The Ministry of Home Affairs is finalizing a draft Decree regulating staffing policies to replace Decree No. 29/2023/ND-CP of the Government regulating staff streamlining.
The main content of the draft Decree is built on the basis of inheriting Decree No. 29/2023/ND-CP and has some amendments and supplements.
According to the Ministry of Home Affairs, the subjects implementing the policy of streamlining the payroll and inheriting the regulations are still suitable in Decree No. 29/2023/ND-CP. The draft Decree proposes to remove the subject of "Redundancy due to the rearrangement of district-level and commune-level administrative units according to the decision of competent authorities" (Point b, Article 2 of Decree No. 29/2023/ND-CP), because the policy for cadres, civil servants, public employees and commune-level cadres and civil servants redundant due to the rearrangement of administrative units has been stipulated in Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).
Notably, the Ministry of Home Affairs proposed to replace the subject "There are 02 consecutive years at the time of considering streamlining the payroll, cadres, civil servants, and public employees with 01 year of quality classification at the level of completing tasks and 01 year of not completing tasks but cannot be arranged for other suitable jobs" (Point d, Clause 1, Article 2 of Decree No. 29/2023/ND-CP) with "In the previous year or in the year of considering streamlining the payroll, the quality classification is at the level of not completing tasks" to ensure compliance with the provisions of the draft Law on Cadres and Civil Servants 2024 which is about to be issued.
Thus, the new regulation will resolve the dismissal of civil servants who have failed to complete their tasks for 1 year.
In addition, the regulation on the subject of streamlining the payroll also replaces the subject "There are 02 consecutive years at the time of considering streamlining the payroll, in each year the total number of days off work is equal to or higher than the maximum number of days off work due to illness as prescribed in Clause 1, Article 26 of the Law on Social Insurance, with confirmation from the Social Insurance agency paying sickness allowances according to current regulations of law" (Point e, Clause 1, Article 2 of Decree No. 29/2023/ND-CP) with "In the previous year or in the year of considering streamlining the payroll, the total number of days off work due to illness is equal to or higher than 300 days, with confirmation from the Social Insurance agency paying sickness allowances according to current regulations of law" to be consistent with the reality that in 01 year there are many days off work due to illness (more than 300 days), then the subject must streamline the payroll.
The draft also replaces the provision "Cadres, civil servants, and public employees in leadership and management positions and titles cease to hold due to the reorganization of the apparatus or administrative unit according to the decision of the competent authority, individuals voluntarily carry out staff streamlining, with the consent of the agency, organization, or unit directly managing them" (Point g, Clause 1, Article 2 of Decree No. 29/2023/ND-CP) with "Cadres, civil servants, and public employees in leadership and management positions cease to hold due to the reorganization of the apparatus or restructuring, improving the quality of the leadership and management team according to the decision of the competent authority or due to the decision of the competent authority to cease to hold leadership and management positions, individuals voluntarily carry out staff streamlining and with the consent of the agency, organization, or unit directly managing them".
The above regulation removes the word "administrative unit" to conform to the scope of the Decree and adds cases of resignation from leadership positions to conform to practice.
The Ministry of Home Affairs also removed the subject of staff streamlining, including "Cadres, civil servants, and public employees who are being disciplined but not yet dismissed or forced to quit their jobs according to the provisions of law at the time of considering staff streamlining, individuals who voluntarily implement staff streamlining, with the consent of the agency, organization, or unit directly managing them" (Point h, Clause 1, Article 2, Decree No. 29/2023/ND-CP). The reason is that according to the provisions of law, those who are disciplined are assessed as not completing their tasks, so these subjects are subject to staff streamlining.
For part-time workers at the commune, village, and residential group levels (Clause 3, Article 2 of Decree No. 29/2023/ND-CP), the draft replaces the phrase "retire within 12 months" with "retire immediately" to comply with the policy of "ending the use of part-time workers at the grassroots level (commune, ward, town)" as required by Conclusion No. 126-KL/TW.
Regarding the amendment and supplementation of the principle of streamlining the payroll, the draft inherits the relevant provisions in Decree No. 29/2023/ND-CP and proposes to add the following principle: "Subjects to streamlining the payroll who are eligible for the payroll streamlining policy prescribed in different documents shall only receive one highest policy" so that in the case of civil servants and public employees subject to the policies of this Decree and Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP), the highest policy shall be applied.
Source: https://baobinhphuoc.com.vn/news/9/173407/can-bo-cong-chuc-khong-hoan-thanh-nhiem-vu-1-nam-vao-dien-tinh-gian-bien-che
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