New regulation on officials and civil servants at the commune level

06/07/2023 03:50 PM


The government has recently issued Decree 33/2023/ND-CP on June 10, 2023, which regulates officials and civil servants at the commune level and non-professional personnel at the commune level, in hamlets and residential clusters.

This decree provides regulations on positions, titles, quantity, criteria, duties, regimes, policies; elections, recruitment, utilization, and management of officials and civil servants at the commune, ward, and town level (following referred as the commune level), as well as non-professional personnel at the commune level, in hamlets and residential clusters.

Many changes have been made to officials and civil servants at the commune level following the effectiveness of Decree 33/ND-CP (Illustrative image)

At the commune level, there are six official titles for civil servants.

According to the Decree, commune-level officials hold the following positions: Secretary, Deputy Secretary of the Party Committee; Chairman, Vice Chairman of the People's Council; Chairman, Vice Chairman of the People's Committee; Chairman of the Vietnam Fatherland Front Committee; Secretary of the Ho Chi Minh Communist Youth Union; Chairwoman of the Vietnam Women's Union; Chairman of the Vietnam Farmers' Union (applicable to communes and wards with agricultural, forestry, fishery, and handicraft activities and having the organization of the Vietnam Farmers' Union); Chairman of the Vietnam Veterans' Association.

Commune-level civil servants hold the following titles: 1- Chief of the Military Command; 2- Administration - Statistics; 3- Land Management - Construction - Urban and Environmental Affairs (for wards and towns) or Land Management - Agriculture - Construction and Environmental Affairs (for communes); 4- Finance - Accounting; 5- Justice - Civil Status; 6- Culture - Social Affairs.

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The number of officials and civil servants at the commune level

The decree stipulates that the number of officials and civil servants at the commune level is calculated based on the type of administrative unit at the commune level, specifically as follows:

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

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

The Standing Committee of the National Assembly regulates the standards of administrative units and the classification of administrative units to determine the additional number of civil servants at the commune level as follows:

a) Wards in districts shall increase by one civil servant when the population scale reaches one-third of the prescribed level. Other administrative units at the commune level shall increase by one civil servant when the population scale reaches one-half of the prescribed level.

b) In addition to the increase in civil servants based on the prescribed population scale in point a above, administrative units at the commune level shall increase by one civil servant when the natural area scale reaches 100% of the prescribed level.

Allowances for leadership positions at the commune level

Officials at the commune level receive allowances for leadership positions compared to the base salary as follows:

Secretary of the Party Committee: 0.30.

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

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

Secretary of the Ho Chi Minh Communist Youth Union, Chairwoman of the Vietnam Women's Union, Chairman of the Vietnam Farmers' Union, Chairman of the Vietnam Veterans' Association: 0.15.

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Officials and civil servants at the commune level can hold additional positions and titles different from their current positions. If they are able to reduce the number of officials and civil servants at the commune level by one, as assigned by the district-level People's Committee, they will receive 50% of the salary (grade 1), plus the allowance for their additional leadership position (if applicable) and the allowance for their additional position, which will not be used to calculate social insurance and health insurance benefits.

In cases where officials and civil servants hold multiple positions and titles (including the case of the Party Secretary simultaneously serving as Chairman of the People's Committee, or the Party Secretary simultaneously serving as Chairman of the People's Council), they will only receive the highest allowance for their additional position. The district-level People's Committee determines the allowances for additional positions in cases where the number of additional positions is greater than the reduced number of officials and civil servants at the commune level as specified.

If officials and civil servants at the commune level perform the duties of non-professional personnel at the commune, in hamlets or residential clusters, they will receive a 100% allowance based on the prescribed allowance for the additional position.

Number of non-professional personnel at the commune level

The decree also stipulates the number of non-professional personnel at the commune level, which is calculated based on the type of administrative unit at the commune level, specifically as follows: Type I is 14 people; Type II is 12 people; Type III is 10 people.

The provincial People's Committee determines the additional number of non-professional personnel at the commune level based on the number of administrative units at the commune level with a larger population scale and natural area than the standards specified in the resolution of the Standing Committee of the National Assembly regarding the standards of administrative units and the classification of administrative units. The additional number is determined as follows:

For wards in districts, one non-professional personnel is added when the population scale reaches one-third of the prescribed level. For other administrative units at the commune level, one non-professional personnel is added when the population scale reaches one-half of the prescribed level.

In addition to the increase in non-professional personnel based on the prescribed population scale, one non-professional personnel is added for each administrative unit at the commune level when the natural area scale reaches 100% of the prescribed level.

The regime for allowances for non-professional personnel at the commune level

Non-professional personnel at the commune level are entitled to allowances. The central budget implements a lump-sum allowance fund, which includes social insurance and health insurance contributions, to be paid monthly to non-professional personnel at the commune level as follows:

Type I administrative units at the commune level receive a lump-sum allowance equal to 21.0 times the base salary.

Type II administrative units at the commune level receive a lump-sum allowance equal to 18.0 times the base salary.

Type III administrative units at the commune level receive a lump-sum allowance equal to 15.0 times the base salary.

For administrative units at the commune level with an additional number of non-professional personnel, the total lump-sum allowance is increased by an additional 1.5 times the base salary per additional non-professional personnel.

The lump-sum allowance is also implemented for non-professional personnel in hamlets and residential clusters. The central budget provides a lump-sum allowance fund to be paid monthly to non-professional personnel in each hamlet and residential cluster as follows:

a) For hamlets with 350 or more households, residential clusters with 500 or more households, key administrative units at the commune level, and complex in terms of security and order according to the decision of the competent authority, as well as hamlets and residential clusters in border areas and islands, receive a lump-sum allowance of 6.0 times the base salary. If a hamlet with 350 or more households becomes a residential cluster due to the establishment of an urban administrative unit at the commune level, the lump-sum allowance of 6.0 times the base salary is maintained.

b) Hamlets and residential clusters that do not fall under the provisions mentioned in point a) above receive a lump-sum allowance of 4.5 times the base salary.

c) In cases where the district-level administrative unit does not establish an administrative unit at the commune level, the hamlets and residential clusters specified in points a) and b) above are determined according to the administrative unit at the district level.

This decree comes into effect from August 1, 2023./.

VSS