New regulations on salary classification, position allowances and some regimes for commune-level cadres and civil servants

Salary ranking for commune-level officials and civil servants

Specifically, according to Decree 33/2023/ND-CP, 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.

Officials of Mau Duc commune (Con Cuong) inspect the model of zoning and preserving bitter bamboo shoots of Mr. Lang Van Phong's family in Ke Sung village. Photo: Nguyen Nguyen

In case during the working period, commune-level cadres and civil servants have changes in training level suitable for the current position and title, they can request the Chairman of the District People's Committee to arrange salary according to the new training level from the date of graduation certificate issuance.

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 probationary and probationary periods). The working period with non-continuous compulsory social insurance will be accumulated.

Commune-level cadres and civil servants shall implement the regime of regular salary increases, early salary increases, and extended salary increase periods according to Government regulations on salary regimes for cadres, civil servants, public employees, and armed forces.

Commune-level cadres and civil servants are entitled to seniority allowances beyond the framework according to Government regulations on salary regimes for cadres, civil servants, public employees and armed forces.

Allowance for commune-level leadership positions

Commune-level cadres 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.

Allowance for holding concurrent positions, concurrent positions are entitled to concurrent allowance

The Decree also stipulates allowances for holding concurrent positions and concurrent positions are entitled to concurrent allowances.

Specifically, commune-level cadres and civil servants who concurrently hold positions or titles of commune-level cadres and civil servants other than the current positions or titles, and are reduced by 01 person in the number of commune-level cadres and civil servants assigned by the People's Committee at the district level, from the date the competent authority decides on the matter, they will receive 50% of the salary (level 1), plus the leadership position allowance (if any) of the concurrent position or title; the allowance for concurrently holding positions or titles is not 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.

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.

Changes in professional training level, salary is ranked according to new training level

Regarding transitional provisions, the Decree clearly states that in the course of work, if commune-level cadres and civil servants have changes in their professional training level in accordance with their current position or title, have been granted a graduation certificate and have not been classified according to their new training level before August 1, 2023, they will be classified according to their new training level from August 1, 2023.

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 commune-level cadres and civil servants, 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.

Commune-level cadres are those who are receiving pension or disability allowance. In addition to their current monthly pension or disability allowance, they are classified and receive salary and allowances according to their current positions as prescribed in this Decree and do not have to pay social insurance or health insurance.

Commune-level cadres and civil servants are those 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 monthly war invalids and sick soldiers currently receiving benefits, they are classified and receive salaries and allowances according to the positions they hold or civil servant titles currently held as prescribed in this Decree.

When an elderly communal official dies, the person in charge of the funeral will receive funeral expenses equal to 10 times the basic salary.

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.

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) and have paid social insurance according to this position but have not yet received a one-time allowance 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, social insurance contributions can be paid back to serve as a basis for calculating social insurance benefits.

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.

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.

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.

Decree 33/2023/ND-CP takes effect from August 1, 2023.