New regulations on commune-level officials and civil servants, latest 2023

Today, the Government issued Decree 33/2023/ND-CP regulating commune-level cadres, civil servants and non-professional workers at commune, village and residential group levels with many notable contents.

Công chức cấp xã có 6 chức danh. (Nguồn: TVPL)

New regulations on commune-level officials and civil servants have 6 positions. (Source: TVPL)

Commune-level civil servants have 6 positions.

(1) Commune-level officials have the following positions:

- Secretary, Deputy Secretary of the Party Committee;

- Chairman and Vice Chairman of the People's Council;

- Chairman and Vice Chairman of the People's Committee;

- Chairman of the Vietnam Fatherland Front Committee;

- Secretary of the Ho Chi Minh Communist Youth Union ;

- President of Vietnam Women's Union;

- Chairman of the Vietnam Farmers' Union (applicable to communes, wards and towns with agricultural, forestry, fishery and salt production activities and with the Vietnam Farmers' Union);

- President of Vietnam Veterans Association.

(2) Commune-level civil servants have the following positions:

- Commander of the Military Command;

- Office - statistics;

- Land administration - construction - urban and environment (for wards and towns) or land administration - agriculture - construction and environment (for communes);

- Finance - accounting;

- Justice - civil status;

- Culture - society.

Number of commune-level officials and civil servants

The number of commune-level officials and civil servants is calculated according to the type of commune-level administrative unit, specifically as follows:

- For wards: Type I is 23 people; Type II is 21 people; Type III is 19 people;

- For communes and towns: Type I is 22 people; Type II is 20 people; Type III is 18 people.

Allowance for commune-level leadership positions

Commune-level officials are entitled to leadership position allowances compared to the basic salary as follows:

- Party Secretary: 0.30.

- Deputy Party Secretary, Chairman of People's Council, Chairman of People's Committee: 0.25.

- Chairman of the Fatherland Front Committee, Vice Chairman of the People's Council, Vice Chairman of the People's Committee: 0.20.

- 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.

Commune-level cadres and civil servants who concurrently hold positions or titles of commune-level cadres and civil servants other than the positions or titles currently held, and the number of commune-level cadres and civil servants assigned by the People's Committee at the district level is reduced by 01 person, then 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 prescribed allowance level for the concurrent position.

Number of non-professional activists at commune level

The Decree also stipulates that the number of non-professional workers 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.

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 number of additional non-professional workers at the commune level as follows:

For every increase in population of a ward that reaches 1/3 (one-third) of the prescribed level, the number of non-professional staff members will be increased by 1. For every increase in population of the remaining commune-level administrative units that reaches 1/2 (one-half) of the prescribed level, the number of non-professional staff members will be increased by 1.

In addition to increasing the number of non-professional workers according to the population size prescribed above, for every increase of 100% of the prescribed natural area, a commune-level administrative unit can increase by 01 non-professional worker.

Allowance regime for non-professional workers at commune level

Part-time workers at the commune level are entitled to allowances. The central budget allocates allowance funds including social insurance and health insurance contributions to pay monthly to part-time workers at the commune level as follows:

- Type I commune-level administrative units are allocated an allowance fund equal to 21.0 times the basic salary;

- Type II commune-level administrative units are allocated an allowance fund equal to 18.0 times the basic salary;

- 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, the total allowance fund amount will be calculated to increase by 1.5 times the basic salary/01 additional non-professional worker.

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:

- For villages with 350 households or more; residential groups with 500 households or more; villages and residential groups belonging to key commune-level administrative units with complex security and order issues according to the decision 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 households or more 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;

- For villages and residential groups not covered by the provisions of Point a above, the allowance fund is allocated at 4.5 times the basic salary;

- In case the district-level administrative unit does not organize a commune-level administrative unit, the villages and residential groups specified in points a and b above shall be determined according to that district-level administrative unit.

See details in Decree 33/2023/ND-CP effective from August 1, 2023.

Source