CIRCULAR NO. 28/1999/TT-BTCCBCP on July 31, 1999 of the ORGANIZATION-GOVERNMENT OFFICERS GUIDE the IMPLEMENTATION of DECREE NO. 96/1998/ND-CP DATED November 17, 1998 by the GOVERNMENT on RETRENCHMENT MODE for public OFFICIALS to enforce Decree No. 96/1998/ND-CP dated November 17, 1998 by the Government on retrenchment mode for officers civil servants, after the opinion of the Ministry of Finance No. 3209/TC-HCSN on June 30, 1999, the Organization-Government officers Guide made a number of specific points such as the following: I – GENERAL PROVISIONS 1-subjects entitled to retrenchment mode, including those set forth in paragraph 1 2 article 1 of Decree No. 96/1998/ND-CP;
2-public servants entitled to retrenchment under the guidance of this circular still enjoy social insurance regime under the current rules of the State for people who had participated in social insurance premiums in Decree No. 12/CP dated January 26, 1995 by the Government on the promulgation of the Charter of social insurance and of Decree 93/1998/ND-CP dated 12/11/1998 of the Government on the amendments and supplements to some articles of the Statute on social insurance attached to Decree No. 12/CP dated January 26, 1995 by the Government;
3-for those working under contract in the Agency's payroll, the State unit shall comply with the provisions of Decree No. 198/CP on 31/12/1994 of the Government of detailed rules and guidelines for implementing a number of articles of the labor code on labor contracts and Decree No. 72/CP dated 31/10/1995 the Government detailing and guiding the implementation of The labor law on the issue of employment.
II-conditions, WORKING TIME DEFINED for the CALCULATION of the SUBSIDY and HOW RETRENCHMENT 1-conditions are entitled to retrenchment: 1.1-officers, civil servants retrenchment due to the organizational arrangements, reduce the payroll stipulated in point a, paragraph 1, article 2 of Decree No. 96/1998/ND-CP is performed when there are organizational arrangements policy reduce staffing, and the decision of the State party;
1.2-public servants have the aspiration to be quitting, the agency uses and competent management agency officials and public servants agree. 2-working time defined for the calculation of retrenchment: 2.1-total working time for retrenchment mode for public servants is the whole time to have social insurance (carried) the provisions in paragraph 2 paragraph 3, article 5, Decree No. 96/1998/ND-CP since the officers, public officials have decided to recruit officers, public officials have decided to quit;
2.2-for public officials guilty of imprisonment but the Court was entitled to probation or detention not improvement, warning without the Agency, organization, unit fired, if so organized, reduce staffing or staff, civil servants retrenchment aspirations which are bodies competent organization, agree the time officers, public officials and detention are not calculated into the total work time for retrenchment mode;
2.3-officers, public servants during execution (probation, not detained) is the Agency, organization, layout work, if retrenchment aspirations which are bodies, competent organization agrees or arranges the Organization, reduce staffing, the execution time is counted in the total work time for retrenchment mode.
2.4-working time, for travelers to calculate the retrenchment is regulated as follows: 2.4.1-From May 1st to 7th, then below are calculated by 6 months of work.
2.4.2-From 7 to 12 month enough is calculated by years of work.
3-calculation of retrenchment: 3.1-current salary and allowances enjoyed by Month (if any) prescribed in article 3, article 4 of Decree 96/1998/ND-CP include: 3.1.1-basic salary: salary is under quota, currently enjoy;
3.1.2-The allowances are calculated include: leadership allowance, allowance for seniority, elected regional allowances, allowances, expensive price difference reserves;
3.2-officers, civil servants retrenchment due to the organizational arrangements, reduce staffing, the retrenchment is calculated as follows: 3.2.1-subsidized a sum equal to 3 months according to the scales and allowances prescribed in point 3.1.2 at the time Agency, the Organization laid off to find new jobs.
3.2.2-expiry of 3 months, officers, public officials cannot find new jobs, the Agency, the Organization addressed to officials and public servants retrenchment and the pension is calculated as follows: total working time specified in point 2 of part II of this circular, current salary and personal allowance specified in point 3.1.2 at the time officers , has decided to resign. So: total amount = number of subsidized, are subsidies, allowances and salary x currently enjoy for example: Mr. Nguyen Van A on the payroll in June 1980 to June 1999 he A has decided to resign due to organizational arrangements, reduce the payroll. So he A had time and social insurance premiums 19 years. He holds A professional ranks (code number 01.003), the coefficient of salary allowances have 2.82 0.3 and area office 0.2. So the total amount of retrenchment A get is: the total amount of subsidies = 19 x {(2.82 + 0.3 + 0.2) x 144,000 Dong} = 9,083,520 vnd

