New Decree of the Government on commune-level cadres, civil servants and non-professional workers at commune level, in villages and residential groups
Full text of Decree 33/2023/ND-CP dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and part-time workers at commune level, in villages and residential groups.
GOVERNMENT ------- Number: 33/2023/ND-CP | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- |
Hanoi, June 10, 2023 |
DECREE
REGULATIONS ON COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS AND NON-PROFESSIONAL WORKERS AT COMMUNE LEVEL, IN VILLAGES AND RESIDENTIAL GROUPS
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Organization of Local Government dated June 19, 2015;
Pursuant to the Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Government dated November 22, 2019;
Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;
Pursuant to the Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Employees dated November 25, 2019;
Pursuant to the Law on Militia and Self-Defense Forces dated November 22, 2019;
Pursuant to the Law on Social Insurance dated November 20, 2014;
Pursuant to the Law on Health Insurance dated November 14, 2008;
Pursuant to the Law amending and supplementing a number of articles of the Law on Health Insurance dated June 13, 2014;
Pursuant to the Law on Civil Status dated November 20, 2014;
Pursuant to the Law on Accounting dated November 20, 2015;
At the request of the Minister of Home Affairs;
The Government issued a Decree regulating commune-level cadres, civil servants and part-time workers at commune level, in villages and residential groups.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides for positions, titles, numbers, standards, tasks, regimes, policies; election, recruitment, use and management of cadres and civil servants at commune, ward and town levels (hereinafter referred to as commune level) and part-time workers at commune level, in villages and residential groups.
Article 2. Subjects of application
1. Commune-level cadres and civil servants specified in Clause 3, Article 4 and Article 61 of the Law on Cadres and Civil Servants 2008 (amended and supplemented in 2019).
2. Non-professional workers at commune, village and residential group levels.
Article 3. Principles for managing commune-level cadres, civil servants and non-professional workers at commune level, in villages and residential groups
1. Ensure unified leadership of the Party Committee.
2. Ensure the principle of democratic centralism and promote the role and responsibility of the head of the agency, organization, and unit.
3. Combining standards for positions, titles, quantity and job positions of commune-level cadres and civil servants; quantity and titles of non-professional workers at commune level, in villages and residential groups.
Article 4. Responsibilities of commune-level cadres, civil servants and non-professional workers at commune level, in villages and residential groups
Commune-level cadres, civil servants and part-time workers at the commune, village and residential group levels are responsible for implementing the provisions of this Decree, the organization's charter and relevant legal provisions.
Chapter II
COMMUNE LEVEL OFFICIALS AND CIVIL SERVANTS
Section 1. POSITIONS, TITLES, NUMBER OF OFFICIALS AND CIVIL SERVANTS AT COMMUNE LEVEL
Article 5. Position and title
1. Commune-level officials specified in Clause 1, Article 2 of this Decree have the following positions:
a) Party Committee Secretary and Deputy Secretary;
b) Chairman and Vice Chairman of the People's Council;
c) Chairman and Vice Chairman of the People's Committee;
d) Chairman of the Vietnam Fatherland Front Committee;
d) Secretary of the Ho Chi Minh Communist Youth Union;
e) President of Vietnam Women's Union;
g) Chairman of the Vietnam Farmers' Union (applicable to communes, wards and towns with agricultural, forestry, fishery and salt production activities and having the Vietnam Farmers' Union);
h) President of Vietnam Veterans Association.
2. Commune-level civil servants specified in Clause 1, Article 2 of this Decree have the following positions:
a) Commander of the Military Command;
b) Office - statistics;
c) Land administration - construction - urban and environment (for wards and towns) or land administration - agriculture - construction and environment (for communes);
d) Finance - accounting;
d) Justice - civil status;
e) Culture - society.
Article 6. Number of commune-level cadres and civil servants
1. The number of commune-level cadres and civil servants is calculated according to the type of commune-level administrative unit, specifically as follows:
a) For wards: Type I is 23 people; Type II is 21 people; Type III is 19 people;
b) For communes and towns: Type I is 22 people; Type II is 20 people; Type III is 18 people.
2. The People's Committee at the provincial level shall base on the number of commune-level administrative units with population size and natural area larger than the standards prescribed in the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units to calculate the additional number of civil servants at the commune level as follows:
a) Wards in districts that increase by 1/3 (one third) of the prescribed population size will be allowed to increase by 1 civil servant. The remaining commune-level administrative units that increase by 1/2 (one half) of the prescribed population size will be allowed to increase by 1 civil servant;
b) In addition to increasing civil servants according to the population size specified in Point a of this Clause, for every increase of 100% of the prescribed natural area, a commune-level administrative unit shall be allowed to increase 01 civil servant.
3. The population size (including permanent population and converted temporary population) and natural area as of December 31 each year to determine the number of commune-level cadres and civil servants specified in Clause 2 of this Article shall be implemented in accordance with the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units.
In case, as of December 31 of each year, there is a change in population size, natural area as prescribed in Clause 2 of this Article or a change in the type of administrative unit, the Provincial People's Committee shall submit to the People's Council of the same level for consideration and adjustment of the total number of commune-level cadres and civil servants (including provincial-level administrative units) to ensure compliance with regulations.
4. Every year, the Provincial People's Committee shall submit to the People's Council of the same level for decision the number of commune-level cadres and civil servants for each district-level administrative unit under its management in accordance with practical requirements, but must ensure that the total number of commune-level cadres and civil servants in district-level administrative units does not exceed the total number of commune-level cadres and civil servants calculated for the entire provincial-level administrative unit as prescribed in Clauses 1 and 2 of this Article.
5. Every year, the People's Committee at the district level decides on the specific number of cadres and civil servants in each commune-level administrative unit and arranges the number of civil servants for each commune-level civil servant position under its management in accordance with the requirements and tasks of each commune-level administrative unit. The number of cadres and civil servants in each commune-level administrative unit may be lower than the level of a type III commune or higher than the level of a type I commune in Clause 1 of this Article, but must ensure that it does not exceed the total number of cadres and civil servants at the commune level of the entire district-level administrative unit assigned by the People's Council at the provincial level.
6. The number of commune-level cadres and civil servants specified in this Article includes those receiving pensions or disability benefits who are elected to hold commune-level cadre positions and cadres and civil servants who are transferred, assigned, or seconded to the commune level.
In case of rotation to hold the position of Vice Chairman of the People's Committee at the commune level, it shall be implemented in accordance with the Government's regulations on the number of Vice Chairmen of the People's Committee and the process and procedures for election, resignation, dismissal, removal, transfer, and removal of members of the People's Committee.
Section 2. STANDARDS AND DUTIES OF COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS
Article 7. General standards for commune-level cadres and civil servants
1. General standards for commune-level cadres and civil servants are implemented according to current regulations of the law on cadres and civil servants, organizational regulations and regulations of the Party and socio-political organizations at the Central level.
2. For civil servants who are Commanders of the Commune-level Military Command, in addition to the standards specified in Clause 1 of this Article, they must also be able to coordinate with units of the People's Army, People's Police and other forces in the area to participate in building the all-people national defense, performing civil defense tasks; maintaining security, politics, social order and safety, protecting the Party, the government, State assets and protecting the lives and assets of the People.
Article 8. Standards for each commune-level cadre position
1. Party Secretary, Deputy Secretary:
a) Age: When holding a position for the first time, the candidate must be of working age for at least one full term (60 months), in special cases according to the decision of the competent authority managing cadres;
b) General education level: High school graduate;
c) Professional qualifications: University degree or higher. In case the Party Charter has provisions different from those in this Decree, the provisions of the Party Charter shall apply;
d) Political theory level: Graduated from secondary school or equivalent or higher. In case the Party Charter has provisions different from those in this Decree, the provisions of the Party Charter shall apply;
d) Other standards as prescribed by the Party and competent authorities for cadre management.
2. Chairman of the Vietnam Fatherland Front Committee, Secretary of the Ho Chi Minh Communist Youth Union, Chairman of the Vietnam Women's Union, Chairman of the Vietnam Farmers' Union, Chairman of the Vietnam Veterans' Association at the commune level:
a) Age: According to the provisions of law, organization charter and regulations of central socio-political organizations.
b) General education level: High school graduate;
c) Professional qualifications: University degree or higher. In case the law or organization's charter has provisions different from those in this Decree, the provisions of such law or charter shall apply;
d) Political theory level: Graduated from secondary school or equivalent or higher. In case the law or organization's charter has provisions different from those in this Decree, the provisions of such law or charter shall apply;
d) Other standards as prescribed by the Party, central socio-political organizations and competent agencies managing cadres.
3. Chairman, Vice Chairman of People's Council; Chairman, Vice Chairman of People's Committee:
a) Age: When holding a position for the first time, the candidate must be of working age for at least one full term (60 months), in special cases according to the decision of the competent authority managing cadres;
b) General education level: High school graduate;
c) Professional qualifications: University degree or higher. In case the law has provisions different from the provisions of this Decree, the provisions of that law shall apply;
d) Political theory level: Graduated from secondary school or equivalent or higher;
d) Other standards as prescribed by the Law on Organization of Local Government, relevant laws, regulations of the Party and competent agencies managing cadres.
4. The provincial People's Committee shall specify the professional and technical qualifications from intermediate level and above for commune-level cadres working in communes, wards and towns in mountainous areas, highlands, border areas, islands, island communes, remote areas, ethnic minority areas and areas with particularly difficult socio-economic conditions.
