JOINT CIRCULAR No. 73/2000/TTLT/BTCCBCP-BTC GUIDING THE IMPLEMENTATION OF THE POLICY ON REDUCING STAFF ESTABLISHMENTS IN ADMINISTRATIVE ORGANIZATIONS AND PUBLIC SERVICE UNITS

CIRCULAR

Guidelines for Implementing the Policy on Reducing Administrative Staff in Government Agencies and Public Service Units

 To implement Resolution No. 16/2000/NQ-CP dated October 18, 2000 of the Government on implementing the policy on reducing administrative staff in government agencies and public service units; the Organizational and Cadre Management Board of the Government and the Ministry of Finance jointly issue specific guidelines as follows:

1. The policy on reducing administrative staff shall be implemented for cadres and civil servants (including those under contractual terms within the staffing quota) who are receiving salaries from the state budget and contributing to social insurance and are subject to reduction in staffing.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

2. Implementation shall reduce approximately 15% of staffing in government agencies and indirect staffing in public service units compared to the staffing quota assigned by the competent authority in 1999, but must ensure that it is equal to or greater than the reduction in staffing approved by the Prime Minister in the restructuring plan and reduction proposal of each ministry, sector, and locality.

3. The policy and basis, calculation methods for resolving the status of cadres and civil servants subject to reduction in staffing shall only be implemented according to the guidelines of this Circular, and shall not apply the policy and basis, calculation methods for reducing staffing as stipulated in other documents.

4. The policy of voluntary resignation shall not be applied to individuals (subject to reduction in staffing) who meet the conditions for early retirement as specified at point b, item 4, Part II of Resolution No. 16/2000/NQ-CP dated October 18, 2000.

II. SCOPE AND OBJECTS OF STAFF REDUCTION

1. Scope of staff reduction

Staffing in state administrative agencies, indirect staffing in public service units from central to district level (including civil servants working in administrative agencies and public service units under the Ministry of National Defense and the Ministry of Public Security; professional associations with staffing quotas and salaries funded by the state budget).

Indirect staffing in public service units refers to cadres and civil servants working in departments, offices, and service units that do not directly perform the main tasks of the unit such as teaching, medical treatment, scientific research, editing, etc. Individuals in these departments and offices who spend more than 50% of their time directly performing the main tasks of the unit shall not be considered as indirect staffing.

2. Objects of staff reduction

2.1. Individuals whose positions have been redefined due to changes in functions and responsibilities, resulting in insufficient job placements in new positions as arranged by the agency, will be included in the scope of staff reduction;

2.2. Individuals with weak leadership, management, or professional skills, or lacking responsibility, organizational discipline, and failing to meet quality and time requirements for assigned work over the past two years;

2.3. Individuals who have taken more than 60 days off work in each of the last two years;

2.4. Individuals currently engaged in service work in administrative agencies and public service units, including those transitioning to employment contracts as stipulated in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing employment contracts for certain types of work in state administrative agencies and public service units;

2.5. Individuals currently working in administrative agencies and public service units who have been transferred by authorized bodies to work in organizations not using staffing quotas and salary funds from the state budget, and individuals subject to staff reduction who voluntarily request transfer to such organizations;

3. Objects not subject to immediate staff reduction

3.1. Individuals who fall under the above categories but are currently undergoing treatment or convalescence in hospitals with confirmation from the hospital director;

3.2. Civil servants currently under disciplinary review or criminal investigation;

3.3. Women who are pregnant or nursing children under 12 months old.

4. Objects not required to undergo staff reduction

4.1. Heroes, war invalids, and disabled veterans; spouses of martyrs;

4.2. Individuals whose spouse has already undergone staff reduction under this policy;

4.3. Individuals who are the sole breadwinner for their family;

4.4. Children of martyrs, first and second-class war invalids;

These objects, if they voluntarily request application of the policy under this circular, shall also be treated as those mentioned in point 2, Section II above.

