Downsizing for unqualified commune officials in HCMC, Vietnam from February 1, 2024

Downsizing for unqualified commune officials in HCMC, Vietnam from February 1, 2024 (Image from the Internet)

Regarding this issue, LawNet would like to answer as follows:

February 1, 2024, the Government issued Decree 07/2024/ND-CP detailing the election, recruitment, use, and management of officials working in communes, towns, and wards of Ho Chi Minh City.

Downsizing for unqualified commune officials in Ho Chi Minh City from February 1, 2024

specific, starting from February 1, 2024, officials working in communes, towns, and wards, if they meet the required standards, will be transferred to district-level or higher positions to work in communes, wards, or towns. In the case of a transfer to a new job position, officials must ensure the conditions and appropriate standards for that position.

PThe Internal Affairs Department under the District People's Committee will review the records of officials currently working in communes, towns, and wards to report to the Chairman of the District People's Committee and submit them to the Department of Internal Affairs for evaluation and to the Chairman of the Ho Chi Minh City People's Committee for issuing a decision to transfer officials currently working in communes, wards, and towns to positions under the staffing of the District People's Committee.

If officials currently working in communes, towns, and wards do not meet the required standards as stipulated, within a period of 3 years from the effective date of Decree 07/2024/ND-CP, they must meet the required standards as stipulated. During this time, they will continue to enjoy the regime and policies specified by the Government for commune-level officials and non-professional activists at the commune level.

At the end of the 3-year period, if you do not meet the prescribed standards, you will be eligible for retirement (if eligible) or implement a staff streamlining policy according to the Government's regulations.

In that case, if within a period of 3 years, officials currently working in communes, towns, and ward officials in Ho Chi Minh City do not meet the requirements to be transferred to district-level or higher positions to work in communes , wards, or towns, they will either enter retirement (if eligible) or be subjected to the downsizing policy as specified by the Government.

Subjects of application of Decree 07/2024/ND-CP include:

- Officials working in communes, wards, and towns of Ho Chi Minh City specified in Clause 2 and Article 61 of the Law on Cadres and Civil Servants 2008 (amended in 2019), specifically:

+ Secretary and Deputy Secretary of the Party Committee;

+ Chairman and Vice Chairman of the People's Council;

+ Chairman and Vice Chairman of the People's Committee;

+ Chairman of the Vietnam Fatherland Front Committee;

+ Secretary of Ho Chi Minh Communist Youth Union;

+ President of the Vietnam Women's Union;

+ Chairman of the Vietnam Farmers' Association (applicable to communes, wards, and towns with agricultural, forestry, fishery, and salt production activities and a Vietnam Farmers' Association organization);

+ Chairman of the Vietnam Veterans Association.

Except for the Chairman and Vice Chairman of the People's Committee of wards of districts and cities in Ho Chi Minh City;

- Civil servants working in communes and towns of Ho Chi Minh City specified in Clause 3 of Article 61 of the Law on Cadres and Civil Servants 2008 (amended in 2019), including:

+ Chief of Police (applicable to communes and towns that have not yet organized formal police according to the provisions of the Law on People's Public Security 2018);

+ Military Commander;

+ Office - statistics;

+ Cadastre - construction - urban and environment (for wards and towns); or cadastral - agriculture - construction and environment (for communes);

+ Finance - accounting;

+ Justice - civil status;

+ Culture - society.

More details can be found in Decree 07/2024/ND-CP effective from February 1, 2024.

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