5. Based on the standards of each commune-level cadre position prescribed in this Article, the Provincial People's Committee shall prescribe specific standards for each commune-level cadre position in accordance with the characteristics and requirements for performing tasks of each commune level, but must ensure that they are not lower than the standards prescribed in this Decree.
Article 9. Duties of each commune-level cadre position
1. Party Secretary at commune level
Lead and direct the implementation of the functions and tasks of the Party Committee; together with the Party Committee and the Standing Committee of the Party Committee, comprehensively lead the political system at the grassroots level in implementing the Party's guidelines, policies, and legal regulations at the commune level and perform the following tasks:
a) Take the lead in directing the development of working regulations, contents, and annual, quarterly, and monthly work plans of the Executive Committee and Standing Committee;
b) Assign work to members of the Executive Committee and Standing Committee;
c) Direct the development and approval of annual, quarterly, monthly work plans and regular tasks of Executive Committee and Standing Committee members;
d) Inspect, urge and coordinate the activities of Executive Committee members and Standing Committee members in implementing work programs and plans;
d) Monitor and evaluate the implementation of the work plan of each member of the Executive Committee and Standing Committee;
e) Directly direct the implementation of resolutions and conclusions of the Executive Committee, Standing Committee and directives and resolutions of the Party and superiors;
g) Sign documents according to the working regulations of the Executive Committee and Standing Committee;
h) Periodically or suddenly report on the activities of the Executive Committee and Standing Committee to the superior Party agency;
i) Directing the annual, 6-month, quarterly, monthly and weekly work summary and summary according to regulations;
k) Be the representative of the Executive Committee and the Standing Committee of the Party Committee in working relations with agencies at the commune level and above; authorize work to the Deputy Secretary to perform tasks when absent from the agency according to working regulations;
l) Be responsible for the use of finances and assets assigned to the Party Committee at the commune level by competent authorities according to regulations;
m) Convene and chair regular and extraordinary conferences and meetings;
n) Other tasks as prescribed by the Party, relevant laws and competent authorities for cadre management.
2. Deputy Secretary of the Commune Party Committee;
a) Perform tasks assigned by the Executive Committee, the Standing Committee and the Party Secretary at the commune level;
b) Assist the Party Secretary at the commune level in directing the activities of the Party Committee at the commune level within the assigned scope; sign documents when assigned; handle the work of the Party Committee at the commune level when authorized by the Party Secretary at the commune level;
c) Chair or participate in conferences and meetings when assigned by the Party Committee Secretary; convene and chair regular and ad hoc meetings as assigned by the Party Committee Secretary at the commune level or as prescribed in the working regulations of the Executive Committee and Standing Committee;
d) Directly implement other instructions of the Party Secretary or as prescribed in the working regulations of the Executive Committee and Standing Committee;
d) Other tasks as prescribed by the Party, relevant laws and competent authorities for cadre management.
3. Chairman of the People's Council at the commune level;
Lead and direct the activities of the Standing Committee of the People's Council and the Committees of the People's Council at the commune level. On behalf of the Standing Committee of the People's Council at the commune level, maintain contact with the People's Committee, state agencies, the Standing Committee of the Vietnam Fatherland Front Committee, member organizations of the Vietnam Fatherland Front at the same level, other social organizations and citizens. Perform tasks and powers according to the provisions of law, the working regulations of the People's Council and the following tasks:
a) Take the lead in developing working regulations, contents, and annual, quarterly, and monthly work plans of the People's Council at the commune level;
b) Assigning work in the Standing Committee of the People's Council at the commune level;
c) Direct the development and approval of annual, quarterly and monthly work plans of the Standing Committee of the People's Council and the Committees of the People's Council at the commune level;
d) Inspect, urge and coordinate the activities of the Standing members of the People's Council at the commune level in implementing work programs and plans;
d) Monitor and evaluate the implementation of programs and work plans of each member of the Standing Committee of the People's Council at the commune level;
e) Directly direct the implementation of resolutions and conclusions of the Standing Committee of the People's Council at the commune level and superior state agencies;
g) Sign documents according to regulations and working regulations of the People's Council at the commune level;
h) Periodically report on the activities of the People's Council and the Standing Committee of the People's Council at the commune level to superiors;
i) Directing the annual, 6-month, quarterly and monthly work summary and summary according to regulations;
k) Be the representative of the People's Council and the Standing Committee of the People's Council at the commune level in working relations with agencies at the commune level and higher levels; authorize the Vice Chairman of the People's Council at the commune level to perform tasks when absent from the agency according to the working regulations of the People's Council at the commune level;
l) Be responsible for the use of finances and assets assigned to the People's Council at the commune level by competent authorities according to regulations;
m) Convene and chair regular and extraordinary meetings, conferences and meetings;
n) Other tasks as prescribed by the Party, relevant laws and competent authorities for cadre management.
4. Vice Chairman of the People's Council at the commune level
a) Perform tasks assigned by the Standing Committee of the People's Council and the Chairman of the People's Council at the commune level;
b) Assist the Chairman of the People's Council at the commune level in directing the activities of the Standing Committee of the People's Council and the Committees of the People's Council at the commune level within the assigned scope; sign documents and handle the work of the Standing Committee of the People's Council when authorized by the Chairman of the People's Council;
c) Chair or participate in conferences and meetings when assigned by the Chairman of the People's Council; convene and chair regular and ad hoc meetings as assigned by the Standing Committee of the People's Council at the commune level or as prescribed in the working regulations of the People's Council at the commune level;
d) Other tasks as prescribed by the Party, relevant laws and competent authorities for cadre management.
5. Chairman of the People's Committee at the commune level
a) Lead and manage the work of the People's Committee and members of the People's Committee at the commune level;
b) Lead and direct the implementation of tasks related to organizing and ensuring the implementation of the Constitution, laws, documents of superior state agencies, of the People's Council and People's Committee at the commune level; perform tasks related to national defense, security, ensuring social order and safety, fighting, preventing and combating crimes and other violations of the law; preventing and combating bureaucracy and corruption; organize and implement measures to protect the assets of agencies and organizations, protect the lives, freedom, honor, dignity, property, and other legitimate rights and interests of citizens; implement measures to manage the population in the commune-level area according to the provisions of law;
c) Manage and organize the effective use of offices, assets, working facilities and assigned state budget according to the provisions of law;
d) Resolve complaints, denunciations, handle violations of the law, and receive citizens according to the provisions of law;
d) Authorize the Vice Chairman of the People's Committee at the commune level to perform tasks and powers within the authority of the Chairman of the People's Committee at the commune level;
e) Direct the implementation of environmental protection measures, fire and explosion prevention and control; apply measures to resolve sudden and urgent tasks in natural disaster and epidemic prevention and control, security, order and social safety in the commune level according to the provisions of law;
g) Perform tasks and powers assigned or delegated by superior state agencies;
h) Other tasks as prescribed by the Party, the Law on Organization of Local Government, relevant laws and competent authorities for cadre management.
6. Vice Chairman of the People's Committee at the commune level
a) Directly direct the fields and areas of work assigned by the Chairman of the People's Committee at the commune level; proactively develop programs and plans to implement work according to fields and areas; use the authority of the Chairman of the People's Committee at the commune level when handling work and sign documents when authorized by the Chairman of the People's Committee at the commune level;
b) Be personally responsible to the Chairman of the People's Committee at the commune level for the assigned work areas and for his/her decisions on direction and management; together with the Chairman of the People's Committee at the commune level and members of the People's Committee at the commune level, be collectively responsible for all activities of the People's Committee at the commune level before the Party Committee, the People's Council at the commune level and the People's Committee, and the Chairman of the People's Committee at the higher level. For issues beyond the scope of authority, the Vice Chairman of the People's Committee at the commune level must report to the Chairman of the People's Committee at the commune level for consideration and decision;
c) When handling work, if there is an issue related to the scope and responsibility of handling the work of another Vice Chairman of the People's Committee, proactively discuss and coordinate to agree on a solution; if there are still different opinions, report to the Chairman of the People's Committee at the commune level for consideration and decision;
d) Other tasks as prescribed by the Party, relevant laws, competent authorities for cadre management and as assigned by the Chairman of the People's Committee at the commune level.
7. Chairman of the Vietnam Fatherland Front Committee at the commune level
The Chairman of the Vietnam Fatherland Front Committee at the commune level directs and, together with members of the Standing Committee of the Vietnam Fatherland Front Committee at the commune level, performs the following tasks:
a) Convene and chair conferences and meetings of the Vietnam Fatherland Front Committee at the commune level;
b) Organize the implementation of resolutions, annual and biannual coordination and unified action programs of the Vietnam Fatherland Front Committee at its level and of the Vietnam Fatherland Front Committee at a higher level; the Party's guidelines and policies, legal regulations, resolutions of the People's Council, and decisions of the People's Committee related to the tasks and powers of the Vietnam Fatherland Front Committee at the commune level;
c) Regularly collect opinions and recommendations from voters and people to reflect and make recommendations to Party committees, authorities, and the Standing Committee of the Vietnam Fatherland Front Committee at higher levels;
d) Provide comments and recommendations to Party committees and authorities at the same level on the implementation of policies and laws at the local level; implement legal provisions on grassroots democracy, fight against bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies, officials, and civil servants according to Party regulations and laws;
d) Organize and implement campaigns and patriotic emulation movements among the People; the Front's tasks of participating in building and consolidating the government; protecting the legitimate rights and interests of the People; supervising the activities of state agencies, National Assembly deputies, People's Council deputies at all levels and cadres, civil servants and public employees; implementing laws on democracy at the grassroots level; participating in resolving complaints and denunciations at the local level;
e) Directing and guiding the activities of the Front Working Committee, People's Inspection Committee, and Community Investment Supervision Committee;
g) Maintain working coordination with the government and member organizations at the same level;
h) Guiding the activities of consulting organizations and collaborators of the Vietnam Fatherland Front Committee at the commune level;
i) Direct the development and promulgation of decisions and regulations on coordination of work of one's organization and organize the implementation of such documents;
k) Convene and chair conferences and meetings of the Vietnam Fatherland Front Committee at the commune level; direct the preparation of financial plans, implementation and settlement of operating expenses, and decide on the allocation of operating expenses provided by the State to its organization;
l) Consider and decide on rewards and disciplines according to authority;
m) Other tasks as prescribed by the Party, relevant laws, regulations of central socio-political organizations and competent agencies managing cadres.