5. Objects not subject to the staff reduction policy

5.1. Individuals who have unilaterally left their jobs or gone abroad for study, work, leave, etc., exceeding 30 days without permission from the competent authority;

5.2. Individuals who have received decisions for retirement or resignation before October 18, 2000;

5.3. Civil servants retiring at the statutory age as provided in the Social Insurance Ordinance issued together with Decree No. 12/CP dated January 26, 1995 of the Government (hereinafter referred to as Decree No. 12/CP);

5.4. Civil servants not subject to staff reduction but wishing to retire according to Decree No. 93/1998/NĐ-CP dated November 12, 1998 of the Government;

5.5. Civil servants not subject to staff reduction but voluntarily resigning due to personal needs;

5.6. Civil servants dismissed for disciplinary reasons;

5.7. Civil servants not subject to staff reduction, based on personal preference, requesting transfer to other units or organizations, including those not using staffing quotas and salary funds from the state budget.

1. Basis for calculating the amount of assistance for staff reduction objects.

III. POLICIES FOR REDUCING STAFF

1.1. Salary and allowances

1.1.1. Basic salary is the salary according to rank and grade calculated based on the coefficient of the current salary multiplied by the minimum wage set by the State at the time of implementing the policy;

1.1.2. Allowances (if applicable) include position allowance, term-of-office allowance, regional allowance, hardship allowance, and retention coefficient;

1.2. Time for receiving assistance

1.2. Period for enjoying allowance benefits

1.2.1. The number of years of service for calculating benefits is the actual number of years of social insurance contributions (as recorded in each person's social insurance book) and is rounded up according to the principle that over six months counts as one year and under six months does not count.

1.2.2. In cases where officials or civil servants commit crimes and are sentenced to suspended imprisonment or non-custodial correction but are not required to leave their positions by their agencies or units, the time spent in detention (if any) shall not be counted towards the total years of service for calculating benefits this time.

1.2.3. If officials or civil servants continue to work during the execution of their sentences (suspended sentence, non-custodial correction), the time spent working concurrently with the execution of the sentence shall also be counted towards the total years of service for calculating benefits.

1.3. Time for calculating allowances

For officials or civil servants who have previously taken retirement benefits, the period used to calculate the allowance this time shall be from the date of re-employment to the date of implementation of the reduction in staff.

2. Calculation methods for specific reduction in staff policies

2.1. For those transferred to semi-public entities

2.1.1. Semi-public entities shall ensure rights and benefits equivalent to those of officials and civil servants, including: salary payment, social insurance contribution, health insurance, trade union fees, recommendation for national honor titles, and organization of training, study tours, and surveys to improve qualifications.

2.1.2. Ensured by the public servant management agency:

2.1.2.1. Equality in consideration for appointment to leadership positions in state agencies as if they were officials and civil servants working in public institutions when meeting the prescribed standards.

2.1.2.2. Entitlement to three months' salary and allowances (if any) currently enjoyed.

2.1.2.3. Within the first three years from the date of transfer to a semi-public entity, if the transferring organization is dissolved and the professional qualifications remain suitable, they may return to their original unit to work; if the original unit has been dissolved, the superior unit of the original unit will assign them work; if the original unit has merged, the newly merged unit will assign work. If appropriate work cannot be arranged, they will be treated according to the current regulations on retirement benefits or retirement pension if they meet the conditions stipulated in the Social Insurance Law.

Example 1: Mr. Nguyen Van A, aged 35, was transferred to a semi-public entity on January 1, 2001 (with 10 years and 8 months of social insurance contributions); his basic salary coefficient according to rank and grade is 2.34; he works in an area with a regional allowance coefficient of 0.2.

The amount of allowance when Mr. A transfers out of the government-funded salary area is:

180,000 VND x (2.34 + 0.2) x 3 months = 1,371,600 VND

2.2. For those retiring early

Officials and civil servants within the scope of reduction in staff, aged between 55 and under 60 for men and between 50 and under 55 for women, with at least 20 years of social insurance contributions, can retire early without being reduced in the proportion of their retirement pension due to early retirement as stipulated in the Social Insurance Law. In addition to enjoying the retirement benefits prescribed in Decree 12/CP, they are entitled to the following three additional allowances:

2.2.1. For each full year of early retirement (at least 12 months), they receive three months' salary and allowances (if any) currently enjoyed; in cases where the early retirement period includes a fractional month not reaching a full year, the allowance is calculated as follows:

Fractional months of six months or less are entitled to one month's salary and allowances (if any) currently enjoyed;

Fractional months above six months to less than twelve months are entitled to two months' salary and allowances (if any) currently enjoyed.

