Chương III 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: Người hoạt động không chuyên trách ở cấp xã, ở thôn, tổ dân phố

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.