From August 1, 2023, what is the retirement regime for the commune-level Chairpersons of the People's Council in Vietnam?
- From August 1, 2023, what is the retirement regime for the commune-level Chairpersons of the People's Council in Vietnam?
- What are the standards for the commune-level Chairpersons of the People's Council in Vietnam from August 1, 2023?
- Vietnam: If the commune-level Chairpersons of the People's Council resign their positions from August 1, 2023, will they receive severance allowances?
From August 1, 2023, what is the retirement regime for the commune-level Chairpersons of the People's Council in Vietnam?
Pursuant to the provisions of Article 28 of Decree 33/2023/ND-CP regulating retirement regimes for commune-level officials as follows:
Retirement as commune-level officials
1. The retirement of commune-level officials shall comply with regulations of labor laws and regulations of the CPV and of social-political organizations at the central level.
2. Authorities competent to manage commune-level officials must notify in writing of retirement time 06 months before the dates on which commune-level officials retire; and promulgate retirement decisions 03 months before the dates on which commune-level officials retire.
Thus, based on the above regulations, the retirement regime for the Chairpersons of the Commune People's Council from August 1, 2023 is prescribed as follows:
- The retirement of commune-level Chairpersons of the Commune People's Council shall comply with regulations of labor laws and regulations of the CPV and of social-political organizations at the central level..
- Authorities competent to manage commune-level officials must notify in writing of retirement time 06 months before the dates on which commune-level officials retire;
Authorities competent to manage commune-level officials must promulgate retirement decisions 03 months before the dates on which commune-level officials retire.
From August 1, 2023, what is the retirement regime for the commune-level Chairpersons of the People's Council in Vietnam? (Picture from internet)
What are the standards for the commune-level Chairpersons of the People's Council in Vietnam from August 1, 2023?
Pursuant to the provisions of Clause 3, Article 8 of Decree 33/2023/ND-CP stipulates as follows:
Standards of each position of commune-level officials
...
3. Chairperson and Vice Chairpersons of the People's Council; Chairperson and Vice Chairpersons of the People’s Committee;
a) Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;
b) Education level: officials must have graduated from high schools;
c) Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws, regulations of such laws shall be applied;
d) Political theory level: officials must have graduated from intermediate schools or equivalent or higher;
dd) For other standards, regulations of the Law on Organization of the Local Government, relevant laws, regulations of the CPV and authorities competent to manage officials shall be applied.
...
Accordingly, from August 1, 2023, the standards for the commune-level Chairpersons of the People's Council are prescribed as follows:
- Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;
- Education level: officials must have graduated from high schools;
- Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws, regulations of such laws shall be applied;
- Political theory level: officials must have graduated from intermediate schools or equivalent or higher;
- For other standards, regulations of the Law on Organization of the Local Government, relevant laws, regulations of the CPV and authorities competent to manage officials shall be applied.
Vietnam: If the commune-level Chairpersons of the People's Council resign their positions from August 1, 2023, will they receive severance allowances?
Pursuant to the provisions of Clause 1, Article 27 of Decree 33/2023/ND-CP stipulates as follows:
Resignation as commune-level senior officials and severance of commune-level officials
1. Commune-level officials who resign their positions (except for officials who are reassigned and officials who are disciplined according to regulations of laws on officials) shall be eligible for resignation benefits (for commune-level senior officials) and severance allowances (for commune-level officials) which are calculated according to regulations of the Government on severance allowances for officials.
...
Article 5 of Decree 46/2010/ND-CP stipulates as follows:
Job discontinuation allowance
Civil servants who discontinue their jobs will be entitled to a job discontinuation allowance as follows: For every working year, the allowance is equal lo 1/2 (half) of their respective current monthly wages, including the wages paid according to salary ranks and grades, position allowance, extra-seniority allowance, professional seniority allowance and wage reservation difference coefficient (if any). The lowest allowance level is equal to their current I (one) month's wage.
Thus, based on the above regulations, Commune-level Chairpersons of the People's Council who resign their positions (except for officials who are reassigned and officials who are disciplined according to regulations of laws on officials) shall be eligible for:
- For every working year, the allowance is equal lo 1/2 (half) of their respective current monthly wages, including:
+ wages paid according to salary ranks and grades,
+ extra-seniority allowance,
+ professional seniority allowance,
+ wage reservation difference coefficient (if any).
- The lowest allowance level is equal to their current I (one) month's wage.
Decree 33/2023/ND-CP will take effect from August 1, 2023.
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