2.2.2. For the first twenty years of social insurance contributions, they receive five months' salary and allowances (if any) currently enjoyed.

2.2.3. For each year of social insurance contributions from the twenty-first year onwards (calculated according to the principle that over six months counts as one year), they receive half a month's current salary.

Example 2: Mr. Nguyen Van B, with 32 years and 8 months (20 years + 12 years and 8 months) of social insurance contributions, is granted early retirement at age 56 years and 7 months (early retirement of 3 years and 5 months). Current salary and allowances are as follows: basic salary coefficient 3.63, position allowance 0.3, regional allowance 0.2.

The monthly salary and allowances are:

180,000 VND x (3.63 + 0.3 + 0.2) = 743,400 VND.

a) Early retirement allowance as prescribed:

[(3 years x 3 months) + 1 month] x 743,400 VND = 7,434,000 VND

b) Allowance for having at least 20 years of social insurance contributions:

5 months x 743,400 VND = 3,717,000 VND.

c) Allowance for more than 20 years of social insurance contributions (12 years and 8 months):

13 months x 1/2 x 743,400 VND = 4,832,100 VND

Total amount Mr. B receives (a+b+c)

7,434,000 VND + 3,717,000 VND + 4,832,100 VND = 15,983,100 VND

In addition to the above amount, Mr. B will not be reduced in the proportion of his retirement pension due to early retirement as stipulated in the Social Insurance Law and will enjoy retirement benefits as prescribed in Decree 12/CP paid by the social insurance agency.

2.3. For those who meet the age requirements for retirement as stipulated in the Labor Code if their social insurance contributions are still short of one year or less, the agency or unit shall make a lump-sum social insurance payment for the remaining period and arrange for them to retire according to the regulations, including the following cases:

2.3.1. Men aged 60 and women aged 55 with at least 14 years but less than 15 years of social insurance contributions.

2.3.2. Men aged 50 and women aged 45 with at least 19 years but less than 20 years of social insurance contributions and a reduction in work capacity of 61% or more.

2.3.3. Workers (regardless of age) with at least 15 years of particularly arduous or hazardous work and at least 19 years but less than 20 years of social insurance contributions and a reduction in work capacity of 61% or more.

Example 3: Mr. C has a basic salary coefficient of 3.73, is currently 60 years old, but he has only contributed to social insurance for 14 years and 5 months.

The agency where Mr. C works must pay the social insurance agency a lump sum of 7 months x 180,000 VND x 3.73 x 20% = 939,960 VND, then process his retirement as if he had met the required years of social insurance contributions.

2.4. For those leaving their positions

In addition to receiving a one-time allowance as prescribed in Article 28 of Decree No. 12/CP dated January 26, 1995 (paid by Social Insurance if not eligible to continue participating in social insurance), subjects who cease employment within the scope of organizational streamlining shall also enjoy the following benefits:

2.4.1. Immediate cessation of employment

2.4.1.1. According to Article 3 of Decree No. 96/1998/NĐ-CP dated November 17, 1998, the subject ceasing employment shall enjoy the following benefits:

Receiving three months' salary and allowances (if applicable) for job search.

For each year of service, they shall receive one month's current salary and allowances (if applicable), but at least two months' current salary and allowances (if applicable).

2.4.1.2. They shall enjoy the termination benefits as stipulated in Resolution No. 16/2000/NQ-CP as follows: for each year of work, they shall receive one month's current salary and allowances (if applicable). In cases where the number of years worked is less than two years, they shall receive a benefit equivalent to two months' salary and allowances (if applicable).

Example 4: Mr. Tran Van D, subject to organizational streamlining, has a basic salary coefficient of 2.5 and a regional allowance coefficient of 0.3, with 10 years and 2 months of service with social insurance contributions, is immediately terminated from his position.

The current monthly salary and allowances of Mr. D are:

180,000 VND x (2.5 + 0.3) = 504,000 VND

a) The amount of allowance according to Decree No. 96/1998/NĐ-CP is:

- Job search allowance

3 months x 504,000 VND = 1,512,000 VND

- Severance pay

10 months x 504,000 VND = 5,040,000 VND

b) The amount of termination allowance according to Resolution No. 16/2000/NQ-CP is:

10 months x 504,000 VND = 5,040,000 VND

The total amount Mr. D receives upon termination is (a+b):

1,512,000 VND + 5,040,000 VND + 5,040,000 VND = 11,592,000 VND.