3.3-officers, public servants have aspirations to vacate the bodies, competent organization agrees then does not support funds to find new jobs.
Retrenchment is calculated as follows: total time prescribed in point 2 of part II of this circular with 1/2, current salary and allowances (if any) at the time, officials have decided to resign.
Example 1: Ms. Nair B on the payroll as of January 1986 to January 1999 she B voluntary resignation is the competent agency personnel management, public officials agreed and decided to quit. So Mrs. B had the time and the social insurance premiums for 13 years. Mrs. B's keeping primary teacher turnover (code 15.114) salary multiplier, 2.08, contains 0.5 area allowance. The total amount of retrenchment Mrs. B received is: the total amount of subsidies = 13, x 1/2 [(2.08 + 0.5) x 144,000 VND] = copper 2,414,880 example 2: Mr. Tran Van C on the payroll in January 1980, in 1991 he C hit by Chairman of the district people's Committee, the salary with 4.9. To 1995 Mr. B was re-elected and allowance equal to 5% of salary are entitled. During the time of serving the district people's Committee Chairman, Mr C weak health should come January 1999 he C vacate office for retrenchment mode, according to the Agency, the competent organization agrees and has decided to resign. So Mr. C had the time and the social insurance premiums 19 years. So the total amount of retrenchment he C get is: the total amount of subsidies = 19 x 1/2 [(4.9 x 144,000 VND) + (4.9 x 144,000 VND x 5%)] = 7,038,360 brass 4-officers, public officials have had time to work at the State enterprises are State enterprises that are responsible to pay retrenchment of staff time civil servants working in the business.
4.1-If officials and civil servants retrenchment due to the organizational arrangements, reduce the payroll, the subsidies for working time in State enterprises are calculated each year by 1 month salary and salary allowance (if any) at the time, officials have decided to move away from the business.
4.2-If public officials to voluntarily vacate the authority, competent organization agrees the grant for the period of work in State enterprises each year by 1/2, salary and allowances (if any) at the time, officials have decided to move away from the business.
4.3-case officers, public servants have time working in State enterprises before 1993 that in time have decided to move away from the enterprise has not yet been transferred to the new wage arrangements, then the payment of retrenchment, enterprises are responsible for staff salary arrangements, transfer of civil servants according to Decree No. 26/CP dated 23/5/1993 of the Government of the temporary regulations of new salary mode in the business to pay the subsidies.
4.4-cases after the officers, servants moved to administrative career that SOE was dissolved or has transformed the property, the governing body on the level of the enterprise is responsible for confirming the time of officials and public servants working at the old business not yet entitled to retrenchment mode to the State budget.
4.5-If former State enterprises were merged, the new State enterprises have a responsibility to pay retrenchment during the public servants working in the old business.
4.6-the case of former State enterprises really have financial difficulty as being unprofitable, are in the circumstances look to bankruptcy..., the body, the superior organization of the State enterprises are responsible for confirming the time officers, public servants working at the old business to the State budget.
III-RESOLUTION SEQUENCES and ALLOCATED FUNDING ONLY the 1-sequence solved retrenchment mode: 1.1-When a decision of the party and State browser organized projects, reduce the payroll, ministerial-level agencies, government agencies (hereafter referred to as the Department), or the central cities, (hereinafter the province) are responsible for guiding the subdivisions construction scheme of organization and staffing arrangements, general form No. 1 and no. 2;
1.2-the unit directly under The provincial people's Committee, send an organized approach, payroll attached form 1, 2 of Service personnel to the Ministry for approval, to the Organizing Committee the authority to the provincial people's Committee approval;
1.3-after review of organized approach, reducing payroll Secretary, Chairman of the provincial people's Committee sent the proposal text and list under model numbers 1, 2, 3 on the Organization-Government officials.
1.4-the Organization-Government evaluators, officials confirm organized approach, reducing the staffing of the Ministry, The Finance Ministry and sent the provincial people's Committee or to allocate expense retrenchment.
2-source of the budget to pay for the object due to the reorganization of the Organization, reducing the payroll budget of the State expenditures: 2.1-object in the central agencies led by the Treasury unit moved through the estimation level I to pay from the central budget;
2.2-the object of the Agency in the central cities, (collectively referred to as the Department) will by the Department of finance pricing the grant from the budget of the province after the provincial people's Committee;
3-use of administrative expenditure, the Agency's career are reported annually to the following: 3.1-job search assistance (February salaries currently enjoyed);