8. Secretary of Ho Chi Minh Communist Youth Union at commune level
The Secretary of the Ho Chi Minh Communist Youth Union at the commune level directs and, together with the members of the Executive Committee and the Standing Committee of the Ho Chi Minh Communist Youth Union at the commune level, performs the following tasks:
a) Directing the development of the operating regulations of the Executive Committee and Standing Committee of the organization; work plans and programs, and operational guidelines for grassroots youth organizations under the commune-level Youth Union;
b) Coordinate with local authorities at the commune level and socio-political organizations at the same level to mobilize and guide cadres and union members of their organizations to participate in implementing socio-economic, national defense and security programs and emulation movements of their organizations according to the programs and resolutions set forth by higher-level socio-political organizations;
c) Provide comments and recommendations to Party committees and authorities at the same level on the implementation of policies and laws at the local level; implement legal provisions on grassroots democracy, fight against bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies, officials, and civil servants in accordance with the law;
d) Organize the implementation of Party resolutions, conclusions, legal regulations; resolutions for union members of the organization;
d) Prepare content, convene and chair conferences and meetings of the Executive Committee and Standing Committee;
e) Direct the preparation of financial plans, implementation, settlement of operating expenses and decide on the allocation of operating expenses provided by the State for the organization;
g) Closely monitor the activities of movements, periodically organize inspections, assessments and reports to the Party Committee at the same level and the higher-level Youth Union on the activities of their organization;
h) Direct the activities of the Executive Committee and Standing Committee in accordance with the issued operating regulations;
i) Other tasks as prescribed by the Party, relevant laws, regulations of central socio-political organizations and competent agencies managing cadres.
9. Chairman of the Vietnam Women's Union at the commune level
The Chairwoman of the Vietnam Women's Union at the commune level directs and, together with the members of the Executive Committee and the Standing Committee of the Vietnam Women's Union at the commune level, performs the following tasks:
a) Direct the development and implementation of the operating regulations of the Executive Committee and Standing Committee of the organization; work programs and plans, and operational guidelines for branches in villages and residential groups;
b) Coordinate with local authorities at the commune level and socio-political organizations at the same level to mobilize and guide cadres and members of their organizations to participate in implementing socio-economic, defense-security programs and emulation movements of their organizations according to the programs and resolutions set forth by higher-level socio-political organizations;
c) Provide comments and recommendations to Party committees and authorities at the same level on the implementation of policies and laws at the local level; implement legal provisions on grassroots democracy, fight against bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies, officials, and civil servants in accordance with the law;
d) Organize the implementation of Party resolutions, conclusions, legal regulations; resolutions for members of the organization;
d) Prepare content, convene and chair conferences and meetings of the Executive Committee and Standing Committee;
e) Direct the preparation of financial plans, implementation, settlement of operating expenses and decide on the allocation of operating expenses provided by the State for the organization;
g) Closely monitor the activities of movements, periodically organize inspections, assessments and reports to the Party Committee at the same level and the Vietnam Women's Union at a higher level on the activities of their organization;
h) Direct the activities of the Executive Committee and Standing Committee in accordance with the issued operating regulations;
i) Other tasks as prescribed by the Party, relevant laws, regulations of central socio-political organizations and competent agencies managing cadres.
10. Chairman of Vietnam Farmers' Union at commune level
The Chairman of the Vietnam Farmers' Union at the commune level directs and, together with the members of the Executive Committee and the Standing Committee of the Vietnam Farmers' Union at the commune level, performs the following tasks:
a) Direct the development of operating regulations of the Executive Committee and Standing Committee of the organization; work programs and plans, and operational guidelines for branches in villages and residential groups;
b) Coordinate with local authorities at the commune level and socio-political organizations at the same level to mobilize and guide members of their organizations to participate in implementing socio-economic, national defense and security programs and emulation movements of their organizations according to the programs and resolutions set forth by higher-level socio-political organizations;
c) Provide comments and recommendations to Party committees and authorities at the same level on the implementation of policies and laws at the local level; implement legal provisions on grassroots democracy, fight against bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies, officials, and civil servants in accordance with the law;
d) Organize the implementation of Party resolutions, conclusions, legal regulations; resolutions for members of the organization;
d) Convene and chair conferences and meetings of the Executive Committee and Standing Committee;
e) Direct the preparation of financial plans, implementation, settlement of operating expenses and decide on the allocation of operating expenses provided by the State for the organization;
g) Closely monitor the activities of movements, periodically organize inspections, assessments and reports to the Party Committee at the same level and the Vietnam Farmers' Union at a higher level on the activities of their organization;
h) Direct the activities of the Executive Committee and Standing Committee in accordance with the issued operating regulations;
i) Other tasks as prescribed by the Party, relevant laws, regulations of central socio-political organizations and competent agencies managing cadres.
11. Chairman of the Vietnam Veterans Association at the commune level
The Chairman of the Vietnam Veterans Association at the commune level directs and, together with the members of the Executive Committee and the Standing Committee of the Vietnam Veterans Association at the commune level, performs the following tasks:
a) Direct the development of operating regulations of the Executive Committee and Standing Committee of the organization; work programs and plans, and operational guidelines for branches in villages and residential groups;
b) Participate in building and protecting the Party, the government, and the socialist regime; protect the lives and property of the People, and the property of the State; fight against all plots and sabotage activities of hostile forces; fight against views contrary to the Party's guidelines and policies and the State's laws; implement legal provisions on democracy at the grassroots level, fight against bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies, cadres, and civil servants in accordance with the law;
c) Participate in socio-economic development, strengthen national defense and security; make recommendations to state agencies and local authorities on the development and implementation of policies and laws related to veterans and the Veterans Association;
d) Gather, unite, and encourage veterans to practice, preserve revolutionary qualities and ethics, improve political capacity, understanding of the Party's guidelines and policies, the State's laws, knowledge of economics, culture, science and technology, and fulfill their civic duties; gather soldiers who have completed their military service to continue promoting the tradition of "Uncle Ho's soldiers", participate in organizing clubs, Veterans Liaison Committees, and other movements at the grassroots level;
d) Organize care and help for local veterans to improve their material and spiritual life, develop family economy, eliminate hunger, reduce poverty, and legally enrich themselves; organize charitable activities for veterans to support and help each other in life;
e) Protect the legitimate rights and interests of veterans; propagate, disseminate, educate the law, provide legal advice and assistance to veterans;
g) Coordinate with the Ho Chi Minh Communist Youth Union, other member organizations of the Vietnam Fatherland Front, and military agencies to educate the young generation about patriotism, revolutionary heroism, and self-reliance;
h) Organize the implementation of resolutions, conclusions of the Party, regulations of the law; resolutions for members of the organization; prepare content, convene and chair conferences and meetings of the Executive Committee and Standing Committee; direct the preparation of financial plans, implementation, settlement of operating expenses and decide on the allocation of operating expenses provided by the State for the organization;
i) Direct the activities of the Executive Committee and Standing Committee in accordance with the issued operating regulations;
k) Other tasks as prescribed by the Party, relevant laws, regulations of central socio-political organizations and competent agencies managing cadres.
12. Based on the tasks of each commune-level cadre position prescribed in this Article, the People's Committee at the district level shall prescribe specific tasks of each commune-level cadre position in accordance with the characteristics and requirements for performing the tasks of each commune level, ensuring that all areas of work have cadres in charge and performing them.
Article 10. Standards for each commune-level civil servant position
1. The standards of the civil servant Commander of the Commune-level Military Command are implemented according to the provisions of specialized military laws.
2. Standards for civil servants in the fields of Office - Statistics; Land - Construction - Urban and Environment (for wards and towns) or Land - Agriculture - Construction and Environment (for communes); Finance - Accounting; Justice - Civil Status; Culture - Society are as follows:
a) Age: 18 years of age or older;
b) General education level: High school graduate;
c) Professional qualifications: University degree or higher in a field of training appropriate to the job requirements of each commune-level civil servant position. In case the law has provisions different from the provisions of this Decree, the provisions of that law shall apply.
3. The provincial People's Committee shall specify the professional and technical qualifications from intermediate level and above for commune-level civil servants working in communes, wards and towns in mountainous areas, highlands, border areas, islands, island communes, remote areas, ethnic minority areas and areas with particularly difficult socio-economic conditions.