Example 5: Ms. Nguyen Thi E, a service staff member with a salary coefficient of 1.00, has worked for 1 year and 5 months (less than 2 years of service) with social insurance contributions and is now being organized to terminate her employment immediately. Ms. E will be entitled to the following allowances:

Her current monthly salary is 1.00 x 180,000 VND = 180,000 VND

a) The amount of allowance according to Decree No. 96/1998/NĐ-CP is:

- Job search allowance

3 months x 180,000 VND = 540,000 VND

- Severance pay

2 months x 180,000 VND = 360,000 VND

b) The amount of allowance according to Resolution No. 16/2000/NQ-CP is:

2 months x 180,000 VND = 360,000 VND

The total amount of allowance Ms. E receives upon termination is (a+b):

540,000 VND + 360,000 VND + 360,000 VND = 1,260,000 VND

2.4.2. Termination after attending training

2.4.2.1. According to Resolution No. 16/2000/NQ-CP, trainees shall receive full salary for up to six months for vocational training and shall be granted a training fund equal to six months' salary and allowances (if applicable) based on their current salary and allowances.

2.4.2.2. After completing vocational training, trainees shall enjoy termination benefits as stipulated in Article 3 of Decree No. 96/1998/NĐ-CP dated November 17, 1998 (the period of training paid at full salary counts as continuous service with social insurance contributions for calculating termination allowance) as follows:

- Receiving three months' salary and allowances (if applicable) for job search.

- For each year of service, they shall receive one month's current salary and allowances (if applicable), but at least two months' current salary and allowances (if applicable).

Example 6: In the case of Mr. Tran Van D mentioned in Example 4, instead of immediate termination, he requests to attend training from May 1, 2001, and the training period is paid for up to six months (regardless of the actual duration of the course). From November 1, 2001, Mr. D is terminated and enjoys the following benefits:

- The agency continues to pay him salary and allowances (if applicable) until the end of October 2001.

- He receives a training fund (maximum period is six months) according to Resolution No. 16/2000/NQ-CP.

6 months x 504,000 VND = 3,024,000 VND

- As of November 1, 2001, Mr. D is terminated (regardless of the actual duration of the course) as follows:

+ Job search allowance according to Decree No. 96/1998/NĐ-CP is:

3 months x 504,000 VND = 1,512,000 VND

+ Termination allowance according to Decree No. 96/1998/NĐ-CP is:

(10+1) months x 504,000 VND = 5,544,000 VND

The total amount Mr. D receives is:

3,024,000 VND + 1,512,000 VND + 5,544,000 VND = 10,080,000 VND.

2.5. Cadres and civil servants who cease holding leadership positions due to organizational restructuring shall retain their position allowances for twelve months. During this retention period, if they are reappointed or appointed to a new position, they shall not receive the retained position allowance. After twelve months of retaining the allowance, if they are not reappointed or appointed to a new position, their salary grade shall be reassigned to a new coefficient (of the same rank) corresponding to the old salary grade plus the position allowance.

a) In the case where the sum of the old salary coefficient and the position allowance does not have a corresponding salary grade (with a remainder that is not enough for one grade), the salary grade shall be reassigned according to the principle:

If the remaining part of the salary coefficient exceeds or equals two-thirds (2/3) of the salary grade of the current rank, it shall be rounded up to one grade and reassigned to the next higher grade. The review date for the next promotion shall be from the date of the reassignment.

Example 7: Mr. Le Van E, ranked 01.003, currently holds a salary coefficient of 2.34 and a position allowance of 0.4. The total of the salary coefficient and the position allowance is 2.74, now without the position and having completed 12 months of retention, his new salary coefficient is 2.58; the remaining part of the grade is 2.74 - 2.58 = 0.16, which is exactly two-thirds of the difference between two grades of rank 01.003 (0.24). Therefore, his salary grade is reassigned to the next higher grade of 2.82, and the review date for the next promotion is from when he received the salary grade of 2.82.

If the remaining part of the salary coefficient is less than two-thirds (2/3) of the salary grade of the current rank, the salary grade shall be reassigned to the next lower grade. The review date for the next promotion shall be from the date of the last promotion before the reassignment.

