Can I receive two responsibility allowances at the same time?
Mr. Nguyen Phan Khoi (Nghe An) is a civil servant of the district People's Committee, a member of the agency's Party Committee, and Deputy Political Commissar of the agency's Military Command. Mr. Khoi asked, is he entitled to both the Party Committee member allowance and the Deputy Political Commissar of the agency's Military Command allowance?
Regarding this issue, Lawyer Tran Van Toan - Khanh Hung Law Office - Hanoi Bar Association responded as follows:
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Allowance regime for committee members
According to Article 2 of Regulation No. 169-QD/TW dated June 24, 2008 of the Central Party Secretariat (Term X) regulating the responsibility allowance regime for Party committee members at all levels (still in effect), members of the Party Executive Committee at district, town, and equivalent levels enjoy a coefficient of 0.4 of the basic salary; members of the Party Executive Committee, Party cells at commune level and equivalent levels enjoy a coefficient of 0.3 of the basic salary.
According to Article 3 of this regulation, in case a comrade is a member of multiple levels of the Party Committee, he/she will only receive one level of responsibility allowance of the highest Party Committee in which he/she participates.
The budget for paying allowances to Party Committee members is included in the operating expenses of Party organizations in the Regulations on the regime of spending on Party activities of Party organizations at all levels issued together with Decision No. 84-QD/TW, dated October 1, 2003 of the Central Executive Committee (term IX), now replaced by Decision No. 99-QD/TW dated May 30, 2012 of the Central Executive Committee (term XI).
Responsibility allowance for Deputy Political Commissar of the Military Command of the agency
According to Clause 6, Article 16 of Decree No. 03/2016/ND-CP dated January 5, 2016 of the Government detailing and implementing a number of articles of the Law on Militia and Self-Defense Forces, the responsibility allowance for Deputy Political Commissars of Military Commands of agencies and organizations at the grassroots level is calculated and paid monthly, equal to the basic salary multiplied by the coefficient of 0.22.
The time to receive responsibility allowance is calculated from the date of appointment decision and implementation until the decision to stop holding that position; in case of holding the position for 15 days or more in a month, the allowance for the whole month is received, in case of holding the position for less than 15 days in a month, the allowance is received at 50% of the responsibility allowance for that month.
According to Article 25 of this Decree, the budget for the activities of the militia and self-defense force (including allowances for the responsibility of managing and commanding militia and self-defense units) is guaranteed by the State budget and is arranged in the annual State budget expenditure estimates of ministries, branches and localities according to the current State budget decentralization.
In the case of Mr. Nguyen Phan Khoi, who is both a member of the Party Executive Committee of the District People's Committee and holds the position of Deputy Political Commissar of the Military Command of the District People's Committee, and is not elected to multiple levels of Party Committees, he is not eligible for only one level of responsibility allowance of the highest Party Committee as stated in Article 3 of Regulation No. 169-QD/TW.
According to Regulation No. 169-QD/TW of the Central Party Secretariat, the responsibility allowance for Party Committee members is paid by the Party organization's budget. According to Decree No. 03/2016/ND-CP, the responsibility allowance for Political Commissars and Deputy Military Commands of agencies is guaranteed by the State budget. The two responsibility allowances apply to two different jobs (Party work and management and command of militia and self-defense forces), each job position requires high responsibility. Therefore, according to the lawyer, Mr. Khoi is entitled to both of these responsibility allowances.