According to the lawyer, whether officer and civil servants subject to downsizing can be re-hired depends on the specific case of downsizing of each subject.

How are cadres, civil servants and public employees in the category of downsizing the payroll managed and used?

Regarding the question "Can cadres, civil servants and public employees who are subject to downsizing can be re-hired?", lawyer Pham Quang Xa - Director of XTVN Law Firm, Hanoi Lawyers Association "First, we must understand the current regulations on the management and use of cadres and civil servants subject to downsizing".

The lawyer said, Clause 1, Article 1 of Decree 113/2018/ND-CP stipulating the management and use of the number of cadres, civil servants and public employees has been streamlined, stating:

Agencies, organizations and units are allowed to use up to 50% of their payroll, which have streamlined and settled the retirement age regime at the right age or severance as prescribed by law to recruit new civil servants. public employees and contract workers, ensuring the downsizing of the payroll in accordance with the Party's regulations and the law.

In case a ministry, branch or locality is allowed to establish a new organization or is assigned additional functions and tasks by a competent authority, the ministry, branch or locality shall balance itself in the total payroll assigned by a competent authority to ensure make sure to complete the assigned task well".

Accordingly, from the management and use of cadres, civil servants and public employees who have been downsized can be divided into 3 subjects: Retiring before age, quitting and moving to work in organizations without regular salary. from the state budget.

Can cadres and civil servants subject to downsizing be re-hired?

As analyzed above, based on Decree 108/2014/ND-CP, Decree 113/2018/ND-CP of the Government, besides those who retire before the age of retirement, there are 2 other subjects who are strongly affected. from the downsizing policy, including: Those who move to work at organizations without regular salary from the state budget and those who are subject to the policy of immediate severance.

In case people belonging to these two groups want to work in state agencies or public non-business units, they can still apply for the positions of civil servants and public employees.

Pursuant to Clause 1, Article 36 of the Law on Cadres and Civil Servants in 2008 and Clause 1, Article 22 of the Law on Public Employees in 2010, candidates who satisfy the following conditions can apply for the position of civil servants and public employees:

- Having one nationality is Vietnamese nationality.

- Be 18 years or older.

- Have an application form; have a clear history.

- Have relevant diplomas and certificates.

- Have good political and moral qualities.

- Health enough to perform the task.;

- Other conditions as required by the position applied for.

The 2008 Law on Cadres and Civil Servants only stipulates that the following people are not allowed to register for civil service recruitment:

- Not residing in Vietnam.

- Loss or restricted civil act capacity.

- Being examined for penal liability; are serving or have completed serving criminal judgments or decisions of the Court but have not yet had their criminal records remitted; are being applied administrative handling measures sending to compulsory detoxification establishments, sending to compulsory education establishments.

Similarly, for the following cases, it is not possible to register for public service recruitment:

- Loss of civil act capacity or restricted civil act capacity.

- Being examined for penal liability; are serving criminal judgments or decisions of the Court; are being applied administrative handling measures sending to compulsory detoxification establishments, sending to compulsory education establishments, sending to reformatories.

Thus, if the subjects falling into the case of downsizing, if fully ensuring the legal provisions on the conditions for applying for the position of civil servants and public employees, at the same time, they do not fall into the cases that are not allowed to register. Candidates who sign up for admission can still apply for admission to state agencies and public non-business units in a normal way," the lawyer said.