Example 8: Mr. Pham Van F, ranked 01.002, currently holds a salary coefficient of 3.91 and a position allowance of 0.6. The total of the salary coefficient and the position allowance is 4.51, now without the position and having completed 12 months of retention, his new salary coefficient is 4.47; the remaining part of the grade is 4.51 - 4.47 = 0.04, which is less than two-thirds of the difference between two grades of rank 01.002 (0.28). Therefore, his salary grade is reassigned to 4.47, and the review date for the next promotion is from when he received the salary grade of 3.91.

b) In the case where the sum of the old salary coefficient and the position allowance is higher than the highest salary grade of the current rank, the new salary coefficient shall be assigned to the highest salary grade of the current rank and the remaining part shall be compensated as a retained allowance differential; they shall be arranged to take the promotion examination if they meet the required conditions and pass, then their salary shall be assigned according to the new rank as specified in Circular No. 39/2000/TT-BTCCBCP dated June 19, 2000, issued by the Government Organizational Affairs - Civil Service Committee guiding the assignment of salary when appointed to a rank for civil servants who have passed the promotion examination.

Example 9: Mr. Nguyen Van G, rank 01.003, current salary coefficient 3.81, position allowance 0.6. The total salary coefficient and allowance is 4.41; now he no longer holds the position, has exceeded 12 months of retention, his salary coefficient is reassigned to the lowest level of rank 01.003 which is 4.06 and he receives the retention difference coefficient of 4.41 - 4.06 = 0.35. If Mr. G meets the conditions for promotion to a higher rank and passes the examination, the time for reassigning salary according to the new rank will be determined in accordance with Circular No. 39/2000/TT-BTCCBCP dated June 19, 2000 of the Government Organizational and Civil Servants Department.

c) In the case where, after 12 months since ceasing to hold a leadership position, the individual has been reassigned a salary as described above, and is then appointed to a leadership position again, the salary grade coefficient shall be adjusted according to the following formula:

The principle of reassigning salary grades and the timing for upgrading salary grades is similar to the guidance provided at point a above, while the newly appointed individual will enjoy the position allowance corresponding to the newly appointed position.

Example 10: Mr. Tran Van H holds rank 01.003, during this restructuring period, he ceased holding the position of Deputy Head of Department (position allowance 0.3) and was reassigned a new salary coefficient of 3.81. In the case where he is appointed to the position of Head of Department (position allowance coefficient 0.4) after the 15th month from the date of ceasing to hold the position, the adjustment of Mr. H's salary coefficient would be as follows:

New salary coefficient = 3.81 - 0.3 = 3.51. According to the principle stated in point a above, Mr. H will be reassigned a new salary with a coefficient of 3.56 and will enjoy the position allowance of Head of Department which is 0.4. The seniority for the next salary upgrade will be calculated from the date of reassignment of salary at the coefficient of 3.56.

IV. EXPENSES, ISSUANCE PROCEDURES,

ACCOUNTING, SETTLEMENT

1. The expenses for implementing the reduction in staff policy as mentioned above are determined as follows:

1.1. Agencies and units shall use the annual state budget allocation or retained funds from their own revenue sources (for units with revenue) to pay for the following benefits:

- A one-time allowance equal to three months' current salary and allowances (if any) for cadres and civil servants assigned to work in semi-government organizations as stipulated in point 2.1.2.2, Part III of this Circular.

- Social insurance contributions for those who have reached retirement age but have less than one year of social insurance contributions remaining as specified in point 2.3, Part III, of this Circular.

- Continue to pay salaries during the period of vocational training, not exceeding six months, and provide a vocational training allowance equivalent to six months' current salary for individuals within the age range eligible for vocational training as specified in point 2.4.2.1, Section 2.4, Part III, of this Circular.

1.2. The State budget will supplement the necessary funds to implement the remaining benefits as follows:

- For agencies and units operating solely on state budget allocations, the full amount required to implement the policy will be provided.

- For agencies and units with revenue, they will use retained revenue to cover payments, with any shortfall being supplemented by the state budget. In cases where there is no available revenue, the state budget will provide funding as if the agency or unit operates solely on state budget allocations.

