From August 1, 2023, what are the allowances for the Vice Chairpersons of the Commune-level People's Committee in Vietnam who resign their positions?
- Who are the Vice Chairpersons of the commune-level People's Committee in Vietnam?
- What are the tasks of the Vice Chairpersons of the People’s Committee in Vietnam?
- From August 1, 2023, what are the allowances for the Vice Chairpersons of the Commune-level People's Committee in Vietnam who resign their positions?
Who are the Vice Chairpersons of the commune-level People's Committee in Vietnam?
Pursuant to the provisions in Point c, Clause 2, Article 61 of the Law on Cadres and Civil Servants 2008, it is stipulated as follows:
Posts and titles of commune-level cadres and civil servants
1. Commune-level cadres and civil servants defined in Clause 3, Article 4 of this Law include commune-level cadres and commune-level civil servants.
2. Posts of commune-level cadres include:
a/ Party committee secretary and deputy secretary;
b/ People’s Council chairman and vice chairman;
c/ People’s Committee president and vice president;
d/ Vietnam Fatherland Front Committee president;
e/ Ho Chi Minh Communist Youth Union secretary;
f/ Vietnam Women’s Union president;
g/ Vietnam Peasants Association president (applicable to communes, wards and townships with agricultural, forestry, fishery and salt-making activities and Vietnam Peasants Association chapter);
b/ Vietnam Veterans’ Association president
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Thus, based on the above regulations, the Vice Chairman of the Commune-level People's Committee is a commune-level official according to the provisions of law.
From August 1, 2023, what are the allowances for the Vice Chairpersons of the Commune-level People's Committee in Vietnam who resign their positions?
What are the tasks of the Vice Chairpersons of the People’s Committee in Vietnam?
Pursuant to the provisions of Article 9 of Decree 33/2023/ND-CP, the regulations are as follows:
Tasks of each position of commune-level officials
...
6. The Vice Chairpersons of the People’s Committee of a commune shall:
a) Direct fields and areas of work assigned by the Chairperson of the communal People’s Committee; proactively develop programs and plans for performing tasks according to such fields and areas; be entitled to use the power of the Chairperson of the communal People’s Committee when dealing with tasks and signing documents according to the authorization of the Chairperson of the communal People’s Committee;
b) Take personal responsibility to the Chairperson of the communal People’s Committee for the assigned fields of work and their decisions and management; collaborate with the Chairperson of the communal People’s Committee and members of the communal People’s Committee in taking collective responsibility for the entire operation of the communal People’s Committee before the Communist Party Committee, the People's Council of the commune, the superior People’s Committee and the Chairperson of the superior People’s Committee. For issues beyond the competence of the Vice Chairpersons of the communal People’s Committee, they must report to the Chairperson of the communal People’s Committee for consideration and decision;
c) During the performance of tasks, if there is any problem relating to the competence and responsibility to deal with the tasks with the other Vice Chairpersons of the People’s Committee, they shall proactively discuss and cooperate to reach an agreement on solutions; if there still has a difference in opinions of these Vice Chairpersons, they shall report to the Chairperson of the communal People’s Committee for consideration and decision;
d) Perform other tasks according to regulations of the CPV, relevant laws and authorities competent to manage officials and according to the assignment of the Chairperson of the communal People’s Committee.
Accordingly, the Vice Chairperson of the Commune-level People's Committee has the duties as prescribed above.
From August 1, 2023, what are the allowances for the Vice Chairpersons of the Commune-level People's Committee in Vietnam who resign their positions?
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.
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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 Vice Chairpersons of the Commune-level People's Committee 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 severance allowances 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
+ wage reservation difference coefficient (if any).
The lowest allowance level is equal to their current I (one) month's wage.
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