competent authorities to work in organizations not using the quota and salary fund from the state budget, transferring to economic public service sectors;

- Units currently under scientific public service quotas, after reorganization and submission to the government for approval, but not included in Item I of Article 1 of Decision No. 782/QĐ-TTg dated October 24, 1996 of the Prime Minister on the reorganization of scientific and technological agencies, will apply self-financing mechanisms, no longer receive staffing quotas, and operate similarly to revenue-generating public service units under enterprises...

2.10- Other voluntary subjects proposed by units for consideration and resolution by the Ministry.

2.11- For those who have reached the retirement age: implement the retirement policy at the correct age, for cases extending their working time, annual decisions by the Minister must be made as stipulated in Circular No. 19/2001/TT-BTCCBCP dated April 25, 2001 of the Government Personnel Affairs Board guiding the implementation of Decree No. 71/2000/ND-CP dated November 23, 2000 of the Government.

1.3- Subjects not yet or not applying the staff reduction policy: Implement as guided by the circulars of relevant Ministries, the Ministry will only consider special cases with valid voluntary applications reported by units.

II/- Procedures and steps:

1- Assignment to prepare.

1.1- The permanent body for staff reduction:

The Ministry assigns the Organization and Cadre Department together with the Finance and Accounting Department as the permanent body for staff reduction, preparing and organizing the implementation of the following contents:

- Training,

- Reviewing the restructuring and staff reduction plans,

- Budgeting; preparing and settling financial payments and final accounts according to Decree No. 96/1998/CP and Resolution No. 16/2000/NQ-CP,

- Directing the implementation of retirement and resignation according to the Social Insurance Decree.

- Summarizing and drawing lessons every six months

- Reporting according to regulations.

1.2- For each agency and unit:

Implement the procedures in five steps as specified in Point 2, Section III of Resolution No. 16/2000/NQ-CP.

Below are some additional points to note:

a/ Building and submitting to the Ministry for approval the restructuring and staff reduction plan including:

- Reassessing functions and tasks: still appropriate, no longer appropriate, overlapping with other agencies and units, missing out on unfulfilled tasks... requiring adjustment and reorganization;

- Determining the workload by task groups to identify job positions, paying attention not to determine the workload for individual persons;

- Evaluating and classifying civil servants A, B, C, D according to the Civil Servant Law;

- Determining the appropriate structure of civil servants for new tasks;

- Arranging civil servants classified as D to enter into employment contracts according to the Labor Law;

- Forecasting the number of staff reductions and the financial resources required;

- Reviewing and supplementing civil servant files.

b/ The head of the agency or unit is responsible for the organization and staff reduction. However, during the process of completing the report, attention should be paid to the following procedures:

- Reporting to the Party Committee and coordinating with the Trade Union at the same level regarding the restructuring plan - evaluation and classification of civil servants before reporting to the Ministry to effectively implement the Resolution;

- Organizing training and promoting civil servants and employees to implement;

- Organizing for civil servants to participate in selecting those with sufficient ability and integrity to continue working long-term and those within the scope of staff reduction in a transparent and democratic manner (according to the democratic regulations of the agency issued in Decree No. 71/1998...).

c/ Properly implementing the retirement policy for civil servants at the correct age:

Implementing retirement at the correct age as per Directive No. 141/CT-BNN dated October 14, 1999 of the Minister of Agriculture and Rural Development. Cases extending working time must annually have a decision by the Minister, as stipulated in Circular No. 19/2001/TT-BTCCBCP dated April 25, 2001 of the Government Personnel Affairs Board guiding the implementation of Decree No. 71/2000/ND-CP dated November 23, 2000 of the Government.

1.3- Responsibilities of Civil Servants.

Each civil servant should contact and propose trustworthiness for those expected to be retained for long-term work, those who should be placed in the scope of staff reduction..., during the reorganization process in accordance with the functions and tasks of the agency or unit; identifying any unfair reassignments and being informed of the leadership's planned arrangements for themselves... during the labor force reassignment process of their own agency or unit.

2/ Assignment to implement:

2.1- Organizing training:

- The Ministry assigns the Organization and Cadre Department and the Finance and Accounting Department:

Preparing guidance content according to state agencies and the Ministry,

Training time in the second quarter of 2001.

