Nghị định 33/2023/NĐ-CP quy định về cán bộ, công chức cấp xã và người hoạt động không chuyên trách ở cấp xã, ở thôn, tổ dân phố

DECREE

PROVIDING REGULATIONS ON COMMUNE-LEVEL OFFICIALS AND PART-TIME OFFICIALS OF COMMUNES AND NEIGHBORHOODS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on amendments to the Law on Governmental Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Officials dated November 13, 2008;

Pursuant to the Law on Officials dated November 13, 2008; Law on amendments to some articles of the Law on Officials and 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 on amendments to 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 Domestic Affairs;

The Government hereby promulgates a Decree providing regulations on commune-level officials and part-time officials of communes and neighborhoods.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for positions, titles, quantity, standards, tasks, regulations and policies; election, recruitment, use and management of officials of communes, wards and townships (hereinafter referred to as “commune-level officials”) and part-time officials of communes and neighborhoods.

Article 2. Regulated entities

1. The commune-level officials prescribed in Clause 3 Article 4 and Article 61 of the Law on Officials in 2008 (which is amended in 2019).

2. Part-time officials of communes and neighborhoods.

Article 3. Rules for management of commune-level officials and part-time officials of communes and neighborhoods

1. Ensure the unified leadership of the CPV.

2. Ensure the Democratic centralism and strengthen roles and responsibilities of leaders of agencies, organizations and units.

3. Combine standards of positions, titles and quantity of commune-level officials with quantity and titles of part-time officials of communes and neighborhoods.

Article 4. Responsibilities of commune-level officials and part-time officials of communes and neighborhoods

Commune-level officials and part-time officials of communes and neighborhoods shall be responsible for complying with the regulations herein, organizational charters and regulations of relevant law.

Chapter II

COMMUNE-LEVEL OFFICIALS

Section 1. Positions, titles and quantity of commune-level officials

Article 5. Positions, titles

1. The commune-level officials prescribed in Clause 1 Article 2 hereof shall hold the following positions:

a) Secretary, Deputy Secretary of the Communist Party Committee;

b) Chairperson and Vice Chairpersons of the People's Council;

c) Chairperson and Vice Chairpersons of the People's Committee;

d) Chairperson of Vietnam Fatherland Front Central Committee;

dd) Secretary of the Ho Chi Minh Communist Youth Union.

c) Chairperson of Vietnam Women’s Union;

g) Chairperson of Vietnam Farmer’s Union (applicable to communes, wards, townships engaged in agricultural, forestry, fishery and salt production activities and involved in Vietnam Farmers' Union.

h) Chairperson of Vietnam War Veteran Association;

2. The commune-level officials prescribed in Clause 1 Article 2 hereof shall hold the following titles:

a) The commanding officer of Military Command;

b) Office administration/management - statistical officials;

c) Cadastral - construction - urban and environment officials (for wards and townships) or Cadastral - agriculture - construction and environment officials (for communes);

d) Finance - accounting officials;

dd) Judicial - Civil status officials;

e) Socio - Cultural officials.

Article 6. Quantity of commune-level officials

1. The commune-level officials are classified according to third-level administrative subdivisions. To be specific:

a) Wards: Class-I: 23 persons; Class-II: 21 persons; Class-III: 19 persons;

b) Communes and townships: Class-I: 22 persons; Class-II: 20 persons; Class-III: 18 persons;

2. The provincial People’s Committees shall, based on the number of third-level administrative subdivisions where population sizes and natural areas are higher than the standard sizes prescribed in the Resolution of the Standing Committee of National Assembly on standards of administrative divisions and classification of administrative divisions, calculate the increasing number of officials of communes as follows:

a) If the population of any ward of an urban district increases by every one-third (1/3) of the prescribed population size, 01 more official may be newly recruited. If the population of any of the remaining third-level administrative subdivisions increases by every half (1/2) of the prescribed population size, 01 more official may be newly recruited.

b) In addition to increase in the number of officials according to the population size prescribed in Point a of this Clause, if the population of any of the third-level administrative subdivisions increases by one hundred percent (100%) of the prescribed natural area, 01 more official may be newly recruited.

3. The population size (including permanent resident population and temporary resident population converted) and natural area calculated til December 31 of every year to determine the number of commune-level officials prescribed in Clause 2 of this Article shall comply with the Resolution of the Standing Committee of National Assembly on standards of administrative divisions and classification of administrative divisions.

In case, in third-level administrative subdivisions, on and by December 31 of every year, there is a change in the population size and natural area prescribed in Clause 2 of this Article, or there is a change in levels of administrative divisions, the provincial People’s Committees shall propose to the People's Councils at the same level consideration for adjustment to the total number of commune-level officials (including first-level administrative subdivisions) to be in accordance with regulations.

4. Annually, the provincial People’s Committees shall propose to the People's Councils at the same level decision on the number of commune-level officials for each second-level administrative subdivision under their management in accordance with realistic demands, but it must be ensured that the total commune-level officials of second-level administrative subdivisions shall not exceed the total commune-level officials of first-level administrative subdivisions according to the regulations in Clauses 1 and 2 of this Article.

5. Annually, the provincial People’s Committees shall decide the specific quantity of officials at each third-level administrative subdivision and arrange the quantity of officials of each title of commune-level officials under their management according to requirements and tasks of each third-level administrative subdivision. The number of officials of each third-level administrative subdivision may be less than that of class-III third-level administrative subdivisions or more than that of class-I third-level administrative subdivisions prescribed in Clause 1 of this Article, but must not exceed the total commune-level officials of its second-level administrative subdivision assigned by the People's Council.

6. The number of commune-level officials prescribed in this Article including persons who are given pensions or a loss of earning capacity benefits (LOEC benefit) voted for holding positions of commune-level officials shall be rotated, assigned and seconded to third-level administrative subdivisions.

In case an official is rotated to hold the position of the Vice Chairperson of the People’s Committee of a commune, regulations of the Government on the number of Vice Chairpersons of the People’s Committee and procedures for election, resignation, dismissal and assignment of members of the People's Committee shall be applied.

Section 2. Standards and tasks of COMMUNE-LEVEL OFFICIALS

Article 7. General standards of commune-level officials

1. General standards of commune-level officials shall be applied according to applicable regulations of law on officials, organizational charters and regulations of the CPV and of socio-political organizations at the central level.

2. Officials who are Commanding Officers of Military Commands of communes shall not only meet the standards prescribed in Clause 1 of this Article but also have the capacity to cooperate with units of people's army, people's police and other forces in these communes in developing the all-people national defense, performing civil defense duties; maintaining security, politics, social order and safety, protecting the CPV, government and property of the State and protecting the people's lives and property.

Article 8. Standards of each position of commune-level officials

1. Secretary, Deputy Secretary of the Communist Party Committee:

a) Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;

b) Education level: officials must have graduated from high schools;

c) Professional level: officials must have tertiary education degrees. If otherwise prescribed by the CPV charter, the regulations of the CPV charter shall be applied;

d) Political theory level: officials must have graduated from intermediate schools or equivalent or higher. If otherwise prescribed by the CPV charter, the regulations of the CPV charter shall be applied;

dd) For other standards, regulations of the CPV and authorities competent to manage officials shall be applied.

2. The Chairperson of Vietnam Fatherland Front Central Committee, Secretary of Ho Chi Minh Communist Youth Union, Chairperson of Vietnam Women’s Union, Chairperson of Vietnam Farmer’s Union, Chairperson of Vietnam War Veteran Association at the commune-level:

a) Ages of officials shall comply with regulations of law, organizational charters and regulations of socio-political organizations at the central level.

b) Education level: officials must have graduated from high schools;

c) Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws and organizational charters, regulations of such laws and organizations shall be applied;

d) Political theory level: officials must have graduated from intermediate schools or equivalent or higher. If otherwise prescribed by laws and organizational charters, regulations of such laws and charters shall be applied;

dd) For other standards, regulations of the CPV, socio-political organizations at the central level and authorities competent to manage officials shall be applied.

3. Chairperson and Vice Chairpersons of the People's Council; Chairperson and Vice Chairpersons of the People’s Committee;

a) Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;

b) Education level: officials must have graduated from high schools;

c) Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws, regulations of such laws shall be applied;

d) Political theory level: officials must have graduated from intermediate schools or equivalent or higher;

dd) For other standards, regulations of the Law on Organization of the Local Government, relevant laws, regulations of the CPV and authorities competent to manage officials shall be applied.

4. The Provincial People’s Committees shall provide specific regulations on the professional qualification of from intermediate level or higher for commune-level officials working in communes, wards and townships of mountainous regions, highland areas, border regions, islands, island communes, remote areas, ethnic minority areas and areas with extremely difficult socio-economic conditions.

5. On the basis of the standards of each position of commune-level officials prescribed in this Article, the provincial People’s Committees shall provide specific standards of each title of commune-level officials in a manner that is satisfactory to characteristics and requirements for task performance of each commune level and is not lower than the standards prescribed in this Decree.