2. Issuance and Management

Based on the organizational restructuring plan approved by the competent authority, ministries, sectors, and localities shall guide subordinate units to compile lists of personnel subject to reduction, calculate the amount of benefits to be provided (according to Tables 1a, 1b, 1c attached). At the same time, based on the total number of personnel to be provided benefits, prepare a budget estimate (according to Table 2 attached), and send a letter to the Ministry of Finance and the Government Organizational and Civil Servants Department as the basis for temporarily allocating funds; the Government Organizational and Civil Servants Department will review the restructuring plan, verify the quantity, assess the feasibility, and issue a written opinion to the Ministry of Finance to serve as the basis for temporarily allocating funds to implement the reduction policy for ministries, sectors, and localities.

Specific fund allocation procedures are as follows:

- For agencies and units under central management, the Ministry of Finance will supplement the budget outside the annual budget for ministries and sectors according to Chapter 140, Subchapter 06.

- For agencies and units under local management, the Ministry of Finance will allocate supplementary funds with specific objectives to the Provincial Finance and Price Control Departments according to Chapter 160, Type 10, Item 06, Subitem 125, Subsubitem 99. The Provincial Finance and Price Control Departments will allocate funds to the units for accounting purposes according to Chapter 140, Subitem 06, corresponding to the type and item.

Ministries, sectors, and Provincial Finance and Price Control Departments must immediately implement payments or allocate funds to agencies and units under the approved restructuring plan to pay the beneficiaries according to the specific lists compiled by the agencies and units in Tables 1a, 1b, 1c above, and strictly manage the allocated funds, using them for the intended purpose, for the approved beneficiaries, and in accordance with the prescribed benefits. Payments to beneficiaries shall be made in accordance with the current financial management regulations.

Agencies and units are responsible for finalizing the budget for implementing litigation cost payments in accordance with this Decree and consolidating it into the annual budget finalization report of the agency or unit in accordance with the laws on regular budget finalization, accounting laws, guiding documents, and other relevant laws.

Upon completion of the payment phase, agencies and units must report on the implementation of the reduction in staff and submit a final settlement report on the funds paid (according to Tables 1a, 1b, 1c, 3 attached) to the superior management agency for consolidation and settlement with the finance department according to the current tiered management regulations. Any shortfall compared to the temporary allocation will be supplemented. Funds used for unintended purposes, misallocated, or unused must be recovered and returned to the central government budget.

The income and expenditure of funds for implementing the reduction in staff policy as mentioned above must be consolidated into the annual financial report of the agency or unit in accordance with Decision No. 999/TC/QD/CĐKT dated November 2, 1996 of the Minister of Finance regarding the issuance of the administrative and public service accounting system.

V. IMPLEMENTATION

1. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for reporting to the Party's Central Committee and discussing with the trade union organizations at the same level about the results of the Prime Minister's approval of the restructuring plan, reduction of establishment, and program, plans, and measures for organizing and implementing subsequent steps of their ministries, sectors, and localities; organizing the study, propaganda, and mobilization of cadres and civil servants to thoroughly understand the Party's guidelines and policies according to the spirit of Resolution No. 7 of the 7th Plenary Session of the Central Committee of the Communist Party (Term VIII), Government Resolution No. 16/2000/NQ-CP, and related guiding documents.

2. The Personnel Departments or Organizational and Cadre Management Units of ministries, agencies at the ministerial level, government agencies, and Local Administrative Organization Departments of provinces and centrally governed cities shall serve as the permanent bodies, tasked with primarily coordinating with financial agencies at the same level (Departments or Financial Management Boards at the central level, Provincial Finance and Price Control Departments at the local level) and relevant agencies in preparing specific reduction of establishment proposals and issuing guiding documents for implementation in accordance with the Party's guidelines and policies and this Circular; assisting the Heads of ministries, sectors, and provincial People's Committees in guiding and inspecting subordinate agencies and units during the organizational restructuring and reduction of establishment process.

3. Based on the approved restructuring plan and reduction of establishment and the implementation plans and measures of their ministries, sectors, and localities, the Ministers, Heads of agencies at the ministerial level, Heads of government agencies, and Chairpersons of provincial People's Committees shall review and approve the plans of subordinate agencies and units and issue regulations on functions, tasks, organizational structures, and staffing levels for each agency and unit in accordance with the approved plans of their ministries, sectors, and localities; directing subordinate agencies and units to develop implementation plans and organize their execution.

