Important Changes from June 25, 2019, That Commune-Level Officials Must Be Aware Of

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There are some important changes effective from June 25, 2019, that commune-level officials need to know as follows:

1. Non-specialist personnel at the commune level are entitled to participate in compulsory social insurance from June 25, 2019

Specifically, Clause 7, Article 2 of Decree 34/2019/ND-CP has amended Clause 2, Article 15 of Decree 92/2009/ND-CP. Accordingly, from June 25, 2019, non-specialist personnel at the commune level are subject to participation in compulsory social insurance (under current regulations, these individuals are not subject to participation in compulsory social insurance).

2. Increase the part-time allowance for commune-level officials from June 25, 2019

According to Clause 3, Article 2, Decree 34/2019/ND-CP amending and supplementing Article 10 of Decree 92/2009/ND-CP, from June 25, 2019, commune-level officials holding concurrent positions that reduce the number of personnel by one within the maximum stipulated number are entitled to a part-time allowance comprising: 50% of the salary at step 1 (current regulation is 20% of the salary) plus the leadership position allowance (if any) of the concurrent position.

Note:

- In cases where multiple positions are concurrently held (including the case where the Party Secretary is also the Chairman of the People's Committee, the Party Secretary is also the Chairman of the People's Council), only one part-time allowance is granted.

- Commune-level officials can concurrently hold non-specialist positions at the commune level.

- The part-time position allowance is not used to calculate, enjoy social insurance benefits, or health insurance.

3. Amend and supplement regulations on salary placement

According to Clause 2, Article 2 of Decree 34/2019/ND-CP amending Point c, Clause 1 and supplementing Clause 4, Article 5 of Decree 92/2009/ND-CP, salary placement for commune-level officials is stipulated as follows:

- For commune-level officials receiving a pension or labor loss allowance, in addition to the pension or labor loss allowance, they are entitled to an additional 100% of the salary at step 1 (currently 90% of the salary) of the position held.

If the assigned tasks are completed without any disciplinary actions within five years, they are entitled to 100% of the salary at step 2 of the position held.

- For commune-level officials who have been placed in positions or classified in one of the administrative official grades stipulated at points a, b, Clause 1, Clause 2 of Article 5 of Decree 92/2009/ND-CP, if there is later a change in qualifications appropriate to the position held and it is approved by the competent authority for management or use, they are placed according to the new training level from the date of the diploma issuance.

- For commune-level officials who pursued studies without being authorized, if they achieve qualifications suitable to the position held, they are placed according to the new training level from the effective date of Decree 92/2009/ND-CP.

4. Reduce the number of commune-level officials allocated according to the administrative unit classification decision of communes, wards, and commune-level towns

Specifically, according to Clause 1, Article 2 of Decree 34/2019/ND-CP amending and supplementing Article 4 of Decree 92/2009/ND-CP, the number of commune-level officials is stipulated as follows:

- Type 1: Maximum of 23 people (currently 25, reducing by 2).

- Type 2: Maximum of 21 people (currently 23, reducing by 2).

- Type 3: Maximum of 19 people (currently 21, reducing by 2).

Note:

- Provincial and central city People's Committees decide the number of commune-level officials equal to or below the stipulated number, ensuring conformity with the position regulations in Article 3 of Decree 92/2009/ND-CP and the actual local situation. For communes, commune-level towns assigning the position of Chief of Police as professional police, the number of officials reduces by 1 compared to the above regulation.

- The number of commune-level officials mentioned includes officials transferred, reassigned, and seconded to the commune level. For cases reassigned to take the position of Vice Chairman of the commune-level People's Committee, implementation follows Decree 08/2016/ND-CP.

5. Reduce the number of non-specialist personnel at the commune level allocated according to the administrative unit classification decision of communes, wards, and commune-level towns

According to Clause 4, Article 2 of Decree 34/2019/ND-CP amending and supplementing Article 13 of Decree 92/2009/ND-CP, the number of non-specialist personnel at the commune level is stipulated as follows:

- Type 1, a maximum of 14 people (currently 22, reducing by 8).

- Type 2, a maximum of 12 people (currently 20, reducing by 8).

- Type 3, a maximum of 10 people (currently 19, reducing by 9).

6. Supplement regulations on non-specialist personnel in villages, residential groups

Specifically, Clause 6, Article 2 of Decree 34/2019/ND-CP adds Article 14a, stipulating non-specialist personnel in villages, residential groups after Article 14 of Decree 92/2009/ND-CP.

Non-specialist personnel in villages, residential groups have a maximum of 3 people entitled to a monthly allowance from the state budget, applying only to the positions: Branch Secretary; Village Chief or Residential Group Leader; Head of the Front Work Committee.

Persons participating in work in villages, residential groups beyond the 3 positions mentioned above do not receive a monthly allowance but receive a remuneration when directly involved in the work of the village, residential group from union fees, association fees, or other fund sources.

- Nguyen Trinh -

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