3.2-retrenchment beneficiaries have the aspiration and resignation are bodies, competent organization agrees. IV-COMPENSATION COSTS, fostering TRAINING 1-in the process of the work, if public officials are training, fostering and abroad from 3 months focus over that date arbitrarily quit then apart from being the administrative disciplinary fired, officers, public servants have to claim the money train travel and car costs, fostering training as prescribed by the course are trainings, fostering.
2-When considering the compensation costs, fostering training for officers, public officials, the Agency, the competent organizational management officers, public servants must base on time the work, dedication of the officers, public servants and work time after being sent on refresher training to consider and decide the level of compensation.
2.1-the required time of service is calculated by 3 times the time was training, fostering.
Public officials after being sent for training, courses that have employed the time requested is not compensation for training costs dưõng.
For example:-officers, public servants are trainings, fostering 4 months time served requirements after the officers, public officials are trained, fostered about is 12 months.
-Officials and public servants are trainings, fostering the required time, then 12 months of service after officials and civil servants trained, fostered about is 36 months.
2.2-the case of officials and public servants after being sent for training, courses without doing enough time serving requirements then the compensation costs, fostering training computer as follows: training costs, fostering compensation = time required-time worked after training of x total cost of training courses required to serve time for example, a servant was sent 6 months training in the country, training cost for the course is 5 million VND/person/training; Money train commuter car, other material is 600,000. So the total cost for the training are: 5.6 million.
After training, the officer, a new officer working for 3 months then quit. The total cost of claims thờng is: (x 3)-3 months x 5.6 million = 4.6 million 18-2.3-case officers, public officials after being sent for training, fostering return that arbitrarily removed the right to full compensation, training allowances;
2.4-When considering specific compensation expense levels then the compensation review board, the head of the Agency, organization, unit have to look more into the area of dedication of public officials to decide on the level of compensation or be reduced in part compensation;
3-agencies, organizations must establish the compensation of the cost of training cadres, to consider and suggest the Agency, organization, personnel management authority, public officials decided.
The components of compensation made under paragraph 3, article 7 of Decree No. 96/1998/ND-CP dated November 17, 1998.
4-within 3 months since have decided to compensate the costs of training cadres, public servants must refund the entire amount of compensation for the Agency organizing the election of officers, servants go training to submit to the State budget. Officials and public servants don't make rules on the Agency, the Organization has the right to ask the courts to resolve.
V – IMPLEMENTATION 1-procedure for issuing, management, accounting, settlement expense retrenchment and filed charged the budget expenses reimbursement of training of officials and public servants by the Ministry of Finance has specific circulars to implement;
2-The Ministry of the people's Committee, the organization responsible for directing payments to thoughtful retrenchment in the correct mode, then must complete the procedure for settlement of funds paid out under the provisions of the Ministry of finance;
3-the original records of officers and civil servants retrenchment (retrenchment due to the organized and voluntary resignation) and original profile of officials, public servants must compensate the cost of training and upgrading was kept at the Service of The organization, Government Organization Committee of the province;
4-The Ministry of the people's Committee, the Department and the agencies, related organizations are responsible for organizing and directing the implementation of the provisions of this circular;
5-this circular replaces the following text:-circular No. 09/TT-LB on 24/5/1991 of the Ministry of labor, invalids and Social Affairs, the Ministry of Finance shall guide the implementation of decision No. 111, dated 12/4/1991 of the Council of Ministers on a number of policy on the staffing arrangements.
-Circular No. 02/TT-LB on 6/4/1992 of the Organization-Government officials, the Ministry of finance, Ministry of labor, invalids and Social Affairs manual supplement, modify some policies in the sort of organization, staffing and administrative career.
6-In the process of doing what obstacles, reflects on the Organization-Government officials, the Ministry of finance research, resolve.
The MINISTER, head of the ORGANIZING COMMITTEE – GOVERNMENT OFFICIALS do Quang Trung MODEL NO. 1 name of Organization (or ministries-province) SORT RESULTS ANALYSIS and CLASSIFICATION OFFICERS, I-total payroll are present before the arrangement:

II-the total payroll is the competent agency browser and notice: III-classification results sort by: 1. The number of officials and public servants are preserved in the Agency, held after the reorganization of the Organization, in that:-the number of people deployed to work: – trainings: divided : +: +:-number of people temporarily pending retrenchment: 2. Number of people are moving to other places in need: 3. Number of people quitting moved out staffing: 4. Number of people resolved to retire (to and before age): heads, the Organization (name, stamp) MODEL NO. 2 agency name , tổ chức:................................
 
FUNDING NEEDS for officials and CIVIL SERVANTS RETRENCHMENT DUE to the ORGANIZATIONAL ARRANGEMENTS, REDUCE the PAYROLL name TT day, month, year of birth On the payroll of, the existing wage and work allowances (if any) funding to pay for job search support notes (3 x column 6) grants according to the current salary and allowances (if any) (column 5 x column 6)



The total amount of the subsidy are affected (column 7 column 8 +) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) total Agency heads, the Organization (name, stamp) MODEL NO. 3, ministerial bodies, bodies in the CP (or PPC, City) GENERAL FUNDING NEEDS for STAFF Civil servants RETRENCHMENT DUE to the ORGANIZATIONAL ARRANGEMENTS, REDUCE STAFFING agency TT, the Unit Of the number of people quitting the funding paid for job search support notes for support under the current salary and allowances (if any) of the total (column 4 + column 6) (1) (2) (3) (4) (5) (6) (7) total: Director of the TCCB (or head of Department TCCQ) Director of finance plan (or Your Department Manager main) Ministers, heads of ministerial agencies, bodies in the CP (or province, City)