HOW LONG AFTER STREAMLINED STAFFING, IF YOU RETURN TO WORK AT A STATE AGENCY, DO YOU HAVE TO RETURN THE ALLOWANCE ACCORDING TO DECREE 154?

How long after streamlining staffing, if you return to work at a state agency, do you have to return the allowance according to Decree 154? What happens if there is not enough funding to resolve the issue in Decree 154 when implementing staff streamlining for self-funded public service units? Let’s find out more with Pham Consult!

How long after streamlining staffing, if you return to work at a state agency, do you have to return the allowance according to Decree 154?

Pursuant to Article 3 of Decree 154/2025/ND-CP, the principles of streamlining the payroll are stipulated as follows:

Principles of streamlining the payroll

1. Ensure the leadership of the Party, promote the supervisory role of socio-political organizations and the people in the process of streamlining the payroll.
2. Combine streamlining the payroll with rearranging the apparatus in the direction of streamlining, effective and efficient operation and restructuring, improving the quality of the staff, civil servants and public employees according to job positions, in accordance with the autonomy mechanism of agencies, organizations and units.
3. Ensure the principles of democratic centralism, objectivity, fairness, publicity, transparency and in accordance with the provisions of law.
4. Ensure timely and complete payment of payroll streamlining regimes and policies in accordance with the provisions of law, ensuring effective use of the state budget.
5. The head must be responsible for the results of the streamlining of the payroll in the agency, organization, or unit assigned to manage according to his/her authority.
6. If the subject of the streamlining of payroll is elected or re-recruited to agencies, organizations, or units receiving salaries from the state budget or is assigned to work as a part-time worker in a village or residential group within 60 months from the date of streamlining of payroll, he/she must return the subsidy amount received to the agency, organization, or unit that paid the subsidy.
7. Subjects of the streamlining of payroll who are eligible for policies prescribed in different documents of the Government shall only receive the highest policy.

Accordingly, if the subject of staff streamlining is elected, re-recruited into agencies, organizations, units receiving salaries from the state budget or arranged to work as a part-time worker in a village or residential group within 60 months from the date of staff streamlining, the subsidy amount received must be returned to the agency, organization, or unit that paid the subsidy.

What is the responsibility of the provincial People’s Committee in implementing staff streamlining?

Pursuant to Article 14 of Decree 154/2025/ND-CP, the responsibilities of the provincial People’s Committee in implementing staff streamlining include:

– Directing the implementation of staff streamlining according to the provisions of this Decree

– Directing and guiding the heads of agencies, organizations and units under their management to develop annual staff streamlining plans; making a list of staff streamlining subjects and budget estimates for staff streamlining in accordance with regulations

– Directing the Department of Home Affairs to appraise the list of staff streamlining subjects of agencies, organizations and units under its management

– Directing the Department of Finance to appraise the budget estimates for staff streamlining of agencies, organizations and units under its management; Submit to competent authorities to arrange funds from the annual state budget expenditure estimates to implement policy payments for the subjects of staff streamlining according to regulations

– Annually, based on the implementation of the staff streamlining policy (including the number of staff streamlining subjects, the amount of allowances for each staff streamlining subject prescribed in Clause 3, Article 12 of Decree 154/2025/ND-CP), the plan for implementing staff streamlining in the following year is expected, directing the Department of Finance to develop a budget estimate for implementing the staff streamlining policy to synthesize it into the need to implement salary reform in the state budget estimate of the following year of the locality

– Periodically before February 15 of each year, synthesize the results, evaluate the implementation of staff streamlining in the previous year within the scope of management and send to the Ministry of Home Affairs, the Ministry of Finance to synthesize and report to the Prime Minister.

Insufficient funding to resolve the issue in Decree 154 when implementing staff reduction for self-financed public service units, how to handle it?

Pursuant to Clause 2, Article 11 of Decree 154/2025/ND-CP, the funding source for staff reduction is stipulated as follows:

Funding source for staff reduction

1. For cadres, civil servants; commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups: Funding for resolving the staff reduction policy is provided by the state budget.
2. For public employees in public service units
3. a) For civil servants in public service units that self-finance regular and investment expenditures; public service units that self-finance regular expenditures: Funding for resolving the staff reduction policy is taken from the revenue from the unit’s public service activities.

In cases where public service units that self-guarantee regular and investment expenditures and public service units that self-guarantee regular expenditures do not have sufficient funding to address the policy of streamlining the payroll, funds allocated according to the regulations of public service units and funding sources for salary reform can be used to address the policy of streamlining the payroll.

1. b) For civil servants in public service units whose regular expenditures are partly covered by the state budget and public service units whose regular expenditures are covered by the state budget: Funds for addressing the policy of streamlining the payroll are provided by the state budget.

Accordingly, for civil servants in public service units that self-guarantee regular and investment expenditures; public service units that self-guarantee regular expenditures: Funds for addressing the policy of streamlining the payroll are taken from the revenue from the unit’s career activities.

In cases where public service units that self-insure regular and investment expenditures and public service units that self-insure regular expenditures do not have sufficient funding to address the policy of streamlining payroll, funds allocated according to regulations of public service units and funding sources for implementing salary calculation reform may be used to address the policy of streamlining payroll.