Is the village head a commune-level official in Vietnam? What are the standards to become the a village head in 2023?
Is the village head a commune-level official in Vietnam?
Pursuant to Decree 33/2023/ND-CP on providing regulations on commune-level officials and part-time officials of communes and neighborhoods issued by the Government on June 10, 2023.
Accordingly, the positions of commune-level officials are specified in Clause 1, Article 5 of Decree 33/2023/ND-CP as follows:
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;
...
At the same time, Pursuant to the provisions of Article 13 of Circular 13/2019/TT-BNV, Article 14a of Decree 92/2009/ND-CP is supplemented by Clause 6, Article 2 of Decree 34/2019/ND-CP.
The village head is a person who operates part-time in the village and is not a commune-level official.
Is the village head a commune-level official in Vietnam? What are the standards to become the a village head in 2023? (Image from the Internet)
What are the standards to become the a village head in Vietnam?
Pursuant to Circular 04/2012/TT-BNV on guidelines for organization and operation of villages and neighborhoods issued by the Minister of Home Affairs.
According to Article 11 of Circular 04/2012/TT-BNV, village head must be a person who:
- has permanent or regular residence in the village or neighborhood,
- is 21 years of age or older,
- is healthy, enthusiastic and sense of responsibility in his/her work;
- has good political credentials and moral qualities, and is trusted by the people;
- is good samples that comply with guidelines and policy of the Communist Party, policies, laws of State and local regulations;
- gain cultural knowledge, competence, experience and methods of mobilizing and direct the people to implement self-management work of the community and perform tasks assigned by superior authorities.
What are the allowances for a village head in Vietnam according to Decree 33/2023/ND-CP?
Pursuant to the provisions in Article 34 of Decree 33/2023/ND-CP as follows:
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.
Thus, the allowance regime for the Village Head is implemented according to the content prescribed above.
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