Article 9. Tasks of each position of commune-level officials

1. Secretary of the Communist Party Committee of a commune shall

Manage the performance of functions and tasks of the Internal Communist Party Committee; in collaboration with the collective of Communist Party Committee and the Standing Committee of Party Committee, holistically manage the grassroots political system in terms of application of guidelines and policies of the CPV, regulations of laws in the commune and performance of the following tasks:

a) Taking charge and directing the formulation of the working regulations, annually, quarterly and monthly work contents and plans of the Executive Committee and the Standing Committee;

b) Assigning tasks to members of the Executive Committee and the Standing Committee;

c) Directing formulation and approval of annually, quarterly and monthly work plans and regular tasks of members of the Executive Committee, the Standing Committee;

d) Inspecting, urging and regulating activities of members of the Executive Committee and the Standing Committee in terms of execution of work programs and plans;

dd) Monitoring and evaluating the implementation of work plans of each member of the Executive Committee and the Standing Committee;

e) Directing the implementation of resolutions and conclusions of the Executive Committee and the Standing Committee and directives and resolutions of the CPV and superior authorities;

g) Signing documents according to working regulations of the Executive Committee and the Standing Committee;

h) Periodically or ad hoc reporting the operation of the Executive Committee and the Standing Committee to superior authorities of the CPV;

i) Directing preliminary and final review of the annual, 6-month, quarterly, monthly and weekly work according to regulations;

k) Being a representative of the Executive Committee and the Standing Committee of the Communist Party Committee in a working relationship with commune-level and superior authorities; authorizing Deputy Secretaries to perform the Secretary’s tasks when absenting at the office according to the working regulations;

l) Being responsible for the use of finance and property assigned by competent authorities to the Communist Party Committee of the commune according to regulations;

m) Summoning and presiding over periodic and ad hoc conferences and meetings;

n) Performing other tasks according to regulations of the CPV, relevant laws and authorities competent to manage officials.

2. Deputy Secretary of the Communist Party Committee of a commune shall

a) Perform tasks according to the assignment of the Executive Committee and Standing Committee and the Secretary of the Communist Party Committee of the commune;

b) Assist the Secretary of the Communist Party Committee of the commune in directing operations of the Communist Party Committee of the commune within its jurisdiction; sign assigned documents; resolve tasks of the Communist Party Committee of the commune according to the authorization of the Secretary of the Communist Party Committee of the commune;

c) Preside over or participate in conferences and meetings according to the assignment of the Secretary of the Communist Party Committee; summon and preside over periodic and ad hoc meetings according to the assignment of the Secretary of the Communist Party Committee or the working regulations of the Executive Committee and the Standing Committee;

d) Directly implement in other directions of the Secretary of the Communist Party Committee or according to the working regulations of the Executive Committee and the Standing Committee;

dd) Perform other tasks according to regulations of the CPV, relevant laws and authorities competent to manage officials.

3. The Chairperson of the People's Council of a commune shall;

Direct operations of the Standing People’s Council, committees of the People's Council of the commune. On behalf of the Standing People’s Council of the commune, maintain the relationship with the People’s Committee, regulatory agencies, the Standing Committee of the Vietnam Fatherland Front Central Committee, members of the Vietnamese Fatherland Front at the same level, other social organizations and citizens. Perform tasks and entitlements according to regulations of law, the working regulations of the People's Council and the following tasks:

a) Taking charge of building working regulations, annual, quarterly and monthly work contents and plans of the Communal People's Council;

b) Assigning tasks in the Standing People's Council of the commune;

c) Directing formulation and approval of annual, quarterly and monthly work plans of the Standing People's Council and Committees of the People's Council of the commune;

d) Inspecting, urging and regulating activities of members of the Standing People's Council of the commune in terms of execution of work programs and plans;

dd) Monitoring and evaluating the execution of work programs and plans of each member of the Standing People's Council of the commune;

e) Directing the implementation of resolutions and conclusions of the Standing People's Council of the commune and superior regulatory agencies;

g) Signing documents according to rules and working regulations of the Standing People's Council of the commune;

h) Periodically reporting the operation of the People's Council, the Standing People's Council of the commune to superior authorities;

i) Directing preliminary and final review of the annual, 6-month, quarterly and monthly work according to regulations;

k) Being a representative of the People's Council, the Standing People's Council of the commune in a working relationship with communal and superior authorities; authorizing Deputy Chairpersons of the communal People's Council to perform the Chairperson’s tasks when absenting at the office according to the working regulations of the communal People's Council;

l) Being responsible for the use of finance and property assigned by competent authorities to the communal People's Council according to regulations;

m) Summoning and presiding over periodic and ad hoc conferences and meetings;

n) Performing other tasks according to regulations of the CPV, relevant laws and authorities competent to manage officials.

4. The Vice Chairpersons of the People's Council of a commune shall;

a) Perform tasks according to the assignment of the Standing People's Council and the Chairperson of the People's Council of the commune;

b) Assist the Chairperson of the communal People's Council in directing operations of the Standing People's Council and committees of the People's Council of the commune under his/her authority; sign documents and resolve tasks of the Standing People's Council according to the authorization of the Chairperson of the People's Council;

c) Preside over or participate in conferences and meetings according to the assignment of the Chairperson of the People's Council; summon and preside over periodic and ad hoc meetings according to the assignment of the Standing People's Council of the commune or the working regulations of the communal People's Council;

d) Perform other tasks according to regulations of the CPV, relevant laws and authorities competent to manage officials.

5. The Chairperson of the People’s Committee of a commune shall:

a) Manage operations of the People’s Committee, members of the People’s Committee of the commune

b) Direct the performance of tasks in terms of organization and assurance of the implementation of the Constitution, law and documents of superior regulatory agencies, the People's Council and People’s Committee of the commune; perform tasks in terms of national defense, security and assurance of social order and safety, combat, prevention and control of crimes and other violations against law; prevent and control bureaucracy and corruption; organize implementation of measures to protect property of agencies, organizations and protect the life, freedom, honor, dignity, property, other lawful rights and interests of citizens; implement measures to manage population in the commune according to regulations of law;

c) Manage and organize the effective use of Government offices, property, working facilities and allocated state budget as prescribed by law;

d) Handle complaints and denunciations, handle violations against law, receive citizens according to regulations of law;

dd) Authorize Vice Chairpersons of the communal People’s Committee to perform tasks and entitlements within the competence of the Chairperson of the communal People’s Committee;

e) Direct implementation of measures to protect environment, prevent and control fire and explosion; apply measures to solve unexpected and urgent tasks in prevention and control of natural disasters, epidemics, security, social order and safety in the commune according to regulations of law;

g) Perform tasks and entitlements according to the authorization of superior regulatory agencies;

h) Perform other tasks according to regulations of the CPV, the Law on Organization of the Local Government, relevant laws and authorities competent to manage officials.

6. The Vice Chairpersons of the People’s Committee of a commune shall:

a) Direct fields and areas of work assigned by the Chairperson of the communal People’s Committee; proactively develop programs and plans for performing tasks according to such fields and areas; be entitled to use the power of the Chairperson of the communal People’s Committee when dealing with tasks and signing documents according to the authorization of the Chairperson of the communal People’s Committee;

b) Take personal responsibility to the Chairperson of the communal People’s Committee for the assigned fields of work and their decisions and management; collaborate with the Chairperson of the communal People’s Committee and members of the communal People’s Committee in taking collective responsibility for the entire operation of the communal People’s Committee before the Communist Party Committee, the People's Council of the commune, the superior People’s Committee and the Chairperson of the superior People’s Committee. For issues beyond the competence of the Vice Chairpersons of the communal People’s Committee, they must report to the Chairperson of the communal People’s Committee for consideration and decision;

c) During the performance of tasks, if there is any problem relating to the competence and responsibility to deal with the tasks with the other Vice Chairpersons of the People’s Committee, they shall proactively discuss and cooperate to reach an agreement on solutions; if there still has a difference in opinions of these Vice Chairpersons, they shall report to the Chairperson of the communal People’s Committee for consideration and decision;

d) Perform other tasks according to regulations of the CPV, relevant laws and authorities competent to manage officials and according to the assignment of the Chairperson of the communal People’s Committee.

7. The Chairperson of Vietnam Fatherland Front Central Committee of a commune shall

Direct and collaborate with members of the Standing Committee of the Vietnam Fatherland Front Central Committee of the commune in performing the following tasks:

a) Summoning and presiding over conferences and meetings of Vietnam Fatherland Front Central Committee of the commune;

b) Organizing implementation of resolutions on and annual and 6-month programs for cooperation and unified action of Vietnam Fatherland Front Central Committee at the same level and the Vietnam Fatherland Front Central Committee at the higher level; the CPV's guidelines and policies, regulations of law, resolutions of the People's Council, decisions of the People’s Committee related to the tasks and entitlements of the Vietnam Fatherland Front Central Committee of the commune;

c) Regularly collecting opinions and petitions of electors and the people to respond and propose to Executive Committees of the CPV, the government and the Standing Committee of the Vietnam Fatherland Front Central Committee at the higher level;

d) Offering suggestions and proposals to Executive Committees of the CPV and the government at the same level concerning the implementation of policies and laws in the commune; implementing regulations of law on grassroots democracy, combat against bureaucracy, corruption, wastefulness, social evils; supervising operations of regulatory agencies and officials according to regulations of the CPV and law;

dd) Organizing the implementation of campaigns, patriotic emulation movements among the People; tasks of Vietnamese Fatherland Front in participating in developing and consolidating the government; protecting the People's legitimate rights and interests; supervising activities of regulatory agencies, members of the National Assembly, delegates of the People's Councils at all levels and officials and public employees; implementing the law on implementation of grassroots democracy; participating in settlement of complaints and denunciations in the commune;

e) Directing and guiding operations of the Front Work Department, the People’s Inspection Commission, the Public Investment Supervision Board;

g) Maintaining the collaborative relationship with the government and members at the same level;

h) Guiding operations of consulting organizations and collaborators of Vietnam Fatherland Front Central Committee of the commune;

i) Directing formulation and promulgation of decisions and regulations on cooperation of Vietnam Fatherland Front Central Committee of the commune and organizing implementation of such documents;

k) Summoning and presiding over conferences and meetings of Vietnam Fatherland Front Central Committee of the commune; directing the budgetary planning, implementation and settlement of operating expenses and decision to allocate operating funds provided by the State to Vietnam Fatherland Front Central Committee of the commune;

l) Considering and deciding to commend and reward or penalize within his/her competence;

m) Perform other tasks according to regulations of the CPV, relevant laws, regulations of central socio-political organizations of the central government and authorities competent to manage officials.