4. Based on the standards of each commune-level civil servant position prescribed in Clause 2 of this Article and the actual conditions of the locality, the Provincial People's Committee shall prescribe:
a) Specific standards for each commune-level civil servant position must be suitable to the characteristics and requirements for performing tasks at each commune level, but must ensure that they are not lower than the standards prescribed in this Decree;
b) Training majors are suitable for the job requirements of each commune-level civil servant position in each recruitment period;
c) Develop a plan to create resources, train and foster each position of commune-level civil servants in state management, political theory; foreign languages, information technology, ethnic minority languages (for work areas where ethnic minority languages must be used in public service activities), implement policies and regulations and streamline staffing.
Article 11. Duties of each commune-level civil servant position
1. Civil servant, Commander of the Commune Military Command
a) Advise and propose to the Party Committee, People's Council, and People's Committee at the commune level on policies, measures, and solutions for leadership and direction in the implementation of national defense and military tasks; build militia forces and reserve mobilization forces; coordinate with socio-political organizations to implement national defense and military tasks in the area;
b) Coordinate with units of the People's Army, People's Police and other forces in the area to participate in building all-people national defense and civil defense areas; maintain political security, order and social safety;
c) Coordinate with Border Guard, Navy, Coast Guard and other forces to protect national sovereignty, border security and sovereignty and sovereign rights in Vietnam's sea areas;
d) Carry out tasks of preventing, combating and overcoming consequences of natural disasters, epidemics, searching and rescuing, protecting and preventing forest fires, protecting the environment and other civil defense tasks;
d) Assist the Chairman of the People's Committee at the commune level in performing the work of registering and managing citizens of military service age, reserve soldiers and militiamen according to the provisions of law, and in carrying out the work of mobilizing young people to join the army;
e) Advise and assist the Commune-level Military Service Council in handling violations according to the provisions of the Law on Military Service;
g) Assist the Chairman of the People's Committee at the commune level in building and directing the militia force to coordinate with the police and other forces to regularly operate to protect security and order, be ready for combat, organize disaster relief, evacuation, rescue and relief;
h) Take the lead in coordinating with socio-political organizations in implementing national defense education work in the area;
i) Assist the People's Committee at the commune level in implementing military rear policies and implementing regimes and policies for militia and reserve soldiers according to the provisions of law;
k) Perform other tasks assigned by the Chairman of the People's Committee at the commune level, the District Military Command and regulations of the law on national defense.
2. Office Staff - Statistics
a) Advise on the development and monitoring of the implementation of programs, work plans, and regular and ad hoc work schedules of the People's Council, the Standing Committee of the People's Council, the People's Committee and the Chairman of the People's Committee at the commune level;
b) Coordinate with other civil servants in preparing material and technical conditions to organize sessions of the People's Council, sessions of the People's Committee and other activities of the People's Council, the Standing Committee of the People's Council, and the People's Committee at the commune level; the work of electing National Assembly deputies, electing People's Council deputies at all levels and electing members of the People's Committee at the commune level;
c) Synthesize, monitor and report on the implementation of the working regulations of the People's Committee at the commune level; assist the Chairman of the People's Committee at the commune level in organizing citizen reception and implementing the grassroots democracy regulations according to the provisions of law; receive petitions, complaints and denunciations and forward them to the Standing Committee of the People's Council, the People's Committee, and the Chairman of the People's Committee at the commune level for consideration and settlement according to their authority;
d) Advise the People's Committee at the commune level to implement the one-stop-shop and inter-connected one-stop-shop mechanisms; organize a department to receive, resolve and return results of administrative procedures of the People's Committee at the commune level; build e-government, information technology, digital transformation; administrative procedure control work;
d) Assist the People's Committee at the commune level in creating statistical forms, organizing statistical surveys according to the provisions of the law on statistics; synthesizing, compiling statistics and managing databases according to fields in the area (including databases on commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups); carry out clerical work, archiving, emulation and reward;
e) Preside over and coordinate with other civil servants to monitor the implementation of socio-economic development plans; synthesize and compile statistics on the results of implementing socio-economic development indicators at the commune level according to the provisions of law;
g) Perform other tasks assigned by the Chairman of the People's Committee at the commune level and as prescribed by relevant laws.
3. Civil servant of Land - Construction - Urban and Environment (for wards and towns) or Civil servant of Land - Agriculture - Construction and Environment (for communes)
a) Advise and assist the People's Committee at the commune level in organizing the implementation of tasks and powers of the People's Committee and the Chairman of the People's Committee at the commune level in the fields of land management, administrative boundaries, natural resources, environment, construction, urban areas, traffic, agriculture, and rural areas in the commune level according to the provisions of law;
b) Advise and assist the People's Committee at the commune level in developing and implementing plans for socio-economic development, sectors and fields under the authority of the People's Committee at the commune level or approved by higher levels for implementation in the commune level;
c) Collect information, synthesize data, preserve records and prepare reports related to the management authority of the People's Committee at the commune level on land, administrative boundaries, natural resources, environment, construction, urban areas, traffic, agriculture and rural areas in the commune area;
d) Advise and assist the People's Committee at the commune level in submitting to the People's Committee at the district level decisions on land allocation, land recovery, and issuance of land use right certificates to households and individuals; establish cadastral books for legal land users; guide the verification procedures to confirm organizations, households, and individuals registering land, exercising civil rights related to land in the commune level; coordinate with other civil servants to carry out administrative procedures in receiving dossiers and verifying the origin, current status of land registration and use, land dispute status, and land fluctuations in the area;
d) Advise and assist the People's Committee at the commune level in preparing dossiers on granting permits for renovation and construction of works and houses in the area for the Chairman of the People's Committee at the commune level to decide or submit to the People's Committee at the district level for consideration and decision; construction work, technical supervision in the construction of local welfare works;
e) In charge of work in the fields of land, administrative boundaries, natural resources, environment, construction, urban areas, transportation, agriculture, and rural areas at one-stop administrative transaction centers and inter-connected one-stop centers as assigned by the Chairman of the People's Committee at the commune level;
g) Perform other tasks assigned by the Chairman of the People's Committee at the commune level and relevant legal provisions.
4. Finance - Accounting Officer
a) Advise and assist the People's Committee at the commune level in organizing the implementation of tasks and powers of the People's Committee at the commune level in the field of finance and budget in the locality according to the provisions of law;
b) Advise and assist the People's Committee at the commune level in developing the commune-level budget revenue and expenditure estimates to submit to the People's Council at the commune level for approval; organize the implementation of the budget revenue and expenditure estimates and measures to exploit revenue sources in the area;
c) Organize the implementation of financial and budgetary activities under the guidance of superior financial agencies; settle commune-level budgets and make financial and budgetary reports according to the provisions of law;
d) Assist the People's Committee at the commune level in managing capital sources for basic construction investment projects and public assets at the commune level; inspect and settle construction investment projects under the management authority of the People's Committee at the commune level;
d) Advise and assist the Chairman of the People's Committee at the commune level in resolving regimes and policies for commune-level cadres, civil servants and part-time workers;
e) Perform other tasks assigned by the Chairman of the People's Committee at the commune level and as prescribed by relevant laws.
5. Judicial Officer - Civil Status
a) Advise and assist the People's Committee at the commune level in organizing the implementation of tasks and powers of the People's Committee at the commune level and the Chairman of the People's Committee at the commune level in the field of justice and civil status in the locality according to the provisions of law;
b) Assist the People's Committee at the commune level in appraising the drafting and promulgation of documents in accordance with the provisions of law; assist the People's Committee at the commune level in organizing the collection of public opinions on legal documents according to the plan of the People's Committee at the commune level and the guidance of superior agencies;
c) Assist the People's Committee at the commune level in disseminating and educating the law, providing legal aid; execution of judgments; monitoring the implementation of the law and organizing the collection of opinions from the people at the commune level in participating in law-making; building communes that meet legal access standards; guiding the activities of grassroots mediation organizations; coordinating with village chiefs and heads of residential groups in summarizing and concluding grassroots mediation work, reporting to the People's Committee at the commune level; managing the legal bookcase at the People's Committee at the commune level; coordinating with cultural and social officials to guide the village and residential group communities in developing and organizing the implementation of village and residential group covenants and conventions;
d) Assist the People's Committee at the commune level in performing household registration and management according to the provisions of law;
d) In charge of civil status, notarization, and certification at the reception and result delivery department of the People's Committee at the commune level;
e) Assist the People's Committee at the commune level in anti-corruption work and tasks related to the inspection field;
g) Perform other tasks assigned by the Chairman of the People's Committee at the commune level and as prescribed by relevant laws.
6. Cultural and Social Civil Servants
a) Advise and assist the People's Committee at the commune level in organizing the implementation of the tasks and powers of the People's Committee at the commune level and the Chairman of the People's Committee at the commune level in the fields of culture, information, communication, physical training, sports, tourism, labor, war invalids, social affairs, health, education, beliefs, religions, ethnicity, family, children and youth according to the provisions of law; advise and assist the People's Committee at the commune level in the work of social insurance, health insurance, hygiene and safety, and labor; develop criteria for developing subjects participating in social insurance and health insurance in the annual socio-economic development plan to submit to the People's Council at the same level for decision;
b) Assist the People's Committee at the commune level in organizing cultural, information, communication, physical education and sports activities; manage tourism, protect historical and cultural relics in the commune level, build cultural life in the community and build cultural families in the area;
c) Statistics on population, labor, employment, and occupations in the area; monitoring, synthesizing, and reporting on the number and fluctuations of labor policy subjects, meritorious people; beliefs, religions, ethnic groups, families, children, and youth; implementing payments for social policy beneficiaries and meritorious people; managing martyrs' cemeteries and works honoring martyrs; implementing social protection activities, hunger eradication and poverty reduction programs, and food safety work in the area; reporting information and communication data;
d) Preside over and coordinate with judicial officials and Village Chiefs and Heads of Residential Groups in guiding village and residential group communities in developing and implementing village covenants and conventions; coordinate with Office and Statistics officials in building databases on population, labor, employment and policy subjects;
d) Perform other tasks assigned by the Chairman of the People's Committee at the commune level and as prescribed by relevant laws.