- Assigning Agricultural Management Colleges 1 and 2 to prepare for training.

2.2- Assigning the Organization and Cadre Department:

- Serving as the permanent body for organization restructuring and staff reduction

- Submit to the Party Executive Board of the Ministry for approval on the plan for organizational restructuring of the Ministry and the anticipated reduction in personnel establishment of each administrative unit and public service institution (Comprehensive Report) by the end of the third quarter of 2001.

- Review the plans for reducing personnel establishments of units under the Ministry.

2.3- Entrust the Financial Accounting Department:

- Prepare, allocate, settle accounts and finalize budget expenditures (prepare models 1a, 1b, 1c, 2, 3),

- Supervise the expenditure of each unit,

- Participate in reviewing the reduction in personnel establishments at subordinate units.

2.4- Each administrative unit:

- Establish a working group with members responsible for Organization and Cadres, Financial Accounting... to assist the Head of the Unit during the process of reducing personnel establishments,

- Develop and implement a plan for reducing personnel establishments from now until the end of 2002,

- Receive and consider responses to applications from individuals,

- Ensure the completeness and accuracy of civil servant files and retain them according to regulations,

- Report progress quarterly to the Ministry,

- Along with preparing and disbursing funds according to Decree 96/1998 (on retirement benefits for civil servants) and Resolution 16/2000/NQ-CP, the unit must proceed to implement early retirement or resignation benefits for civil servants under its management at the social insurance agency, ensuring that civil servants can enjoy all benefits simultaneously.

- Absolutely not recruit individuals who have been granted early retirement or resignation benefits into the personnel establishment of the unit,

2.5- The Ministry's Office.

- Prepare conditions for receiving, disbursing, settling accounts and finalizing budget expenditures for Departments, Inspectors, the Office and other assigned entities,

- Prepare funds for training, interim reviews, and comprehensive assessments of the implementation of Resolution 16/2000/NQ-CP by the Ministry,

2.6/ Individuals within the scope and meeting the conditions for reducing personnel establishments:

- May submit an application or not submit an application to request early retirement or resignation according to Resolution 16, the application sent to the head of the unit three months before the expected date of retirement or resignation to ensure sufficient time to complete procedures and other entitlements (if applicable). In cases where individuals do not or have not been included in the reduction of personnel establishments (long-term medical leave, certain special cases), they must have an application from the individual along with a representative of their family.

- Have complete documentation or work with the unit to complete the necessary documentation (age, years of social insurance contributions, current salary and allowances...) according to current regulations.

- When enjoying early retirement or resignation benefits, cooperate with the Social Insurance Agency to resolve matters according to Social Insurance regulations.

- After retiring or resigning early, if there are opportunities to continue working, they may not be recruited as civil servants in administrative units under the Ministry.

3/ Time markers and calculation methods:

3.1/ Time markers: as specified in the general guidelines of Circulars issued by Ministries, noting:

- Age based on valid records: approved by the competent authority for recruitment of civil servants according to the law,

- Years of social insurance contributions: based on the Labor Book of the Social Insurance Agency,

- Duration and level of salary and allowances: determined by the competent authority (Ministry or the Civil Service Personnel Management Board), without premature salary increases.

- By the end of August 2001: Any unit which has not had its organizational restructuring and personnel reduction plan approved must accept the Ministry's proposed plan.

3.2/ Calculation method.

- Service period counted from the date of the Ministry's decision to grant early retirement or resignation,

- Method: according to the guidelines of Ministries and sectors, and simultaneously with social insurance benefits,

- For individuals not yet included in the reduction of personnel establishments, it is essential to have a voluntary application, the unit must respond (agree or disagree) within 30 days, and report to the Ministry within 45 days from the date of receipt of the application (based on the date stamp or record book).

- The Cadre and Civil Servant Organization Department shall study and draft decisions for submission to the Ministry for promulgation. Particularly, cases with ages close to the threshold between early retirement and normal retirement, or between early retirement and resignation, should be noted for consideration first.

- Administrative units may immediately propose cases with complete documentation and meeting the conditions for immediate review and resolution by the Ministry, without necessarily waiting for full consolidation or following all steps.

During the implementation of this Plan, any supplementary information or reflections must be promptly reported to the Ministry. Until receiving a response, strictly adhere to the contents of this Plan and relevant regulations./.