Regulations on recruitment and utilization of commune-level cadres in HCMC, Vietnam as of February 1, 2024

Hello, Lawnet would like to answer as follows:

1. What are the posts of commune-level cadres in Vietnam?

According to Clause 2, Article 61 of the Law on Cadres and Civil Servants 2008, posts of commune-level cadres include:

- Party committee secretary and deputy secretary;

- People’s Council chairman and vice chairman;

- People’s Committee president and vice president;

- Vietnam Fatherland Front Committee president;

- Ho Chi Minh Communist Youth Union secretary;

- Vietnam Women’s Union president;

- Vietnam Peasants Association president (applicable to communes, wards and townships with agricultural, forestry, fishery and salt-making activities and Vietnam Peasants Association chapter);

- Vietnam Veterans’ Association president

Chairpersons and Vice Chairpersons of People's Committee of Wards in districts and cities under Ho Chi Minh City are not subject to the provisions of election, recruitment, utilization, and management of cadres and civil servants working at communes and townships and ward-level cadres in Ho Chi Minh City, according to Clause a, Article 2 of Decree 07/2024/ND-CP:

Article 1. Scope of regulation and applicable subjects

2. The subjects covered by this Decree include:

a) cadres working at communes, wards, and townships in Ho Chi Minh City as stipulated in Clause 2, Article 61 of the Law on cadres and Civil Servants in 2008 (amended and supplemented in 2019), except for Chairpersons and Vice Chairpersons of the People's Committee of Wards in districts and cities under Ho Chi Minh City.

Therefore, commune-level cadres include positions such as Party Secretary, Deputy Party Secretary; Chairperson, Vice Chairperson of the People's Council, People's Committee; Chairperson of the Fatherland Front, Ho Chi Minh Communist Youth Union, Women's Union, Farmers' Union, and Veterans' Association. Except for Chairpersons and Vice Chairpersons of the People's Committee of Wards in districts and cities under Ho Chi Minh City, Decree 07/2024/ND-CP does not apply.

2. Regulations on recruitment and utilization of commune-level cadres in HCMC, Vietnam as of February 1, 2024

According to the provisions in Article 2 of Decree 07/2024/ND-CP, regulations on election, utilization, and management of cadres working at communes, wards, and townships in HCMC, Vietnam are as follows:

- The election, utilization, management, dismissal, relief from duty, and removal from office of cadres working at communes, wards, and townships in Ho Chi Minh City shall be carried out in accordance with the provisions of the Law on cadres and Civil Servants, the Law on Organization of Local Government, the Law on Election of National Assembly Deputies and People's Council Deputies, and other relevant laws, Party regulations, and regulations of political-social organizations at the central level.

- After the competent authority approves the election results or appoints positions for commune-level cadres, the People's Committee of Ho Chi Minh City, based on the professional and vocational criteria of the civil servant rank, shall issue decisions on appointment to the civil servant rank and salary arrangements for commune-level cadres. This decision shall be treated as a decision to recruit civil servants for cases where they are not yet civil servants, for consideration of the arrangement and assignment of duties according to Clause 4 of Article 2 of Decree 07/2024/ND-CP.

- The leadership position allowance for cadres working at communes, wards, and townships in Ho Chi Minh City shall be implemented according to the Government's regulations on commune-level cadres, civil servants, and non-professional activists at the commune level, in hamlets, and residential areas.

- Upon request, duty tasks, or when ceasing to hold office (not during the period of disciplinary action), cadres working at communes, wards, and townships may be assigned, reassigned, or transferred to work as civil servants at communes, wards, and townships or as civil servants from district level and above if they meet the criteria and conditions for the new position.

The appointment to the civil servant rank and salary arrangement for the new position shall be carried out in accordance with the provisions of the law on civil servant management.

Therefore, from February 1, 2024, the election, utilization, and management of cadres working at communes, wards, and townships in Ho Chi Minh City shall be carried out according to Decree 07/2024/ND-CP and the provisions of the law on cadres and civil servants.

At the same time, the People's Committee of Ho Chi Minh City shall base the decision on appointment to the rank and salary arrangement for commune-level cadres on professional criteria after the competent authority approves the election results or appoints positions for commune-level cadres.

Sincerely!

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