8. The Secretary of Ho Chi Minh Communist Youth Union of a commune shall

Direct and collaborate with members of the Executive Committee and Standing Committee of Ho Chi Minh Communist Youth Union of the commune in performing the following tasks:

a) Directing formulation of Operating Regulations of the Executive Committee and the Standing Committee of Ho Chi Minh Communist Youth Union of the commune; developing work programs and plans and providing instructions on implementation for grassroots organizations affiliated to Ho Chi Minh Communist Youth Union of the commune;

b) Cooperating with the local government of the commune, socio-political organizations at the same level in mobilizing and guiding officials and members of Ho Chi Minh Communist Youth Union of the commune to participate in execution of programs for socio-economic development and assurance about national defense and security, and emulation movements of Ho Chi Minh Communist Youth Union of the commune according to programs and resolutions proposed by of superior socio-political organizations;

c) Offering suggestions and proposals to Executive Committees of the CPV and the government at the same level concerning the implementation of policies and laws in the commune; implementing regulations of law on grassroots democracy, combat against bureaucracy, corruption, wastefulness, social evils; supervising operations of regulatory agencies and officials according to regulations of law;

d) Organizing implementation of resolutions, conclusions of the CPV and regulations of law; resolutions for members of Ho Chi Minh Communist Youth Union of the commune;

dd) Preparing contents, summoning and presiding over conferences and meetings of the Executive Committee and the Standing Committee;

e) Directing the budgetary planning, implementation and settlement of operating expenses and decision to allocate operating funds provided by the State to Ho Chi Minh Communist Youth Union of the commune;

g) Closely monitoring movements, periodically inspecting, evaluating and reporting to the Executive Committees of the CPV at the same level and the superior Ho Chi Minh Communist Youth Union on operations of Ho Chi Minh Communist Youth Union of the commune;

h) Directing operations of the Executive Committee and the Standing Committee according to the promulgated operating regulations;

i) Performing other tasks according to regulations of the CPV, relevant laws, regulations of central socio-political organizations of the central government and authorities competent to manage officials.

9. The Chairperson of Vietnam Women’s Union of a commune shall

Direct and collaborate with members of the Executive Committee and the Standing Committee of Vietnam Women’s Union of the commune in performing the following tasks:

a) Directing formulation and organizing implementation of operating regulations of the Executive Committee and the Standing Committee of Vietnam Women’s Union of the commune; developing work programs and plans and providing instructions on implementation for branches in villages and neighborhoods;

b) Cooperating with the local government of the commune, socio-political organizations at the same level in mobilizing and guiding officials and members of Vietnam Women’s Union of the commune to participate in execution of programs for socio-economic development and assurance about national defense and security, and emulation movements of Vietnam Women’s Union of the commune according to programs and resolutions proposed by of superior socio-political organizations;

c) Offering suggestions and proposals to Executive Committees of the CPV and the government at the same level concerning the implementation of policies and laws in the commune; implementing regulations of law on grassroots democracy, combat against bureaucracy, corruption, wastefulness, social evils; supervising operations of regulatory agencies and officials according to regulations of law;

d) Organizing implementation of resolutions, conclusions of the CPV and regulations of law; resolutions for members of Vietnam Women’s Union of the commune;

dd) Preparing contents, summoning and presiding over conferences and meetings of the Executive Committee and the Standing Committee;

e) Directing the budgetary planning, implementation and settlement of operating expenses and decision to allocate operating funds provided by the State to Vietnam Women’s Union of the commune;

g) Closely monitoring movements, periodically inspecting, evaluating and reporting to the Executive Committees of the CPV at the same level and the superior Vietnam Women’s Union on the operation of Vietnam Women’s Union of the commune;

h) Directing operations of the Executive Committee and the Standing Committee according to the promulgated operating regulations;

i) Performing other tasks according to regulations of the CPV, relevant laws, regulations of central socio-political organizations of the central government and authorities competent to manage officials.

10. The Chairperson of Vietnam Farmer’s Union of a commune shall

Direct and collaborate with members of the Executive Committee and the Standing Committee of Vietnam Farmer’s Union of the commune in performing the following tasks:

a) Directing formulation of operating regulations of the Executive Committee and the Standing Committee of Vietnam Farmer’s Union of the commune; developing work programs and plans and providing instructions on implementation for branches in villages and neighborhoods;

b) Cooperating with the local government of the commune, socio-political organizations at the same level in mobilizing and guiding officials and members of Vietnam Farmer’s Union of the commune to participate in execution of programs for socio-economic development and assurance about national defense and security, and emulation movements of Vietnam Farmer’s Union of the commune according to programs and resolutions proposed by of superior socio-political organizations;

c) Offering suggestions and proposals to Executive Committees of the CPV and the government at the same level concerning the implementation of policies and laws in the commune; implementing regulations of law on grassroots democracy, combat against bureaucracy, corruption, wastefulness, social evils; supervising operations of regulatory agencies and officials according to regulations of law;

d) Organizing implementation of resolutions, conclusions of the CPV and regulations of law; resolutions for members of Vietnam Farmer’s Union of the commune;

dd) Summoning and presiding over conferences and meetings of the Executive Committee and the Standing Committee;

e) Directing the budgetary planning, implementation and settlement of operating expenses and decision to allocate operating funds provided by the State to Vietnam Farmer’s Union of the commune;

g) Closely monitoring movements, periodically inspecting, evaluating and reporting to the Executive Committees of the CPV at the same level and the superior Vietnam Farmer’s Union on the operation of Vietnam Farmer’s Union of the commune;

h) Directing operations of the Executive Committee and the Standing Committee according to the promulgated operating regulations;

i) Performing other tasks according to regulations of the CPV, relevant laws, regulations of central socio-political organizations of the central government and authorities competent to manage officials.

11. The Chairperson of Vietnam War Veteran Association of a commune shall

Direct and collaborate with members of the Executive Committee and the Standing Committee of Vietnam War Veteran Association of the commune in performing the following tasks:

a) Directing formulation of operating regulations of the Executive Committee and the Standing Committee of Vietnam War Veteran Association of the commune; developing work programs and plans and providing instructions on implementation for branches in villages and neighborhoods;

b) Participating in development and protection of the CPV, the government and the socialist state; protecting the life, property of the People, property of the State; fighting against all plots and destructive activities of hostile forces; fighting against views that are contrary to the CPV’s guidelines and policies and the State's laws; implementing regulations of the law on grassroots democracy, fighting against bureaucracy, corruption, wastefulness and social evils; supervising activities of regulatory agencies and officials according to regulations of law;

c) Participating in socio-economic development, consolidating national defense and security; petitioning regulatory agencies and the local government for formulation and organization of implementation of policies and laws relating to veterans and veterans’ organizations;

d) Gathering, uniting, and encouraging veterans to practice, preserve revolutionary morals and qualities, improve political bravery, understanding of the CPV’s guidelines and policies and the State's laws, knowledge of economy, culture, science - technology, good performance of civic duties; gathering servicepersons who have completed their military service to continue promoting the tradition of "Uncle Ho's soldiers", participating in organization of Veterans Liaison Committees, clubs and other grassroots movements;

dd) Organizing assistance for veterans in the commune in improving material and spiritual aspects of life, developing family economy, eliminating hunger, reducing poverty, and getting rich legally; organizing gratitude activities for veterans to help each other in life;

e) Protecting the legitimate rights and interests of veterans; disseminating and educating laws, providing legal advice and legal aid for veterans;

g) Cooperating with Ho Chi Minh Communist Youth Union, other members of Vietnamese Fatherland Front, military agencies in educating the patriotic tradition, revolutionary heroism and self-reliance for the young generation;

h) Organizing implementation of resolutions, conclusions of the CPV and regulations of law; resolutions for members of Vietnam War Veteran Association of the commune; preparing contents, summoning and presiding over conferences and meetings of the Executive Committee and the Standing Committee; directing the budgetary planning, implementation and settlement of operating expenses and decision to allocate operating funds provided by the State to Vietnam War Veteran Association of the commune;

i) Directing operations of the Executive Committee and the Standing Committee according to the promulgated operating regulations;

k) Perform other tasks according to regulations of the CPV, relevant laws, regulations of central socio-political organizations of the central government and authorities competent to manage officials.

