Chương IVNghị 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: Điều khoản thi hành

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./.