The organization and implementation for subordinate units of ministries, sectors, and localities shall be carried out in the following steps:

Step 1: Continue to carefully review functions and tasks to clearly identify: tasks that are no longer suitable and need to be abolished, overlapping tasks that need to be transferred to other agencies or units; tasks that need to be delegated to localities, lower levels, and public service organizations that have been socialized;

Step 2: Develop a reorganization plan: clearly identifying organizations that need to be merged or dissolved. Reorganize towards establishing multi-sectoral and multi-disciplinary Departments, Bureaus, Offices, and improve work procedures and administrative reform;

Step 3: Develop a staff allocation plan:

- Classify cadres and civil servants according to job standards and professional qualifications, linking with evaluations of their competence, performance, and moral character, health. The evaluation and classification of civil servants shall be conducted according to the annual civil servant assessment regulation issued together with Decision No. 11/1998/QĐ-TCCP-CCVC dated December 5, 1998, by the Minister and Head of the Personnel Department of the Government;

- Establish the structure, number of civil servants, and professional standards for each position within Departments, Bureaus, Offices, Divisions, Groups, and Work Units. The basis for establishing the structure and number of cadres and civil servants shall follow the provisions of point a, Section 2, Part II of Government Resolution No. 16/2000/NQ-CP. When establishing positions for individuals, the principle of assigning tasks should be clear in workload, within the scope of functional authority, without overlapping tasks between individuals for a specific job and management object; one person may undertake multiple tasks, avoiding underutilization of working hours due to lack of work. Determine the number of people subject to reduction in staffing and categorize them into five groups as stipulated in point b, Section 2, Part II of Government Resolution No. 16/2000/NQ-CP;

Step 4: Subordinate units of ministries, sectors, and localities shall proceed to reorganize and reallocate tasks for cadres and civil servants according to the approved organizational structure and staffing levels, and resolve reduction in staffing policies for those within the reduction scope according to the guidance provided in this Circular.

Selecting capable and virtuous individuals to retain for long-term stable employment to ensure the quality of operations of agencies and units and arranging those within the reduction scope must closely combine the evaluation and classification of civil servants with the dissemination, propaganda, and mobilization of cadres and civil servants. Each ministry, sector, and locality shall base their approach on specific circumstances and choose appropriate methods.

Based on the adjusted workload and assigned staffing quota, the Heads of agencies and units shall study, classify, and group similar tasks into task clusters. From these task clusters, specify the number of work positions, state the required qualifications, and the number of people assigned to each cluster.

The Heads of agencies and units shall report to the Party's Central Committee and discuss with the trade union organizations at the same level about the specific plan for civil servants to take on each task and those within the reduction scope to unify direction and mobilize cadres and civil servants; report to the immediate superior and inform the decision of the unit to cadres and civil servants.

Depending on the criteria, conditions, circumstances, and wishes of individuals within the reduction scope, the Heads of agencies and units shall apply appropriate reduction in staffing policies according to the guidance provided in this Circular.

VI. IMPLEMENTATION PROVISIONS

1. This Circular takes effect from October 18, 2000. However, the policies specified in points 2.2, 2.3, and 2.4 of Section 2, Part III of this Circular shall be implemented until December 31, 2002, after which they shall be implemented according to current laws and regulations.

2. For certain agencies under Ho Chi Minh City implementing the pilot program of allocating establishment quotas and administrative management expenses according to Decision No. 230/1999/QĐ-TTg dated December 17, 1999 of the Government Chairman, individuals subject to organizational restructuring and reduction of establishment quotas in these agencies shall implement the reduction of establishment quota policies stipulated in this Circular from January 1, 2000.

3. Ministers, Heads of ministerial-level agencies, and government-affiliated agencies, and Chairmen of provincial People's Committees shall directly direct the organizational restructuring and reduction of establishment quotas within their authority, and promptly report to the Government Head for resolution of issues exceeding their authority.

Every six months, ministries, sectors, and localities shall compile the results of the implementation of the reduction of establishment quotas, including an assessment of the implementation situation, along with Tables 2, 3, 4, 5, and 6 at the end of June and December each year, and submit them to the Government Organizational Structure and Cadre Department and the Ministry of Finance for inspection, resolution within their authority, and consolidation and reporting to the Government.

During the implementation process, if there are difficulties, they should be reflected to the Government Organizational Structure and Cadre Department and the Ministry of Finance for research and resolution.