12. On the basis of the standards of each position of commune-level officials prescribed in this Article, the district-level People’s Committees shall prescribe specific tasks of each position of commune-level officials in a manner that is satisfactory to characteristics and requirements for task performance of each commune level and ensures that officials are sent to all fields of work.

Article 10. Standards of each title of commune-level officials

1. Standards of Commanding Officers of Military Commands of communes shall comply with relevant military law provisions.

2. Standards of Office administration/management - statistical officials; Cadastral - construction - urban and environment officials (for wards and townships) or Cadastral - agriculture - construction and environment officials (for communes); Finance - accounting officials; Judicial - civil status officials; Socio-cultural officials shall be as follows:

a) Age: from at least 18 years of age;

b) Education level: graduated from high schools;

c) Professional qualifications: have tertiary education degrees in disciplines appropriate to requirements and tasks of each title of commune-level officials. If otherwise prescribed by laws, regulations of such laws shall be applied.

3. The Provincial People’s Committees shall provide specific standards of the professional qualification of from intermediate level or higher for commune-level officials working in communes, wards and townships of mountainous regions, highland areas, border regions, islands, island communes, remote areas, ethnic minority areas and areas with extremely difficult socio-economic conditions.

4. On the basis of the standards of each title of commune-level officials prescribed in Clause 2 of this Article and current conditions of communes, the provincial People’s Committees shall provide:

a) Specific standards of each title of commune-level officials in a manner that is satisfactory to characteristics and requirements for task performance of each commune level and is not lower than the standards prescribed herein;

b) Disciplines appropriate to requirements and tasks of each title of commune-level officials in each recruitment process;

c) Development of plans for creation of human resources and training for each title of commune-level officials in state management, political theory; foreign languages, informatics, minority languages (for areas where minority languages must be used in their assignment), implementation of regulations, policies and downsizing.

Article 11. Tasks of each title of commune-level officials

1. The Commanding Officer of Military Command of a commune shall:

a) Offer counseling and proposals to the Communist Party Committee, People's Council and People’s Committee of the commune on guidelines, measures and solutions to management of performance of national defense and military tasks; build militia and reserve forces; cooperate with socio-political organizations in performing national defense and military tasks in the commune;

b) Cooperate with units of people's army, people's police and other forces in these communes in developing the all-people national defense, civil defense areas; maintain security, politics, social order and safety;

c) Cooperate with units of border guard, navy, coast guard and other forces in protecting national sovereignty and border security and sovereignty and sovereign rights over Vietnam's seas;

d) Prevent, combat and overcome consequences of natural disasters and epidemics, search and rescue, protect and prevent forest fires, protect environment and perform other civil defense tasks;

dd) Assist the Chairperson of the People’s Committee of the commune in registration and management of citizens who are in the age of military service, reservists and militia and self-defense forces according to regulations of law, and mobilization and conscription of younger persons for military service;

e) Act as an advisor for the Military Service Board of the commune to handle violations according to regulations of the Law on Military Service;

g) Assist the Chairperson of the People’s Committee of the commune in building and directing the militia to cooperate with the police and other forces in protecting security and order, being ready for fighting and organizing disaster recovery, evacuation and rescue;

h) Take charge of cooperation with socio-political organizations in providing national defense education in the commune;

i) Assist the People’s Committee of the commune in implementing policies on the rear of the army and adopting policies on rear service and regimes and policies for militia and reservists in accordance with law;

k) Perform other tasks according to the assignment of the Chairperson of the communal People’s Committee and of the district-level Military Command and regulations of law on national defense.

2. An office administration/management - statistical official shall

a) Act as an advisor for the People's Council, the Standing People's Council, the People’s Committee and the Chairperson of the People’s Committee of the commune to formulate and monitor the execution of periodic and ad hoc work programs, plans and working schedules;

b) Cooperate with other officials 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 People’s Council and the People’s Committee of the commune; electing members of the National Assembly, members of the People's Councils at all levels and members of the communal People’s Committee;

c) Cooperate, monitor and report the implementation of the working regulations of the communal People’s Committee; assist the Chairperson of the communal People’s Committee in organizing reception of citizens and implementation of grassroots democracy according to regulations of law; receive petitions, complaints, denunciations then transfer them to the Standing People's Council, the People’s Committee, the Chairperson of the People’s Committee of the commune for consideration and settlement within his/her competence;

d) Act as an advisor for the communal People’s Committee to implement single-window system and interlinked single-window system; organize a unit receiving, processing and informing results of handling of administrative procedures of the communal People’s Committee; build an electronic Government, information technology, digital transformation; control administrative procedures;

dd) Assist the communal People’s Committee in setting up statistical schedules, organizing statistical surveys according to regulations of law on statistics; consolidating, listing and managing database according to fields in the commune (including database on commune-level officials and part-time officials of communes and neighborhoods); performing clerical work, archiving, emulation and commendation;

e) Take charge and cooperate with other officials in monitoring implementation of socio-economic development plans; consolidating and listing results of application of socio-economic development targets in the commune according to regulations of law;

g) Perform other tasks according to the assignment of the Chairperson of the communal People’s Committee and regulations of relevant laws.

3. A Cadastral - construction - urban and environment official of a ward or a township or a cadastral - agriculture - construction and environment official of a commune shall:

a) Act as an advisor for the communal People’s Committee to organize performance of tasks and entitlements of the People’s Committee, the Chairperson of the People’s Committee of the commune in fields of management of land, administrative boundaries, natural resources, environment, construction, urban areas, transport, agriculture and rural areas in the commune according to regulations of law;

b) Act as an advisor for the communal People’s Committee to develop and carry out sector and field, socio-economic development plannings and plans under the authority of the communal People’s Committee or of superior authorities that have approved them to be carried out in the commune;

c) Collect information, consolidate data, preserve dossiers and prepare reports relating to the authority to manage land, administrative boundaries, natural resources, environment, construction, urban areas, transport, agriculture and rural areas in the commune of the communal People’s Committee;

d) Act as an advisor for the communal People’s Committee to propose to the district-level People’s Committee a decision on land grant, land expropriation, issuance of land use right certificates for household businesses and individuals; make cadastral registers for legal land owners; instruct investigation procedures to confirm organizations, household businesses and individuals who register land and exercise civil rights related to land in the commune; cooperate with other officials in following administrative procedures for receiving dossiers and organizing investigations to confirm origins and status of registration and use of land, status of land disputes and changes in land in the commune;

dd) Act as an advisor for the communal People’s Committee to formulate dossiers on issuance of licences for renovation and construction of works and buildings in the commune in other that the Chairperson of the communal People’s Committee decides or submit them to the district-level People’s Committee for consideration and decision; perform the construction work and technical supervision in construction of local welfare works;

e) Take charge of works in the fields of land, administrative boundaries, natural resources, environment, construction, urban areas, transport, agriculture and rural areas at the One-stop shop and interconnected one-stop shop of the Government office according to the assignment of the Chairperson of the communal People’s Committee;

g) Perform other tasks according to the assignment of the Chairperson of the communal People’s Committee and regulations of relevant laws.

4. A finance and accounting official shall:

a) Act as an advisor for the communal People’s Committee to organize performance of tasks and entitlements of the communal People’s Committee in fields of finance and budget in the commune in accordance with law;

b) Act as an advisor for the communal People’s Committee to make estimates of commune-level budget revenues and expenditures and submit them to the communal People's Council for approval; organize implementation of budget revenue and expenditure estimates and measures to exploit revenue sources in the commune;

c) Organize financial and budgetary activities under the guidance of superior financial authorities; settle the commune budget and make financial and budget statements according to regulations of law;

d) Assist the communal People’s Committee in managing capital sources of basic construction investment projects and public assets of the commune; inspect and make statements on construction investment projects under management of the communal People’s Committee;

dd) Act as an advisor for the Chairperson of the communal People’s Committee to implement regulations and policies for commune-level officials and part-time officials;

e) Perform other tasks according to the assignment of the Chairperson of the communal People’s Committee and regulations of relevant laws.

5. A Justice - Civil status official shall:

a) Act as an advisor for the communal People’s Committee to organize performance of tasks and entitlements of the communal People’s Committee and the Chairperson of the communal People’s Committee in fields of justice and civil status in the commune in accordance with law;

b) Assist the communal People’s Committee in drafting and promulgating documents according to regulations of law; assist the communal People’s Committee in carrying out surveys on the People’s opinions about legislative documents according to plans of the communal People’s Committee and guidelines of superior authorities;

c) Assist the communal People’s Committee in carrying out legal dissemination and education, legal aid, judgment enforcement; monitoring law enforcement and carrying out surveys on the People’s opinions in the commune about participation in law-making; building a commune achieving legal accessibility standards; instructing the operation of grassroots mediation organizations; cooperating with village heads, neighborhood leaders in preliminarily reviewing and summarizing grassroots mediation work and reporting results to the communal People's Committee; managing law bookcases at the communal People's Committee; cooperating with socio-cultural officials in guiding residential communities of villages and neighborhoods to formulate and organize the implementation of village conventions;

d) Assist the communal People’s Committee in registering and managing civil status as prescribed by law;

dd) Take charge of affairs of civil status, notarization and authentication at the unit receiving and informing results of the communal People’s Committee;

e) Assist the communal People’s Committee in combating and controlling corruption and performing tasks relating to inspection;

g) Perform other tasks according to the assignment of the Chairperson of the communal People’s Committee and regulations of relevant laws.

