From July 01, 2024, which officials will still retain their seniority allowance when implementing wage reform?
Which officials will continue to receive seniority allowances from July 1, 2024, during the implementation of the salary reform?
According to Resolution No. 27-NQ/TW 2018, it discusses the abolition of seniority allowances, except for military, police, and cryptographic personnel to ensure salary correlation with officials.
However, there is one category of officials that will still continue to receive seniority allowances, which is the Commander of the Commune-level Military Command.
Currently, the Commander of the Commune-level Military Command enjoys the following allowances under Decree No. 72/2020/ND-CP:
- The positional allowance for the Commander of the Commune-level Military Command is paid monthly with a specific amount of 357,600 VND.
- In addition to the monthly positional allowance, the Commander of the Commune-level Military Command also enjoys a seniority allowance equal to 5% of the current salary and positional allowance, as well as any out-of-frame seniority allowances (if any) when they have served for 60 months or more. From the 6th year onwards, each additional year adds 1%.
Furthermore, the Commander of the Commune-level Military Command is still a commune-level official as stipulated in Decree No. 33/2023/ND-CP.
However, Clause 3, Article 23 of the 2019 Law on Militia and Self-Defense Forces stipulates that officers of the Vietnam People's Army may hold the position of commander of militia and self-defense forces when necessary.
Thus, if the Commander of the Commune-level Military Command is appointed according to normal standards and is not an officer of the Vietnam People's Army assigned in necessary circumstances, the seniority allowances will be abolished.
If the Commander of the Commune-level Military Command is an officer of the Vietnam People's Army assigned in necessary circumstances, they will continue to receive seniority allowances from July 1, 2024.
From July 1, 2024, which officials will continue to receive seniority allowances during the salary reform?
What specific standards must the Commander of the Commune-level Military Command meet?
As stipulated in Clause 3, Article 17 of Joint Circular 01/2013/TTLT-BNV-BQP regarding the appointment of the Commander:
Appointment of the Commander
1. Conditions for consideration and appointment
Included in the planning for the Commander position; holding a diploma of intermediate-level professional education or higher in basic military training.
2. General standards
a) As regulated in Article 3 of Decree No. 112/2011/ND-CP dated December 5, 2011, of the Government of Vietnam on commune, ward, and commune-level town officials;
b) Meeting the standards specified in Clause 1, Article 2, and having the capacity to perform the tasks stipulated in Article 4 of Circular No. 06/2012/TT-BNV dated October 30, 2012, of the Ministry of Home Affairs guiding the duties, specific standards, tasks, and recruitment of commune, ward, and commune-level town officials.
3. Specific standards for the Commander:
a) Must hold a diploma of intermediate-level professional education or higher in basic military training;
b) Have the ability to advise the party committee and the People's Committee at the commune level on issuing leadership and directive documents to implement national defense work, militia and self-defense work, national defense and security education, and civil defense; constructing an all-people national defense and people's security posture at the commune level;
c) Effectively advise the party committee and commune authorities on leading and directing the implementation of policies for the militia, reserve mobilization, and military rear policies.
d) Develop and organize the implementation of defense and military tasks at the commune level.
...Thus, the specific standards for the Commander of the Commune-level Military Command include:
- Must hold a diploma of intermediate-level professional education or higher in basic military training;- Must have the ability to advise the party committee and the People's Committee at the commune level on issuing leadership and directive documents for national defense work, militia and self-defense work, national defense and security education, and civil defense;- Construct an all-people national defense and people's security posture at the commune level;- Effectively advise the party committee and commune authorities on leading and directing the implementation of policies for the militia, reserve mobilization, and military rear policies;- Develop and organize the implementation of defense and military tasks at the commune level.
Who has the authority to appoint the Commander of the Commune-level Military Command?
Clause 4, Article 17 of Joint Circular 01/2013/TTLT-BNV-BQP stipulates the appointment of the Commander as follows:
Appointment of the Commander
....
4. Authority to appoint
The Chairman of the district-level People's Committee decides the appointment of the Commander of the Commune-level Military Command upon the recommendation of the Chairman of the commune-level People's Committee after reaching a consensus with the Commander of the district-level Military Command.
Thus, the Chairman of the district-level People's Committee decides the appointment of the Commander of the Commune-level Military Command upon the recommendation of the Chairman of the commune-level People's Committee after reaching a consensus with the Commander of the district-level Military Command.
Furthermore, Clause 3, Article 23 of the 2019 Law on Militia and Self-Defense Forces stipulates that the Minister of National Defense shall regulate the procedures and authority for appointing, dismissing the positions specified in this Article and the authority to appoint the commanders of the self-defense units in military enterprises; stipulates that officers of the Vietnam People's Army may hold the position of commander of militia and self-defense forces when necessary.
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