7. Based on the tasks of each commune-level civil servant position prescribed in this Article, the District People's Committee shall prescribe specific tasks of each commune-level civil servant position in accordance with the characteristics and requirements for performing the tasks of each commune level, ensuring that all areas of work are in charge of and performed by civil servants.
Section 3. ELECTION OF COMMUNE-LEVEL OFFICIALS AND RECRUITMENT OF COMMUNE-LEVEL CIVIL SERVANTS
Article 12. Election of commune-level officials
1. The election of commune-level officials to hold positions in the People's Council and People's Committee shall be carried out in accordance with the provisions of the Law on Election of Deputies to the National Assembly and Deputies to People's Councils; the Law on Organization of Local Government and relevant legal documents.
2. The election of commune-level cadres to hold positions in Party organizations and socio-political organizations at the commune level shall be carried out in accordance with the provisions of the Party Charter, the socio-political organization charter, and the regulations of the Party and socio-political organizations at the central level.
Article 13. Recruitment of commune-level civil servants
Recruitment of commune-level civil servants is subject to the provisions of the Government's Decree on recruitment, use and management of civil servants, including:
1. Basis for recruiting commune-level civil servants.
2. Conditions for registration to take the commune-level civil servant exam.
In addition to the conditions for registering for the commune-level civil servant recruitment as prescribed in this clause, the civil servant position of Commander of the Commune-level Military Command must also meet the criteria prescribed in Article 7 and Clause 1, Article 10 of this Decree.
3. Subjects and priority points in the examination or recruitment of civil servants at the commune level.
Young intellectual volunteers participating in rural and mountainous development and non-professional activists at the commune level for 24 months or more who have been evaluated as having completed their tasks or higher will have 2.5 points added to the results of round 2.
4. Commune-level civil servant recruitment council.
5. Form, content and time of the examination to recruit civil servants at the commune level.
Those who pass the input quality assessment according to the Government's regulations on input quality assessment of civil servants and participate in the commune-level civil servant recruitment exam do not have to take the first round exam according to the Government's regulations on recruitment, use and management of civil servants.
6. Determine the winners of the commune-level civil servant recruitment exam.
7. Subjects of recruitment of commune-level civil servants.
As for the civil servant title of Commander of the Commune-level Military Command, the selection shall be conducted for those who meet the criteria prescribed in Article 7 and Clause 1, Article 10 of this Decree and the appointment shall be carried out in accordance with the provisions of the law on militia and self-defense forces.
8. Content and form of recruitment of commune-level civil servants.
9. Determine the successful candidates in the commune-level civil servant recruitment exam.
10. Announcement of recruitment and receipt of application forms for recruitment of commune-level civil servants.
11. Procedures for organizing recruitment of commune-level civil servants.
12. Announcement of results of recruitment of commune-level civil servants.
13. Complete the recruitment profile for commune-level civil servants.
14. Decision on recruitment and employment for commune-level civil servants.
15. Internship for commune-level civil servants.
a) The probationary period for commune-level civil servants is as follows: 12 months for civil servants recruited with university degrees or higher; 06 months for civil servants recruited with less than university degrees. The probationary period is not applied to the position of Commander of the Commune-level Military Command.
b) When a person recruited to hold the position of commune-level civil servant completes the probationary period as prescribed in this clause, the Chairman of the Commune-level People's Committee shall request the Chairman of the District-level People's Committee to decide to recognize the end of the probationary period and assign a salary to the recruited civil servant.
Article 14. Admission to work as commune-level civil servants
1. Recipients:
a) Civil servants working at public service units;
b) Salary earners in the people's armed forces, people working in key organizations but not civil servants;
c) People who cease to hold positions as officials at the commune level (except for disciplinary dismissal);
d) People who used to be cadres and civil servants (including commune-level cadres and civil servants) and were then transferred or rotated by competent authorities to hold positions other than cadres and civil servants at other agencies and organizations.
2. The standards and conditions for acceptance; the records of the proposed recipients and the Examination and Assessment Council when accepting them to work as commune-level civil servants shall apply the Government's regulations on recruitment, use and management of civil servants.
Article 15. Authority to recruit commune-level civil servants and accept them to work as commune-level civil servants
The Chairman of the District People's Committee has the authority to recruit commune-level civil servants and accept them to work as commune-level civil servants.
Section 4. SALARY, ALLOWANCE REGIME AND SOME REGIMES AND POLICIES FOR COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS
Article 16. Salary arrangement for commune-level cadres and civil servants
1. Commune-level cadres and civil servants who graduate from training according to the standards on professional qualifications and skills prescribed in this Decree shall be classified as administrative civil servants with the same training level prescribed in the professional and technical salary table for cadres and civil servants in state agencies issued together with the Government's Decree on salary regime for cadres, civil servants, public employees and armed forces.
Graduation diplomas and training levels are issued according to regulations of the Ministry of Education and Training and of competent agencies and organizations that issue diplomas.
2. In case during the working period, commune-level cadres and civil servants have changes in their training level in accordance with their current position or title, they can request the Chairman of the District People's Committee to arrange their salary according to their new training level from the date of being granted a graduation certificate.
3. In case a person is elected as a commune-level cadre, recruited and accepted as a commune-level civil servant according to the provisions of this Decree, and has worked for a period of time with compulsory social insurance, but has not received a one-time social insurance benefit, the working period with compulsory social insurance will be calculated as the basis for salary classification (excluding the probationary period), the working period with non-continuous compulsory social insurance will be accumulated.
Article 17. Salary increase for commune-level officials and civil servants
Commune-level cadres and civil servants specified in Clause 1, Article 16 of this Decree shall implement the regime of regular salary increase, early salary increase, and extension of salary increase period according to the Government's regulations on salary regime for cadres, civil servants, public employees and armed forces.
Article 18. Seniority allowance exceeding the framework
Commune-level cadres and civil servants specified in Clause 1, Article 16 of this Decree shall be entitled to seniority allowance beyond the framework according to the Government's regulations on salary regime for cadres, civil servants, public employees and armed forces.
Article 19. Allowance for commune-level leadership positions
Commune-level cadres specified in Clause 1, Article 16 of this Decree are entitled to leadership position allowances compared to the basic salary as follows:
1. Party Secretary: 0.30.
2. Deputy Secretary of the Party Committee, Chairman of the People's Council, Chairman of the People's Committee: 0.25.
3. Chairman of the Fatherland Front Committee, Vice Chairman of the People's Council, Vice Chairman of the People's Committee: 0.20.
4. Secretary of the Ho Chi Minh Communist Youth Union, President of the Women's Union, President of the Farmers' Association, President of the Veterans' Association: 0.15.
Article 20. Allowance for holding concurrent positions and titles
1. Commune-level cadres and civil servants who concurrently hold a position or title of commune-level cadres and civil servants different from the current position or title, and are reduced by 01 person in the number of commune-level cadres and civil servants assigned by the district-level People's Committee according to the provisions of Clause 5, Article 6 of this Decree, from the date the competent authority decides on the concurrent holding, they shall enjoy a concurrent holding allowance equal to 50% of the salary (level 1), plus the leadership position allowance (if any) of the concurrently held position or title; the allowance for concurrent holding of a position or title shall not be used to calculate the contribution and enjoyment of social insurance and health insurance regimes.
In case of holding multiple positions and titles concurrently (including the case of the Party Committee Secretary concurrently being the Chairman of the People's Committee, the Party Committee Secretary concurrently being the Chairman of the People's Council), only the highest level of concurrent allowance is enjoyed. The District People's Committee decides on the positions and titles entitled to concurrent allowance in case the number of positions arranged to hold concurrently is greater than the number of commune-level cadres and civil servants reduced compared to regulations.
2. In case commune-level cadres and civil servants concurrently perform the duties of non-professional workers at the commune level, in villages or residential groups, they shall receive a concurrent allowance equal to 100% of the allowance prescribed for the concurrent position.
Article 21. Social insurance and health insurance regime
Social insurance and health insurance regimes for commune-level officials and civil servants are implemented according to the provisions of law on social insurance and health insurance.
Article 22. Training and development regime
The training and fostering regime for commune-level cadres and civil servants shall comply with Government regulations on training and fostering cadres, civil servants and public employees and regulations of the Party and central socio-political organizations.
Section 5. TRANSFER, TRANSFER AND RECEPTION OF COMMUNE-LEVEL CIVIL SERVANTS
Article 23. Mobilization, transfer of work and reception of commune-level civil servants from one commune, ward or town to work in another commune, ward or town
1. For civil servants in the Office - Statistics, Land - Construction - Urban and Environment (for wards and towns) or Land - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Civil Status, Culture - Society:
a) The Chairman of the District People's Committee decides on the transfer of commune-level civil servants from one commune, ward or town to work in another commune, ward or town within the same district-level administrative unit;
b) The Chairman of the District People's Committee decides on the transfer of work and acceptance of commune-level civil servants from communes, wards and towns of one district to work in communes, wards and towns of another district after receiving written consent from the Director of the Department of Home Affairs;
c) The Chairman of the District People's Committee decides on the transfer of commune-level civil servants to other provinces and the acceptance of commune-level civil servants from other provinces after receiving written agreement from the Director of the Department of Home Affairs of the place of transfer and the place of acceptance.