6. A socio-cultural official shall:

a) Act as an advisor for the communal People’s Committee to organize performance of tasks and entitlements of the communal People’s Committee and the Chairperson of the communal People’s Committee in fields of culture, information, communications, physical training, sports, tourism, labor, war invalids, society, health, education, belief, religion, ethnicity, family, children and youth in accordance with law; act as an advisor for the communal People’s Committee in affairs relating to social insurance, health insurance, occupational safety and health; set targets for development of participants in social insurance and health insurance in annual socio-economic development plans and submit them to the People's Council at the same level for decision;

b) Assist the communal People’s Committee in organizing cultural, information, communication, physical training and sports activities; managing tourism, protecting historical and cultural relics in the commune, building a cultural life in the residential community and building a cultural family in the commune;

c) Provide statistics on population, employees and jobs in the commune; monitor, summarize and report the number and changes of labor policy beneficiaries and people with meritorious services; belief, religion, ethnicity, family, children and youth; make payments to beneficiaries of social policies and people with meritorious services; manage martyrs' cemeteries and martyrs' merit works; provide social protection, hunger eradication and poverty reduction programs and food safety work in the commune; report information and communication data;

d) Take charge and cooperate with judicial officials and heads of village and neighborhood leaders in guiding the residential community of villages and neighborhoods to formulate and organize the implementation of village conventions; cooperate with office administration/management - statistical officials in setting databases on population, employees and jobs and policy beneficiaries;

dd) Perform other tasks according to the assignment of the Chairperson of the communal People’s Committee and regulations of relevant laws.

7. On the basis of the standards of each title of commune-level officials prescribed in this Article, the district-level People’s Committees shall prescribe specific tasks of each title of commune-level officials in a manner that is satisfactory to characteristics and requirements for task performance of each commune level and ensures that officials are sent to all fields of work.

Section 3. Election of commune-level officials and recruitment of commune-level officials

Article 12. Election of commune-level officials

1. Election of commune-level officials to positions in the People's Councils, People’s Committees shall comply with regulations of Law on Election of Members of the National Assembly and Members of the People's Councils; Law on Organization of Local Government and relevant legislative documents.

2. Election of commune-level officials to positions in the organizations of the CPV and socio-political organizations of communes shall comply with regulations of the Communist Party’s Charter, charters of socio-political organizations and regulations of the CPV and socio-political organizations of the central Government.

Article 13. Recruitment of commune-level officials

Recruitment of commune-level officials shall comply with regulations in Decrees of the Government on recruitment, use and management of officials, including:

1. Bases for recruitment of commune-level officials.

2. Requirements for application for commune-level officials.

For commanding officers of Military Commands of communes, besides requirements for being applicants for commune-level officials in accordance with the regulations in this Clause, the standards prescribed in Article 7 and Clause 1 Article 10 of this Decree shall be applied.

3. Priority candidates and points in competitive examination or admission without examination of commune-level officials.

For Young intellectuals volunteering to participate in rural and mountainous development and part-time officials of communes having at least 24 months of working there and evaluated and classified as completing their tasks or more, 2,5 points will be added to their results of round 2.

4. Commune-level official recruitment council.

5. Forms, contents and time for competitive examination of commune-level officials.

For persons who are accredited according to regulations of the Government on accreditation of officials and participate in competitive examinations of commune-level officials, round 1 will be skipped according to regulations of the Government on recruitment, use and management of officials.

6. Determination of successful candidates in commune-level official recruitment examinations.

7. Applicants for admission without examination of commune-level officials.

For commanding officers of Military Commands of communes, the admission without examination of persons meeting standards shall comply with the regulations in Article 7 and Clause 1 Article 10 of this Decree and the appointment of this title shall comply with regulations of law on militia and self-defense forces.

8. Contents and forms for admission without examination of commune-level officials.

9. Determination of successful candidates in commune-level official admission without examination.

10. Notification of recruitment and receipt of commune-level official applications.

11. Procedures for recruitment of commune-level officials.

12. Notification of results of recruitment of commune-level officials.

13. Completion of dossiers on recruitment of commune-level officials.

14. Decision on recruitment and receipt of recruited commune-level officials.

15. Apprenticeship as commune-level officials.

a) Apprenticeship as commune-level officials: 12 months for recruited officials who have tertiary education degrees; 06 months for recruited officials who have lower degrees. The apprenticeship is not required for Commanding Officers of Communal Military Commands.

b) If recruited commune-level officials complete their apprenticeship according to the regulations of this Clause, the Chairpersons of the communal People’s Committees shall request the Chairpersons of the district-level People’s Committees to decide certification of completion of apprenticeship and pay step rearrangement of the recruited commune-level officials.

Article 14. Receipt of commune-level officials

1. Eligible entities:

a) Public employees working in public service providers;

b) Persons getting paid in the People's Armed Forces, persons working in cipher organizations as non-officials;

c) Persons who resign as commune-level officials (except for officials who are dismissed);

d) Persons who used to work as officials (including commune-level officials) then have been sent or rotated to hold other non-official positions at other agencies or organizations.

2. Standards and requirements for receipt; dossiers of persons who are requested to be received and inspection council upon receipt of recruited commune-level officials shall comply with regulations of the Government on recruitment, use and management of officials.

Article 15. Authority to recruit commune-level officials and receive the recruited persons

The Chairpersons of the district-level People’s Committees have the authority to recruit commune-level officials and receive the recruited persons.

Section 4. REGULATIONS ON WAGES, ALLOWANCES AND OTHER REGULATIONS AND POLICIES FOR COMMUNE-LEVEL OFFICIALS

Article 16. Pay step rearrangement for commune-level officials

1. Pay steps of commune-level officials who have professional education degrees according to standards of professional qualifications prescribed in this Decree shall be rearranged as the same levels with administrative officials who have the same professional education degrees prescribed in the payroll of officials in regulatory agencies enclosed with the Decree of the Government on regulations on wages for officials, public employees and armed forces.

Education degrees shall comply with regulations of the Ministry of Education and Training and of agencies and organizations having authority to issue such degrees.

2. During the working period, commune-level officials adapting their educational qualifications for their current positions shall have the authority to request the Chairpersons of the district-level People’s Committees to rearrange their pay steps according to the new educational qualifications from the day on which education degrees are issued.

3. If the recruited commune official has been paying social insurance and has not claimed the one-off social insurance payout, the working period over which social insurance has been paid is also considered for salary determination (excluding apprenticeship and probation). The working period with intermittent social insurance payment can be accumulated.

The commune-level officials prescribed in Clause 1 Article 16 of this Decree shall raise salaries frequently and ahead of schedule; extend pay raise time according to regulations of the Government on salaries for officials, public employees and armed forces.

Article 18. Extra-seniority allowance

The commune-level officials prescribed in Clause 1 Article 16 of this Decree shall raise salaries frequently and ahead of schedule; extend pay raise time according to regulations of the Government on salaries for officials, public employees and armed forces.

Article 19. Leader allowance for commune-level officials

The commune-level officials prescribed in Clause 1 Article 16 hereof shall be entitled to leader allowances which are added to the statutory pay rate as follows:

1. Secretaries of the Communist Party Committees: 0,30.

2. Deputy Secretary of the Communist Party Committee, Chairperson of the People's Council; Chairperson of the People’s Committee: 0,25.

3. Chairperson of Vietnam Fatherland Front Central Committee and Vice Chairperson of the People's Council; Vice Chairperson of the People’s Committee: 0,20.

4. Secretary of Ho Chi Minh Communist Youth Union, Chairperson of Vietnam Women’s Union, Chairperson of Vietnam Farmer’s Union, Chairperson of Vietnam War Veteran Association: 0,15.

Article 20. Multi-position allowance

1. If a commune-level official can concurrently hold the position of another commune-level official assigned by the district-level People’s Committee according to regulations in Clause 5 Article 6 of this Decree, he/she will receive a multi-position allowance equal to 50% of the step 1 salary, plus leadership allowance (if any) of the position that he/she concurrently holds; the multi-position allowance is not used to calculate the amounts of social insurance and health insurance to be paid or received.

If a person concurrently holds multiple positions or titles (even if he/she is concurrently holding the positions of both the CPV secretary and the Chairperson of the People’s Committee or the Chairperson of the People's Council), he/she is only entitled to the allowance of the highest position or title; and the district-level People’s Committee shall decide which positions or titles are eligible for multi-position allowance.

2. If a commune-level official concurrently holds the position of a part-time official of the commune or neighborhood, he/she shall receive a multi-position allowance equal to 100% of the prescribed allowance of the position that he/she concurrently holds.

Article 21. Social insurance and health insurance regimes

Social insurance and health insurance regimes for commune-level officials shall comply with regulations of law on social insurance and health insurance.

Article 22. Training and retraining regimes

Training and retraining regimes for commune-level officials shall comply with regulations of the Government on training and retraining for officials and public employees and regulations of the CPV and socio-political organizations at the central level.

