Chương V Luật cán bộ, công chức 2008: Cán bộ, công chức cấp xã

Chapter V

COMMUNE-LEVEL CADRES AND CIVIL SERVANTS

Article 61. Posts and titles of commune-level cadres and civil servants

1. Commune-level cadres and civil servants defined in Clause 3, Article 4 of this Law include commune-level cadres and commune-level civil servants.

2. Posts of commune-level cadres include:

a/ Party committee secretary and deputy secretary;

b/ People’s Council chairman and vice chairman;

c/ People’s Committee president and vice president;

d/ Vietnam Fatherland Front Committee president;

e/ Ho Chi Minh Communist Youth Union secretary;

f/ Vietnam Women’s Union president;

g/ Vietnam Peasants Association president (applicable to communes, wards and townships with agricultural, forestry, fishery and salt-making activities and Vietnam Peasants Association chapter);

b/ Vietnam Veterans’ Association president

3. Posts of commune-level civil servants include:

a/ Chief police officer;

b/ Military chief commander;

c/ Administrative-statistics clerk;

d/ Land-construction-urban area and environment officer (for wards and townships) or land-agriculture-construction and environment officer (for communes):

e/ Financial controller-accountant:

f/ Justice-civil status officer;

g/ Culture- social affairs officer.

Commune-level civil servants are managed by the district level.

4. Commune-level cadres and civil servants defined in Clauses 2 and 3 of this Article include also cadres and civil servants rotated, transferred or seconded to commune level.

5. On the basis of local socio-economic conditions, size and characteristics, the Government shall specify the numbers of commune-level cadres and civil servanis.

Article 62. Obligations and rights of commune-level cadres and civil servants

To perform obligations and exercise rights defined in this Law, other relevant laws and statutes of organizations of which they are members.

2. Incumbent commune-level cadres and civil servants are entitled to salary and insurance regimes; when ceasing to hold their posts, if meeting conditions and criteria as prescribed by law, they may be considered for being employed as civil servants, in this case, they are exempt from the probation regime and enjoy regimes and policies without interruption. If they are not employed as civil servants and not eligible for retirement, they may no longer receive salaries and shall pay voluntary insurance premiums under law; if they are transferred, rotated or seconded cadres or civil servants, competent agencies shall provide them with appropriate jobs or entitlements under law.

The Government shall specify this Clause.

Article 63. Election, recruitment, training and retraining of commune-level cadres and civil servants

1. Commune-level cadres shall be elected under the Law, on Organization of People’s Councils and People’s Committees, the Law on Election of People’s Council Deputies, statutes of concerned organizations, other laws and regulations of competent agencies.

2. Commune-level civil servants shall be recruited through examination; for mountainous, border, island, deep-lying, remote and ethnic minority areas and areas with especially difficult socio-economic conditions, they may be recruited through selection.

District-level Peoples Committee presidents shall organize recruitment of commune-level civil servants under the Government’s regulations.

3. The training and retraining of commune-level cadres and civil servants must be based on criteria for each post and title, task requirements and in line with cadre and civil servant planning.

The training and retraining regime applicable to commune-level cadres and civil servants shall be prescribed by competent agencies of the Communist Party of Vietnam and the Government.

Funds for training and retraining cadres and civil servants shall be covered by the slate budget and other sources under law.

Article 64. Evaluation, categorization, request for job discontinuation, resignation, relief of duty, job discontinuation and retirement of commune-level cadres and civil servants

The evaluation, categorization, request for job discontinuation, resignation, relief of duty, job discontinuation and retirement of commune-level cadres and civil servants shall be conducted under relevant provisions of this Law applicable to cadres and civil servants, other relevant legal provisions and statutes.