2. For civil servants of the Military Command at the commune level:
The transfer, assignment, and acceptance of civil servants of the Commune-level Military Command are carried out according to specific task requirements. The Chairman of the District People's Committee decides on the transfer, assignment, and acceptance of civil servants of the Commune-level Military Command according to the local civil servant management decentralization.
3. Commune-level cadres and civil servants who are mobilized, transferred, or accepted to work in communes with especially difficult socio-economic conditions are entitled to preferential regimes and policies according to the provisions of law.
Section 6. ASSESSMENT AND CLASSIFICATION OF THE QUALITY OF COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS
Article 24. Assessment and classification of the quality of commune-level cadres and civil servants
Commune-level cadres and civil servants (except for the position of Commander of the Commune-level Military Command) shall be assessed and classified according to the provisions of the Law on Cadres and Civil Servants, Government regulations on assessment and classification of the quality of cadres, civil servants and public employees, relevant legal provisions, organizational regulations and regulations of the Party and of socio-political organizations at the Central level.
Article 25. Procedures for assessment and classification of civil servants of the Military Command at the commune level
1. Civil servants self-evaluate and receive work performance ratings according to assigned duties and tasks.
2. The collective Military Command at the commune level and civil servants of the People's Committee at the commune level meet to contribute opinions. The opinions are recorded in the minutes and approved at the meeting.
3. The Chairman of the People's Committee at the commune level shall evaluate and classify the civil servant of the Commander of the Military Command at the commune level and notify the civil servant after consulting in writing with the Commander of the Military Command at the district level.
Section 7. DISMISSAL, REMOVAL, RESIGNATION FROM POSITION OF COMMUNE-LEVEL CADRES; RESIGNATION OF COMMUNE-LEVEL CIVIL SERVANTS AND RETIREMENT OF COMMUNE-LEVEL CADRES AND CIVIL SERVANTS
Article 26. Dismissal and removal of commune-level officials
The dismissal and removal of commune-level officials shall comply with current provisions of the Law on Cadres and Civil Servants, the Law on Organization of Local Government, the Law on Election of National Assembly Deputies and People's Council Deputies and other relevant legal provisions, organizational charters and regulations of the Party and of socio-political organizations at the central level.
Article 27. Resignation from office for commune-level cadres and termination from employment for commune-level cadres and civil servants
1. Commune-level cadres who cease to hold their positions and commune-level civil servants who cease to work (except in cases of job transfer and cases of disciplinary action according to regulations of law on cadres and civil servants) are entitled to a severance allowance for commune-level cadres and a severance allowance for commune-level civil servants, and are calculated according to the Government's regulations on severance allowance for civil servants.
2. If the Commander of the Commune Military Command is disciplined by dismissal without being assigned to another civil servant position at the commune level, he/she will be given severance pay within 30 days from the effective date of the disciplinary decision. In addition to the severance pay as prescribed in Clause 1 of this Article, the Commander of the Commune Military Command is also entitled to other severance pay as prescribed by law on militia and self-defense forces.
3. The funding source for paying severance allowances for commune-level cadres and severance allowances for commune-level civil servants is arranged in the regular operating expenditure estimate of the People's Committee at the commune level assigned annually by competent authorities.
Article 28. Retirement for commune-level cadres and civil servants
1. Commune-level cadres and civil servants are entitled to retire according to the provisions of the law on labor and regulations of the Party and central socio-political organizations.
2. Six months before the date of retirement of a commune-level cadre or civil servant, the competent authority managing the commune-level cadre or civil servant must notify in writing of the retirement date; three months before the date of retirement of a commune-level cadre or civil servant, the competent authority managing the commune-level cadre or civil servant must issue a retirement decision.
Section 8. DISCIPLINE AND COMMENDATIONS FOR COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS
Article 29. Discipline of commune-level cadres and civil servants
Disciplinary action against commune-level cadres and civil servants shall be carried out in accordance with Government regulations on disciplinary action against cadres, civil servants and public employees. In cases where laws, Party regulations and socio-political organizations have other provisions, the provisions of such laws and regulations shall apply.
Article 30. Rewarding commune-level cadres and civil servants
Rewarding commune-level officials and civil servants is carried out in accordance with the provisions of the law on emulation and rewards, the organization's charter and regulations of the Party and central socio-political organizations.
Section 9. MANAGEMENT OF COMMUNE-LEVEL OFFICIALS AND CIVIL SERVANTS
Article 31. Contents of management of commune-level cadres and civil servants
1. Promulgate and organize the implementation of legal documents, regulations and rules on commune-level cadres and civil servants.
2. Develop plans and planning for commune-level cadres and civil servants.
3. Regulations on positions, titles, job positions, standards and tasks of commune-level cadres and civil servants.
4. Regulating the number of commune-level cadres and civil servants; recruitment, use, management, training, fostering, probationary regime, resignation, retirement, assessment and classification of the quality of commune-level cadres and civil servants.
5. Implement rewards, disciplinary actions, salary regimes and other regimes and policies for commune-level officials and civil servants.
6. Implement statistical reporting and management of records of commune-level officials and civil servants.
7. Inspect and examine agencies, organizations, and cadres and civil servants in the implementation of legal provisions on commune-level cadres and civil servants.
8. Resolve complaints and denunciations against commune-level officials and civil servants.
9. Other tasks related to the management of commune-level cadres and civil servants.
Article 32. Management authority over commune-level cadres and civil servants
1. The Ministry of Home Affairs has the following duties and powers:
a) Submit to the Government and the Prime Minister for promulgation regulations on commune-level cadres and civil servants;
b) Guide the implementation of legal documents of the Government and the Prime Minister on commune-level cadres and civil servants;
c) Inspect and examine People's Committees at all levels and cadres and civil servants in implementing legal provisions on commune-level cadres and civil servants;
d) Collect and synthesize the quantity and quality of cadres and civil servants at the commune level nationwide.
2. The People's Committee at provincial level has the following duties and powers:
a) Submit to the People's Council of the same level for decision the number of commune-level cadres and civil servants for each district-level administrative unit as prescribed in Clause 4, Article 6 of this Decree;
b) Issue regulations on organizing the recruitment of commune-level civil servants; guide and inspect the People's Committees at the district level to annually evaluate and classify the quality of commune-level cadres and civil servants;
c) Prescribe specific standards for each commune-level cadre position and each commune-level civil servant title as prescribed in Articles 8 and 10 of this Decree;
d) Regulate training sectors according to the task requirements of each commune-level civil servant position;
d) Inspect and examine the implementation of regimes and policies for commune-level officials and civil servants;
e) Direct, guide, and inspect the recruitment, planning, and construction of the team of commune-level cadres and civil servants; gradually implement standardization to improve the quality of commune-level cadres and civil servants;
g) Annually, direct the development of plans, programs, and training materials for commune-level cadres and civil servants;
h) Directing the settlement of complaints and denunciations against commune-level officials and civil servants;
i) Issue regulations on decentralization of management for commune-level officials and civil servants;
k) Synthesize statistics and report on the quantity and quality of commune-level cadres and civil servants in the provincial area;
l) Guide and inspect the use of funding sources to implement regimes and policies according to Government regulations and Resolutions of People's Councils at the same level for commune-level cadres and civil servants;
m) Guidance on establishing and managing records of commune-level cadres and civil servants.
3. The People's Committee at district level has the following duties and powers:
a) Planning and developing a team of cadres and civil servants at the commune level;
b) Decide on the specific number of cadres and civil servants in each commune-level administrative unit and arrange the number of civil servants for each commune-level civil servant position according to the provisions of Clause 5, Article 6 of this Decree;
c) Organize recruitment for commune-level civil servants according to the provisions of this Decree and the Regulations on recruitment of civil servants of the Provincial People's Committee; decide on receiving, transferring, transferring and managing commune-level civil servants according to the provisions of this Decree and according to the decentralization of civil servant management of the Provincial People's Committee; carry out the dismissal of commune-level cadres, termination of work of commune-level civil servants and retirement of commune-level cadres and civil servants according to the provisions of law;
d) Stipulate specific tasks of each commune-level cadre position and each commune-level civil servant title according to the provisions of Articles 9 and 11 of this Decree;
d) Organize the implementation of salary regimes and other regimes and policies for commune-level cadres and civil servants;
e) Decide on the positions entitled to concurrent allowance in case the number of positions arranged to hold concurrent positions is greater than the number of reduced commune-level cadres and civil servants as prescribed in Clause 1, Article 20 of this Decree;
g) Organize training and fostering of commune-level cadres and civil servants according to the guidance and decentralization of the Provincial People's Committee;
h) Decide on rewards and disciplines for commune-level officials and civil servants according to the management decentralization of officials and civil servants of the Provincial People's Committee;
i) Inspect, examine and evaluate the implementation of regulations on commune-level cadres and civil servants;
k) Resolve complaints and denunciations against commune-level officials and civil servants according to the provisions of law;
l) Synthesize statistics and report on the quantity and quality of the staff and civil servants at the commune level in the district;
m) Guide and inspect the People's Committees at the commune level in annually commenting, evaluating and classifying the quality of commune-level cadres and civil servants; inspect the implementation of regimes and policies for commune-level cadres and civil servants;
n) Guide the People's Committees at the commune level to establish and manage records of commune-level cadres and civil servants.