Section 5. Appointment, reassignment and receipt of commune-level officials

Section 23. Appointment, reassignment and receipt of commune-level officials from some communes, wards and townships to others

1. Regarding Office administration/management - statistical officials, Cadastral - construction - urban and environment officials (for wards and townships) or Cadastral - agriculture - construction and environment officials (for communes), Finance - accounting officials; Judicial - civil status officials, Socio-cultural officials:

a) The Chairperson of the district-level People’s Committee shall decide the appointment of commune-level officials from a commune/ ward/ township to another in the same second-level administrative subdivision;

b) The Chairperson of the district-level People’s Committee shall decide the reassignment and receipt of commune-level officials from a commune/ ward/ township of the district to that of another district after there is a consensus in writing of the Director of the Department of Home Affairs;

c) The Chairperson of the district-level People’s Committee shall decide the reassignment of commune-level officials to another province and receipt of commune-level officials from another province after there is a consensus in writing of the Director of the Department of Home Affairs of the province where the officials are received and the Director of the Department of Home Affairs of the province where the officials are reassigned.

2. Regarding Commanding Officers of Military Commands of communes shall:

The appointment, reassignment and receipt of Commanding Officers of Military Commands of communes shall comply with the specific requirements and tasks. The Chairpersons of the district-level People’s Committees shall decide the appointment, reassignment and receipt of Commanding Officers of Military Commands of communes shall comply with the hierarchy of management of the districts.

3. Commune-level officials who are appointed, reassigned and received to work in communes with extremely disadvantaged socio-economic conditions shall be entitled to preferential mechanisms and policies according to regulations of law.

Section 6. Evaluation and ranking of the quality of commune-level officials

Article 24. Evaluation and ranking of the quality of commune-level officials

Commune-level officials (except for commanding officers of communal Military Commands) shall carry out evaluation and ranking according to regulations of the Law on Officials, regulations of the Government on evaluation and ranking of the quality of officials and public employees, regulations of relevant laws, organizational charters and regulations of the CPV and socio-political organizations at the central level.

Article 25. Procedures for evaluation and ranking of commanding officers of communal Military Commands

1. Officials shall evaluate and rank working results by themselves according to assigned responsibilities and tasks.

2. Officials of communal Military Commands and officials of the communal People’s Committees shall participate in meetings to give their opinions. Their opinions shall be recorded and passed in the meetings.

3. The Chairpersons of the Communal People’s Committees shall evaluate and rank Commanding Officers of communal Military Commands and send notifications to such officers after asking opinions in writing of Commanding Officers of district-level Military Commands.

Section 7. DISMISSAL OF, DISCHARGE FROM AND RESIGNATION AS COMMUNE-LEVEL SENIOR OFFICIALS; SEVERANCE OF COMMUNE-LEVEL OFFICIALS AND RETIREMENT AS COMMUNE-LEVEL OFFICIALS

Article 26. Dismissal of and discharge from commune-level senior officials

The dismissal of and discharge from commune-level senior officials shall comply with applicable regulations of the Law on Officials, the Law on Organization of Local Government, the Law on Election of Members of the National Assembly and Members of the People's Councils and other regulations of relevant laws, organizational charters and regulations of the CPV and socio-political organizations at the central level.

Article 27. Resignation as commune-level senior officials and severance of commune-level officials

1. Commune-level officials who resign their positions (except for officials who are reassigned and officials who are disciplined according to regulations of laws on officials) shall be eligible for resignation benefits (for commune-level senior officials) and severance allowances (for commune-level officials) which are calculated according to regulations of the Government on severance allowances for officials.

2. Commanding officers of communal Military Commands shall be granted severance pay within 30 days from the dates on which disciplinary decisions come into force if they are dismissed and are not reassigned to other positions of commune-level officials. Besides severance pay in accordance with the regulations in Clause 1 of this Article, Commanding Officers of communal Military Commands shall also be granted other severance pay in accordance with regulations of law on militia and self-defense forces.

3. Funding for paying resignation benefits to commune-level senior officials and severance allowances to commune-level officials shall be allocated in operating expense estimates of the communal People’s Committees annually funded by competent authorities.

Article 28. Retirement as commune-level officials

1. The retirement of commune-level officials shall comply with regulations of labor laws and regulations of the CPV and of social-political organizations at the central level.

2. Authorities competent to manage commune-level officials must notify in writing of retirement time 06 months before the dates on which commune-level officials retire; and promulgate retirement decisions 03 months before the dates on which commune-level officials retire.

Article 8. disciplining, commending and rewarding commune-level officials

Article 29. Disciplining commune-level officials

Commune-level officials shall be disciplined according to regulations of the Government on taking disciplinary actions against officials and public employees.

If otherwise prescribed by laws and charters of the CPV and socio-political organizations, the regulations of the laws and charters shall be applied;

Article 30. Commending and rewarding commune-level officials

Commune-level officials shall be commended and rewarded according to regulations of law on emulation, commendation and reward, organizational charters and regulations of the CPV and social-political organizations at the central level.

Section 9. Managing commune-level officials

Article 31. Contents of management of commune-level officials

1. Promulgating and organizing implementation of legislative documents, charters and regulations on commune-level officials.

2. Formulating plans and plannings for commune-level officials.

3. Prescribing positions, titles, standards and tasks of commune-level officials.

4. Specifying the number of commune-level officials; recruiting, using, managing, organizing training courses, refresher training courses and apprenticeships, providing for resignation, severance, retirement, evaluating and ranking quality of commune-level officials.

5. Implementing regulations on commendation, reward and discipline, regulations on salaries and other regulations and policies for commune-level officials.

6. Complying with regulations on report on statistics on and management of documents on commune-level officials.

7. Inspecting agencies, organizations and officials in implementing regulations of law on commune-level officials.

8. Settling complaints and denunciations of commune-level officials.

9. Other works related to the management of commune-level officials.

Article 32. Authority to manage commune-level officials

1. The Ministry of Home Affairs shall:

a) Propose to the Government and the Prime Minister promulgation of regulations on commune-level officials;

b) Provide guidance on implementation of legislative documents of the Government and the Prime Minister on commune-level officials;

c) Inspect the People’s Committees at all levels and officials in the implementation of regulations of law on commune-level officials;

d) Provide statistics and consolidated documents on quantity and quality of commune-level officials nationwide.

2. The Provincial People’s Committees shall:

a) Propose to the People's Councils at the same level decision on the quantity of commune-level officials for each second-level administrative subdivision according to the regulations in Clause 4 Article 6 of this Decree;

b) Promulgate Regulations on organizing recruitment of commune-level officials; instruct and inspect the annual evaluation and ranking of quality of commune-level officials of the district-level People’s Committees.

c) Prescribe specific standards of each position of commune-level senior officials and each title of commune-level officials according regulations in Article 8 and Article 10 hereof;

d) Prescribe disciplines according to requirements and tasks of each title of commune-level officials;

dd) Inspect the organization of implementing regulations and policies for commune-level officials;

e) Direct, instruct and inspect the recruitment, preparation of plans and plannings for developing commune-level officials; gradually implement standardization to improve quality of commune-level officials;

g) Annually, direct formulation of plans, programs and documents for training commune-level officials;

h) Direct the settlement of complaints and denunciations of commune-level officials;

i) Promulgate regulations on hierarchy of management of commune-level officials;

k) Consolidate statistics and reports on the quantity and quality of commune-level officials in their provinces;

l) Instruct and inspect the use of sources of funding to implement regulations and policies according to regulations of the Government and according to Resolutions of the People's Councils at the same level for commune-level officials;

m) Provide instructions on preparation and management of profiles of commune-level officials.

3. The district-level People’s Committees shall:

a) Formulate plans and plannings for developing commune-level officials;

b) Decide the specific quantity of officials in third-level administrative subdivision and arrange the quantity of officials of each title of commune-level officials according to the regulations in Clause 5 Article 6 of this Decree;

c) Organize recruitment of commune-level officials according to regulations of this Decree and the Regulation on recruitment of officials of the Provincial People’s Committees; decide receipt, appointment, reassignment and management of commune-level officials according to regulations herein and according to hierarchy of management of officials of the provincial People’s Committees; accept resignation of commune-level senior officials, severance of commune-level officials and retirement as commune-level officials as prescribed by law;

d) Prescribe specific tasks of each position of commune-level senior officials and each title of commune-level officials according regulations in Article 9 and Article 11 hereof;

dd) Organize implementation of regulations on salaries and other regulations and policies for commune-level officials;

e) Decide which titles are eligible for multi-position allowance as prescribed in Clause 1 Article 20 hereof;

g) Organize training and refresher training courses for commune-level officials according to instructions and authorization of the Provincial People’s Committees;

h) Decide to commend, reward or discipline commune-level officials according to hierarchy of management of officials of the Provincial People’s Committees;

i) Inspect and evaluate the implementation of regulations on commune-level officials;

k) Settle complaints and denunciations of commune-level officials according to regulations of law;

l) Consolidate statistics and reports on the quantity and quality of commune-level officials in their districts;

m) Instruct and inspect the annual evaluation and ranking of quality of commune-level officials of the communal People’s Committees; inspect the implementation of regulations and policies for commune-level officials;

n) Provide instructions on preparation and management of profiles of commune-level officials to the communal People’s Committees.

4. The communal People’s Committees shall:

a) Directly manage and use commune-level officials; annually evaluate and rank quality of commune-level officials;

b) Implement training regulations, policies and plans; carry out planning and create human resources of commune-level officials;

c) Propose consideration and decision on which titles are eligible for multi-position allowance as prescribed in Clause 1 Article 20 hereof to the district-level People’s Committees;

d) Propose commendation and reward of commune-level officials according to hierarchy of management of officials in communes to competent agencies and organizations in their districts;

dd) Propose taking disciplinary actions against commune-level officials to competent agencies and organizations in their districts;

e) Settle complaints and denunciations of commune-level officials according to regulations of law;

g) Provide statistics and reports on the quantity and quality of commune-level officials;

h) Prepare and manage profiles of commune-level officials.

Chapter III

PART-TIME OFFICIALS OF COMMUNES AND NEIGHBORHOODS

Article 33. Quantity of part-time officials of communes and neighborhoods

1. The number of part-time officials of communes shall be calculated according to classes of third-level administrative subdivisions: Class-I: 14 persons; Class-II: 12 persons; Class-III: 10 persons.

2. The provincial People’s Committees shall, based on the number of third-level administrative subdivisions where population sizes and natural areas are higher than the standard sizes prescribed in the Resolution of the Standing Committee of National Assembly on standards of administrative divisions and classification of administrative divisions, calculate the increasing number of part-time officials of communes as follows:

a) If the population of every ward of an urban district increases by one-third (1/3) of the prescribed population size, 01 more official may be newly recruited. If the population of any of the remaining third-level administrative subdivisions increases by every one-second (1/2) of the prescribed population size, 01 more part-time official may be newly recruited;

b) In addition to increase in the number of part-time officials according to the population size prescribed in Point a of this Clause, if the population of any of the third-level administrative subdivisions increases by every one hundred percent (100%) of the prescribed natural area, 01 more part-time official may be newly recruited.

3. The population size (including permanent resident population and temporary resident population converted) and natural area calculated til December 31 of every year to determine the number of commune-level part-time officials prescribed in Clause 2 of this Article shall comply with the Resolution of the Standing Committee of National Assembly on standards of administrative divisions and classification of administrative divisions.

In case, in third-level administrative subdivisions, on and by December 31 of every year, there is a change in the population size and natural area prescribed in Clause 2 of this Article, or there is a change in levels of administrative divisions, the provincial People’s Committees shall propose to the People's Councils at the same levels consideration for adjustment to the total number of commune-level part-time officials (including first-level administrative subdivisions) to be in accordance with regulations.

4. Annually, the provincial People’s Committees shall propose to the People's Councils at the same levels decision on the number of commune-level part-time officials for each second-level administrative subdivision under their management in accordance with realistic demands, but it must be ensured that the total commune-level part-time officials of second-level administrative subdivisions shall not exceed the total commune-level part-time officials of first-level administrative subdivisions according to the regulations in Clauses 1 and 2 of this Article.

5. Annually, the provincial People’s Committees shall decide the specific number of part-time officials at each third-level administrative subdivision and arrange the number of commune-level part-time officials under their management according to requirements and tasks of each third-level administrative subdivision. The number of part-time officials of each third-level administrative subdivision may be less than that of class-III third-level administrative subdivisions or more than that of class-I third-level administrative subdivisions prescribed in Clause 1 of this Article, but must not exceed the total commune-level part-time officials of its second-level administrative subdivision assigned by the People's Council.

6. A part-time official of a neighborhood holding 03 titles at the maximum (including Cell Secretary, village head or neighborhood leader, head of Front Work Department) shall be entitled to monthly allowances. If otherwise is prescribed by laws, regulations of such laws shall be applied.

Officials holding the title of Cell Secretaries are encouraged to concurrently hold the title of village heads, neighborhood leaders or heads of Front Work Departments of villages or neighborhoods.

7. Persons who directly participate in activities of villages and neighborhoods, apart from the 03 titles prescribed in Clause 6 of this Article, shall be entitled to monthly supports.

8. Part-time officials of communes and neighborhoods may concurrently hold positions of other part-time officials of communes and neighborhoods; part-time officials of neighborhoods may concurrently hold positions of persons directly participating in activities of neighborhoods.

Article 34. Allowances for part-time officials of communes and neighborhoods

1. Part-time officials of communes shall be entitled to allowances. Central government budgets allocated for monthly paying allowances (including supports of social insurance and health insurance premiums) to part-time officials of communes are as follows:

a) Class I third-level administrative subdivisions are entitled to an allowance equal to 21,0 times of the statutory pay rate;

b) Class II third-level administrative subdivisions are entitled to an allowance equal to 18,0 times of the statutory pay rate;

c) Class III third-level administrative subdivisions are entitled to an allowance equal to 15,0 times of the statutory pay rate.

For third-level administrative subdivisions in which the number of commune-level part-time officials increases in accordance with the regulations in Clause 2 Article 33 of this Decree, the total pay rate of allowances may increase by 1,5 times of the statutory pay rate for each part-time official who is newly recruited.

2. Allowances shall be paid for part-time officials of neighborhoods at the fixed rate. Central government budgets allocated for monthly paying allowances to part-time officials of neighborhoods are as follows:

a) For villages with at least 350 households; neighborhoods with at least 500 households; villages and neighborhoods of key third-level administrative subdivisions where security and order are difficult to control according to competent authorities’ decisions; villages and neighborhoods of third-level administrative subdivisions in border regions and islands, allowances shall be paid at the fixed rate, equal to 6,0 times of the statutory pay rate. If villages with at least 350 households are developed into neighborhoods due to establishment of third-tier urban areas, allowances shall be paid at the fixed rate, equal to 6,0 times of the statutory pay rate;

b) For villages and neighborhoods that are not prescribed in point a Clause 2 of this Article, allowances shall be paid at the fixed rate, equal to 4,5 times of the statutory pay rate;

c) If second-level administrative subdivisions do not organize third-level administrative subdivisions, villages and neighborhoods prescribed in Points a and b of this Clause shall be determined according to such second-level administrative subdivisions.

3. On the basis of fixed allowances granted to communes, villages and neighborhoods by central government budget prescribed in Clauses 1 and 2 of this Article; funding for reform of local wage policies; regulations of relevant laws and characteristics of communes, villages and neighborhoods, the People’s Committees of provinces shall propose to the People's Councils at the same level provision of specific regulations on the following contents:

a) Titles of part-time officials of communes;

b) The plurality of titles of part-time officials of communes and neighborhoods, and regulations on part-time officials of neighborhoods concurrently holding positions of persons directly participating in activities of neighborhoods.

c) Allowance of each title of part-time officials of communes and neighborhoods appropriate to the grade-1 salary of commune-level officials who have the same professional qualifications to encourage part-time officials of communes and neighborhoods to study and improve their professional qualifications; specific regulations on the fixed rate of operating expenses of socio-political organizations of communes; monthly supports and multi-position allowances for persons directly participating in activities of villages and neighborhoods suitable for the current situation of their villages and neighborhoods.

4. If an official part-time official of a commune or neighborhood concurrently holds the position of another part-time official of the commune or neighborhood, he/she shall receive a multi-position allowance equal to 100% of the prescribed allowance of the position that he/she concurrently holds.

5. The People’s Committees of provinces shall propose to the People's Councils at the same level provision of specific regulations on the contents in Point c Clause 3 of this Article without permission of Ministries and central authorities.

Article 35. Regulations on training, refresher training, social insurance and health insurance for part-time officials of communes and neighborhoods and persons who directly participate in activities of villages and neighborhoods

1. Part-time officials of communes and neighborhoods and persons who directly participate in activities of villages and neighborhoods shall join in training and refresher training courses on knowledge to satisfy requirements for their concurrently assigned tasks; when they are assigned to participate in training and refresher training courses, they are entitled to benefits as prescribed by law.

2. Part-time officials of communes shall comply with regulations on compulsory social insurance and health insurance according to law on social insurance and health insurance.

Article 36. Standards, tasks, election, selection, receipt, use, management, evaluation, ranking, commendation, discipline and dismissal, discharge, resignation for part-time officials of communes

1. Standards

a) Persons who are Vietnamese citizens aged 18 or higher; have enough civil act capacity and good health to perform assigned tasks;

b) Persons who have good political and moral qualities; exemplarily observe the guidelines and lines of the CPV, policies and laws of the State; be capable of organizing the implementation and mobilizing the people of communes to effectively implement the guidelines and lines of the CPV, policies and laws of the State;

c) Persons who do not face criminal prosecution, imprisonment, community sentence, surveillance, or are being forced to deal with measures for education in communes; are sent to treatment facilities and educational institutions;

d) Education level: persons who have graduated from high schools;

dd) Professional qualifications: persons who have graduated from intermediate schools or higher.

2. Tasks of part-time officials of communes

Part-time officials of communes shall perform tasks according to regulations in organizational charters to which they are signatories, regulations of relevant laws and of authorities having the power to manage; cooperate with commune-level officials in performing assigned tasks and ensuring that there are enough persons performing and monitoring tasks of task-related fields of executive committees of the CPV and local government of communes;

3. Election and selection of part-time officials of communes

a) The elected titles shall comply with organizational charters to which part-time officials of communes are signatories, regulations of relevant laws and regulations of authorities having power to manage.

b) The selection of titles of part-time officials of communes, apart from regulations in point a of this Clause, shall comply with regulations on admission without examination.