4. The People's Committee at the commune level has the following duties and powers:
a) Directly manage and use commune-level civil servants; annually review, evaluate and classify the quality of commune-level civil servants;
b) Implement training and development regimes, policies and plans; plan and create resources for commune-level civil servants;
c) Submit to the People's Committee at the district level for consideration and decision on positions entitled to concurrent allowance in cases where the number of positions arranged for concurrent holding is greater than the number of reduced commune-level cadres and civil servants as prescribed in Clause 1, Article 20 of this Decree;
d) Propose competent agencies and organizations at the district level to reward commune-level cadres and civil servants according to the decentralization of management of cadres and civil servants in the locality;
d) Propose to competent district-level agencies and organizations to take disciplinary action against commune-level officials and civil servants;
e) Resolve complaints and denunciations against commune-level civil servants according to the provisions of law;
g) Statistics and reports on the quantity and quality of the staff and civil servants at the commune level;
h) Establish and manage records of commune-level officials and civil servants.
Chapter III
NON-PROFESSIONAL WORKERS AT COMMUNE, VILLAGE AND NEIGHBORHOOD LEVEL
Article 33. Number of non-professional workers at commune, village and residential group levels
1. The number of non-professional staff at the commune level is calculated according to the type of commune-level administrative unit, specifically as follows: Type I is 14 people; Type II is 12 people; Type III is 10 people.
2. The provincial People's Committee shall base on the number of commune-level administrative units with population and natural area larger than the standards prescribed in the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units to calculate the number of additional non-professional workers at the commune level as follows:
a) Wards in districts that increase by 1/3 (one third) of the prescribed population size will be allowed to have 1 more non-professional staff. The remaining commune-level administrative units that increase by 1/2 (one half) of the prescribed population size will be allowed to have 1 more non-professional staff;
b) In addition to increasing the number of non-professional workers according to the population size specified in Point a of this Clause, for every increase of 100% of the prescribed natural area, a commune-level administrative unit shall be allowed to increase the number of non-professional workers by 01.
3. The population size (including permanent population and converted temporary population) and natural area as of December 31 each year to determine the number of non-professional workers at the commune level specified in Clause 2 of this Article shall comply with the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units.
In case, as of December 31 of each year, there is a change in population size, natural area as prescribed in Clause 2 of this Article or a change in the type of administrative unit, the Provincial People's Committee shall submit to the People's Council of the same level for consideration and adjustment of the total number of non-professional workers at the commune level (including provincial administrative units) to ensure compliance with regulations.
4. Every year, the People's Committee at the provincial level shall submit to the People's Council at the same level for decision the number of non-professional staff at the commune level for each district-level administrative unit under its management in accordance with practical requirements, but must ensure that the total number of non-professional staff at the commune level in district-level administrative units does not exceed the total number of non-professional staff at the commune level for the entire provincial-level administrative unit as prescribed in Clauses 1 and 2 of this Article.
5. Every year, the People's Committee at the district level shall decide on the specific number of non-professional staff at the commune level in each commune-level administrative unit and arrange the number of non-professional staff at the commune level under its management in accordance with the requirements and tasks of each commune-level administrative unit. The number of non-professional staff at the commune level in each commune-level administrative unit may be lower than the level of a type III commune or higher than the level of a type I commune as prescribed in Clause 1 of this Article, but must ensure that it does not exceed the total number of non-professional staff at the commune level of the entire district-level administrative unit assigned by the People's Council at the provincial level.
6. Part-time workers in villages and residential groups with no more than 03 positions (including Party cell secretary, village or residential group leader, head of the Fatherland Front Working Committee) are entitled to monthly allowances. In case the Law has other provisions, the provisions of that law shall apply.
Encourage the concurrent holding of the positions of Party Cell Secretary and Village Chief, Head of Residential Group or Head of the Village or Residential Group Front Work Committee.
7. People directly participating in activities in villages and residential groups other than the three positions specified in Clause 6 of this Article shall receive monthly support.
8. Part-time workers at the commune, village, and residential group levels are allowed to concurrently hold other part-time jobs at the commune, village, and residential group levels; part-time workers at the village and residential group levels are allowed to concurrently hold jobs directly involved in activities in the village and residential group.
Article 34. Allowance regime for part-time workers at commune, village and residential group levels
1. Part-time workers at the commune level are entitled to allowances. The central budget allocates an allowance fund including support for social insurance and health insurance contributions to pay monthly to part-time workers at the commune level as follows:
a) Type I commune-level administrative units are allocated an allowance fund equal to 21.0 times the basic salary;
b) Type II commune-level administrative units are allocated an allowance fund equal to 18.0 times the basic salary;
c) Type III commune-level administrative units are allocated an allowance fund equal to 15.0 times the basic salary.
For commune-level administrative units with an increase in the number of non-professional workers at the commune level as prescribed in Clause 2, Article 33 of this Decree, the total allowance fund amount will be increased by 1.5 times the basic salary/01 additional non-professional worker.
2. Implement the allocation of allowance funds for part-time workers in villages and residential groups. The central budget allocates allowance funds to pay monthly to part-time workers in each village and residential group as follows:
a) For villages with 350 or more households; residential groups with 500 or more households; villages and residential groups belonging to key commune-level administrative units with complex security and order issues according to decisions of competent authorities; villages and residential groups belonging to commune-level administrative units in border and island areas, the allowance fund is allocated at 6.0 times the basic salary. In case a village with 350 or more households is converted into a residential group due to the establishment of a commune-level urban administrative unit, the allowance fund is maintained at 6.0 times the basic salary;
b) For villages and residential groups not specified in Point a, Clause 2 of this Article, the allowance fund is allocated at 4.5 times the basic salary;
c) In case the district-level administrative unit does not organize a commune-level administrative unit, the villages and residential groups specified in Point a and Point b of this Clause shall be determined according to that district-level administrative unit.
3. Based on the allowance fund allocated by the central budget to each commune, village and residential group as prescribed in Clauses 1 and 2 of this Article; the budget source for reforming local salary policies; relevant legal provisions and the characteristics of each commune, village and residential group, the Provincial People's Committee shall submit to the People's Council of the same level for specific regulations on the following contents:
a) Title of non-professional worker at commune level;
b) The concurrent holding of the position of non-professional activist at the commune, village, and residential group level and the concurrent holding of the position of non-professional activist at the village or residential group level directly participating in activities at the village or residential group level;
c) The allowance level for each position of non-professional workers at the commune, village and residential group levels must ensure a reasonable correlation with the salary level 1 of commune-level civil servants with the same training level in order to encourage non-professional workers at the commune, village and residential group levels to study and improve their professional qualifications; specify the fixed level of operating expenses for socio-political organizations at the commune level; the monthly support level for people directly participating in activities in villages and residential groups and the allowance level for people directly participating in activities in villages and residential groups in accordance with the practical situation of the locality.
4. In case a part-time worker at the commune, village or residential group level concurrently performs the duties of another part-time worker at the commune, village or residential group level, he/she shall receive a part-time allowance equal to 100% of the allowance prescribed for the part-time position.
5. The People's Committee at the provincial level shall submit to the People's Council at the same level specific regulations on the contents at Point c, Clause 3 of this Article without having to consult with ministries and central agencies.
Article 35. Training, fostering, social insurance and health insurance regimes for part-time workers at commune, village and residential group levels and those directly participating in activities in villages and residential groups
1. Part-time workers at the commune, village, and residential group levels and those directly participating in activities in villages and residential groups shall be trained and provided with knowledge appropriate to the requirements of their current tasks; when sent for training and development, they shall enjoy benefits according to the provisions of law.
2. Part-time workers at the commune level shall implement compulsory social insurance and health insurance regimes according to the provisions of law on social insurance and health insurance.
Article 36. Standards, tasks, election, selection, reception, use, management, evaluation, classification, rewards, discipline, dismissal, relief from duty, and termination of employment of part-time workers at the commune level
1. Standards
a) Be a Vietnamese citizen, 18 years of age or older; have full civil act capacity and be healthy enough to perform assigned tasks;
b) Have good political and moral qualities; be exemplary in implementing the Party's guidelines and policies, the State's policies and laws; have the capacity to organize and mobilize local people to effectively implement the Party's guidelines and policies, the State's policies and laws;
c) Not being under criminal prosecution, serving a prison sentence, non-custodial reform, probation, being subject to educational measures at the commune level or being sent to a medical facility or educational facility;
d) General education level: High school graduate;
d) Professional qualification: High school graduate or higher.
2. Duties of non-professional activists at the commune level
Part-time workers at the commune level perform tasks as prescribed in the charter of the organization of which they are a member, of relevant laws and of competent management authorities; coordinate and assist commune-level cadres and civil servants in performing assigned duties and tasks, ensuring that all areas of work of the local Party Committee and government at the commune level are undertaken and monitored.
3. Election and selection of non-professional workers at the commune level
a) Elected positions are implemented according to the regulations of the organization's charter of which the part-time worker at the commune level is a member, regulations of relevant laws and regulations of the competent management agency.
b) The positions of non-professional workers at the commune level other than those specified in Point a of this Clause shall be selected through examination.
As for the position of assistant to the Commander of the Commune-level Military Command, it shall be implemented in accordance with the provisions of specialized military laws.