As for the title of assistants to Commanding Officers of Military Commands of communes, regulations of relevant military laws shall be applied.

4. Evaluation and ranking of part-time officials of communes

a) The elected titles shall comply with organizational charters to which part-time officials of communes are signatories and regulations of authorities having power to manage.

b) Part-time officials of communes acting as assistants to the local government of communes shall be evaluated and ranked by the Presidents of the People’s Committees of communes.

c) As for the title of part-time officials of communes acting as assistants to Commanding Officers of Military Commands of communes, regulations of relevant military laws shall be applied.

d) Contents, formats and procedures for evaluation and ranking for part-time officials of communes shall be similar to those for commune-level officials prescribed herein.

5. Commendation and reward for part-time officials of communes

Part-time officials of communes who achieve succeeds in performing tasks shall be commended and rewarded according to regulations of law on emulation and commendation.

6. Penalty for part-time officials of communes

a) The elected titles shall be penalized in accordance with organizational charters to which part-time officials of communes are signatories and regulations of authorities having power to manage.

b) Presidents of the People’s Committees of communes have the power to consider and decide penalties for part-time officials of communes who act as assistants to the local government of communes.

c) As for the title of part-time officials of communes acting as assistants to Commanding Officers of Military Commands of communes, regulations of relevant military laws shall be applied.

d) Disciplinary actions, forms of disciplinary actions and disciplinary procedures imposed on part-time officials of communes shall be similar to those for officials prescribed herein.

Salaries of officials shall not be reduced even if they are penalized.

7. Dismissal of, discharge from and resignation as part-time officials of communes

Part-time officials of communes who are dismissed, discharged and resigned shall be entitled to benefits and policies as prescribed by relevant laws and regulations of organizational charters to which they are signatories;

8. The People’s Committees of provinces shall, based on the regulations in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article, regulations of organizational charters to which part-time officials of communes are signatories, regulations of relevant laws, provide specific regulations on management and use of titles of part-time officials of communes in a manner suitable for the current situation of each province.

9. The People’s Committees of districts shall, based on the tasks prescribed in Clause 2 of this Article, regulations of the People’s Committees of provinces on management and use of part-time officials of communes of provinces and based on titles of part-time officials of communes prescribed in point a Clause 3 Article 34 of this Decree, provide specific regulations on tasks of titles of part-time officials of communes in a manner that suits requirements for performing tasks of communes.

Chapter IV

IMPLEMENTATION CLAUSES

Article 37. Effect

1. This Decree comes into force from August 01, 2023.

2. Decree No. 114/2003/ND-CP dated October 10, 2003; Decree No. 112/2011/ND-CP dated December 05, 2011; Decree No. 92/2009/ND-CP dated October 22, 2009; Decree No. 34/2019/ND-CP dated April 24, 2019 shall be annulled.

3. In places where the model of urban area government is made according to Resolutions of National Assembly and regulations of the Government, other regulations (if any) and regulations herein, regulations of Resolutions of National Assembly and regulations of the Government shall be applied.

4. Regulations and policies herein applied to Secretaries and Deputy Secretaries for Party cells (at which Communist Party Committees of communes are not established) shall be similar to those applied to Secretaries and Deputy Secretaries for Communist Party Committees of communes; Regulations and policies herein applied to Standing Communist Party Committees of communes (at which Deputy Secretaries responsible for the CPV work) shall be similar to those applied to Deputy Secretaries for Communist Party Committees for communes.

Article 38. Transitional regulations

1. Commune-level senior officials who are holding the elected positions prescribed in Clause 1 Article 5 and fail to meet standards prescribed in Article 8; commune-level officials who are holding the titles prescribed in Clause 2 of Article 5 and fail to fully meet standards prescribed in Article 10 and part-time officials of communes prescribed in Point a Clause 3 of Article 34 and fail to meet standards prescribed in Clause 1 Article 36 herein, within 05 years from the date on which this Decree comes into force, all standards must be met as prescribed. If the standards are not fully met according to regulations after 5 years, retirement benefits (if eligible) or downsizing policies shall be applied according to regulations of the Government.

2. During the working period, if commune-level officials have changes in professional qualifications to appropriate to their designated positions and titles, have granted graduate degrees and have not yet rearranged in accordance with their newly professional qualifications before the date on which this Decree comes into force, their salaries shall be rearranged according to their newly professional qualifications from the date on which this Decree comes into force.

3. If officials working in agencies, organizations and units of districts or higher are appointed, rotated and seconded to hold positions and titles of commune-level officials, the salary determination, raise of salaries and extra-seniority allowances shall be applied according to regulations of the Government on salaries for officials, public employees and armed forces.

4. Commune-level senior officials who are being granted retirement pensions or loss of earning capacity benefits (LOEC benefit), in addition to current pensions or LOEC benefits monthly granted, their salaries and responsibility allowances shall be paid according to regulations herein and social insurance and health insurance coverage are provided.

5. Commune-level officials who are enjoying benefits for injured and sick soldiers at all grades and are not eligible for pensions or LOEC benefits, in addition to benefits for injured and sick soldiers monthly provided, their salaries and responsibility allowances shall be paid according to regulations herein.

6. Commune-level officials who have retired due to old age according to Decision No. 130/CP dated June 30, 1975 of the Government Council and Decision No. 111/HDBT dated October 13, 1981 of the cabinet council (the Government) shall have their monthly allowances adjusted when the state adjusts the statutory pay rate; shall be eligible for transferring their allowances to new legal residences; Upon death, persons in charge of the funeral shall receive a funeral fee equal to 10 times of the statutory pay rate.

If commune-level officials who have retired due to old age are suspended from enjoying monthly allowances while serving their sentences of imprisonment, applications enclosed with copies of certificates of completion of prison sentences shall be submitted to the District-level People's Committees for consideration and settlement in order to continue enjoying monthly allowances.

7. If a commune-level senior official who has a period of holding a title of the People’s Committee according to regulations in Clause 5 Article 3 of Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government which amends Decree No. 50/CP dated July 26, 1995 of the Government (has not yet received a lump-sum allowance, this period shall be determined as the period in which the social insurance is paid to enjoy social insurance benefits.

If the official holds another title of the People’s Committee and has not paid the social insurance for such title, his/her unpaid social insurance premiums shall be paid to be the basis for calculation of the social insurance benefits.   

8. If a commune-level senior official who has paid social insurance for a period as prescribed in Decree No. 09/1998/ND-CP but has not yet received a lump-sum allowance, the working period in which he/she has paid the social insurance shall be considered as the period for enjoying social insurance benefits or shall be added to the period in which he/she participates in voluntary social insurance and compulsory social insurance in order to calculate social insurance benefits according to regulations of law on social insurance.

If the commune-level senior official has received monthly allowances or lump-sum allowance before the date on which this Decree comes into force, this Decree shall not be applied to resettle.

9. A person who has a period of working as a commune-level official before January 01, 1998, within this working period, if he/she holds a title prescribed in Decree No. 09/1998/ND-CP and is appointed or recruited to serve in the People's Army, People's Public Security or to work in a State agency, unit, enterprise, political organization or socio-political organization, this working period shall be considered as the period in which he/she has paid social insurance if he/she is not granted monthly allowances or a lump-sum allowance.

10. If third-level administrative subdivisions are arranged according to Resolutions of the Standing Committee of National Assembly, the quantity and rearrangement and settlement of benefits and policies for commune-level officials and part-time officials of communes and neighborhoods shall comply with regulations of competent authorities.

Article 39. Funding for benefits and policies for commune-level officials, part-time officials of communes and neighborhoods and persons who directly participate in activities of villages and neighborhoods

1. Funding for benefits and policies for commune-level officials, part-time officials of communes and neighborhoods and persons who directly participate in activities of villages and neighborhoods; commune-level senior officials who have retired due to old age according to regulations in Clause 6 Article 38 of this Decree, shall be provided by state budget in accordance with the current government budget hierarchy.

2. Social insurance funds for covering benefits shall comply with regulations of law on social insurance for commune-level officials and part-time officials of communes.

Article 40. Responsibility for implementation

1. The People’s Committees of provinces shall propose to the People's Councils at the same level provision of funding for benefits and policies according to regulations herein.

2. Vietnam Social Security shall instruct and inspect the provision of social insurance benefits for commune-level officials of Social Insurance Agencies of provinces and districts according to regulations herein.

3. Ministries and ministerial agencies shall review regulations of law on commune-level officials and part-time officials of communes and neighborhoods under their management in compliance with regulations herein.

4. People’s Committees of provinces shall provide instructions on multiple positions to ensure that work-related fields are staffed; provide, instruct, inspect the use of funding for benefits and policies for commune-level officials and part-time officials of communes, neighborhoods and persons who directly participate in activities of villages and neighborhoods according to regulations herein.

5. People’s Committees of district shall instruct and inspect the provision of benefits and policies for commune-level officials, part-time officials of communes, neighborhoods and persons who directly participate in activities of villages and neighborhoods according to regulations of the People’s Committees of provinces and according to regulations herein.

6. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, relevant agencies, organizations and individuals are responsible for implementation of this Decree./.