4. Evaluation and classification of non-professional activists at the commune level
a) Elected positions are implemented according to the regulations of the organization's charter of which the non-professional activist at the commune level is a member and the regulations of the competent management agency.
b) Part-time workers at the commune level assisting local authorities at the commune level are assessed and classified by the Chairman of the People's Committee at the commune level.
c) The title of a non-professional worker at the commune level assisting the Commander of the Commune Military Command is implemented according to the provisions of specialized military laws.
d) The content, form, assessment and classification process for part-time workers at the commune level shall be similar to that for commune-level cadres and civil servants as prescribed in this Decree.
5. Rewarding non-professional activists at the commune level
Part-time workers at the commune level who have achievements in performing their tasks will be considered for rewards according to the provisions of the law on emulation and rewards.
6. Disciplinary action against non-professional activists at the commune level
a) Elected positions are disciplined according to the regulations of the organization's charter of which the part-time worker at the commune level is a member and of the competent management agency.
b) The Chairman of the People's Committee at the commune level has the authority to consider and decide on disciplinary action against part-time workers at the commune level who assist local authorities at the commune level.
c) The title of a non-professional worker at the commune level assisting the Commander of the Commune Military Command is implemented according to the provisions of specialized military laws.
d) The content, form and process of disciplinary action against part-time workers at the commune level shall be similar to that applied to cadres and civil servants as prescribed in this Decree.
As for disciplinary action, demotion is not applied.
7. Dismissal, dismissal and termination of employment for part-time workers at the commune level
Part-time workers at the commune level who are dismissed, removed from office, or quit their jobs shall enjoy the regimes and policies prescribed by relevant laws and regulations of the charter of the organization of which the part-time worker at the commune level is a member.
8. The People's Committee at the provincial level shall, based on the provisions in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, the provisions of the charter of the organization of which the part-time worker at the commune level is a member and the provisions of relevant laws, specifically stipulate the management and use of each title of part-time worker at the commune level in accordance with the reality of each locality.
9. The People's Committee at the district level shall, based on the tasks specified in Clause 2 of this Article, the regulations of the People's Committee at the provincial level on the management and use of non-professional workers at the commune level in the locality, and based on the titles of non-professional workers at the commune level specified in Point a, Clause 3, Article 34 of this Decree, specify the tasks of each title of non-professional workers at the commune level in accordance with the requirements for performing the tasks of each commune level.
Chapter IV
TERMS OF IMPLEMENTATION
Article 37. Entry into force
1. This Decree comes into force from August 1, 2023.
2. Abolish Decree No. 114/2003/ND-CP dated October 10, 2003 on cadres and civil servants of communes, wards and towns; Decree No. 112/2011/ND-CP dated December 5, 2011 on civil servants of communes, wards and towns; Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on titles, numbers, some regimes and policies for cadres and civil servants in communes, wards and towns and part-time workers at the commune level; Decree No. 34/2019/ND-CP dated April 24, 2019 on amending and supplementing a number of regulations on cadres and civil servants at the commune level and part-time workers at the commune level, in villages and residential groups.
3. At the place where the urban government model is organized according to the Resolution of the National Assembly and the regulations of the Government, if there are regulations different from the regulations in this Decree on commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups, the regulations of the Resolution of the National Assembly and the regulations of the Government shall apply.
4. Apply the implementation of the regimes and policies prescribed in this Decree to the Secretary and Deputy Secretary of the Party cell (where the Party Committee at the commune level has not been established) as the Secretary and Deputy Secretary of the Party Committee at the commune level; and the Standing Committee of the Party Committee (where there is no Deputy Secretary in charge of Party work) as the Deputy Secretary of the Party Committee at the commune level.
Article 38. Transitional provisions
1. Commune-level cadres holding elected positions as prescribed in Clause 1, Article 5 who have not yet met the standards prescribed in Article 8; commune-level civil servants holding positions as prescribed in Clause 2, Article 5 who have not yet met the standards prescribed in Article 10, and non-professional workers at the commune level as prescribed in Point a, Clause 3, Article 34 who have not yet met the standards prescribed in Clause 1, Article 36 of this Decree must, within 05 years from the effective date of this Decree, meet the prescribed standards. After this period, if the prescribed standards have not yet been met, they shall be subject to retirement (if eligible) or to a staff reduction policy as prescribed by the Government.
2. In case during the working process, commune-level cadres and civil servants have changes in their professional training level, relevant to their current position and title, have been granted a graduation certificate and have not been classified according to their new training level before the effective date of this Decree, they will be classified according to their new training level from the effective date of this Decree.
3. In case cadres and civil servants working in agencies, organizations and units at district level or higher are mobilized, rotated or seconded to work as cadres and civil servants at commune level, they will continue to be entitled to salary arrangement, salary increase and seniority allowance beyond the framework according to Government regulations on salary regime for cadres, civil servants, public employees and armed forces.
4. Commune-level cadres who are receiving pension or disability allowance, in addition to the monthly pension or disability allowance currently received, are classified, receive salary and allowances according to the current position as prescribed in this Decree and do not have to pay social insurance or health insurance.
5. Commune-level cadres and civil servants who are receiving benefits for war invalids and sick soldiers of all ranks but are not eligible for retirement benefits or allowances for loss of working capacity, in addition to the current monthly war invalids and sick soldiers' benefits, are classified and receive salaries and allowances according to the cadre's position or civil servant title currently held as prescribed in this Decree.
6. Old and weak commune-level cadres who retire under Decision No. 130/CP dated June 30, 1975 of the Government Council and Decision No. 111/HDBT dated October 13, 1981 of the Council of Ministers (now the Government) will have their monthly allowance adjusted when the state adjusts the basic salary; their allowance will be transferred to a new legal residence; when they pass away, the person in charge of the funeral will receive a funeral allowance equal to 10 times the basic salary.
In case a commune-level cadre is old and weak and has retired and is temporarily suspended from receiving monthly allowances while serving a prison sentence, he/she must submit a request with a copy of the certificate of completion of the prison sentence to the District People's Committee for consideration and resolution to continue receiving monthly allowances.
7. Commune-level cadres who have held other positions under the People's Committee as prescribed in Clause 5, Article 3 of Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on living expenses for commune, ward and town cadres (hereinafter referred to as Decree No. 09/1998/ND-CP) have paid social insurance according to this position but have not yet received a one-time allowance, the period of social insurance payment shall be counted as the period of social insurance payment to calculate the social insurance regime.
In case of holding another position under the People's Committee but not yet paying social insurance, the social insurance premium will be paid back to serve as a basis for calculating social insurance benefits.
8. For commune-level cadres who have paid social insurance according to the provisions of Decree No. 09/1998/ND-CP but have not yet received a one-time allowance, the working time with social insurance payment will be counted as the time to receive social insurance or added to the time participating in voluntary social insurance or compulsory social insurance to calculate the social insurance regime according to the provisions of the law on social insurance.
In cases where commune-level officials have been granted monthly or one-time allowances before the effective date of this Decree, the provisions of this Decree shall not be applied for re-settlement.
9. Those who have worked as commune-level cadres before January 1, 1998, if during this working period they hold a position prescribed in Decree No. 09/1998/ND-CP and are mobilized or recruited into the people's army, people's police or work in state agencies, units, enterprises, political organizations, socio-political organizations, then the time holding the position before January 1, 1998, if not yet counted for monthly allowance or one-time allowance, will be counted as the time of social insurance payment.
10. In case of implementing the arrangement of commune-level administrative units according to the Resolution of the National Assembly Standing Committee, the number and arrangement, settlement of regimes and policies for commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups shall comply with the regulations of competent authorities.
Article 39. Funding sources for implementing regimes and policies for commune-level cadres and civil servants, part-time workers at commune level, in villages and residential groups, and people directly participating in activities in villages and residential groups
1. The funding source for implementing the regime and policies for commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups, people directly participating in activities in villages and residential groups; and old and weak commune-level cadres who retire as prescribed in Clause 6, Article 38 of this Decree shall be guaranteed by the state budget according to the current budget decentralization.
2. The Social Insurance Fund ensures funding for payment of benefits according to the provisions of the law on social insurance for commune-level cadres, civil servants and part-time workers at the commune level.
Article 40. Responsibility for implementation
1. The People's Committee at the provincial level shall submit to the People's Council at the same level for budget allocation to implement the regimes and policies prescribed in this Decree.
2. Vietnam Social Security shall guide and inspect provincial and district-level Social Security in implementing social insurance regimes for commune-level cadres and civil servants according to the provisions of this Decree.
3. Ministries and ministerial-level agencies shall review legal provisions on commune-level cadres, civil servants, and part-time workers at commune level, in villages and residential groups under their management to ensure compliance with the provisions of this Decree.
4. The provincial People's Committee shall guide the holding of concurrent positions to ensure that all areas of work in the locality are undertaken by cadres and civil servants; arrange, guide and inspect the use of funding sources to implement regimes and policies for commune-level cadres and civil servants, part-time workers at the commune level, in villages and residential groups, and people directly participating in activities in villages and residential groups according to the provisions of this Decree.
5. The District People's Committee guides and inspects the Commune People's Committee in implementing the regime and policies for commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups, and people directly participating in activities in villages and residential groups according to the regulations of the Provincial People's Committee and the provisions of this Decree.
6. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities and relevant agencies, organizations and individuals are responsible for implementing this Decree./.
GOVERNMENTPRIMARY
Pham Minh Chinh