Latest standards for part-time officials of communes in Vietnam

Latest standards for part-time officials of communes in Vietnam (Internet image) 

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

1. Latest standards for part-time officials of communes in Vietnam

Standards for for part-time officials of communes according to Clause 1, Article 36 of Decree 33/2023/ND-CP are as follows:

- Persons who are Vietnamese citizens aged 18 or higher; have enough civil act capacity and good health to perform assigned tasks;

- Persons who have good political and moral qualities; exemplarily observe the guidelines and lines of the CPV, policies and laws of the State; be capable of organizing the implementation and mobilizing the people of communes to effectively implement the guidelines and lines of the CPV, policies and laws of the State;

- Persons who do not face criminal prosecution, imprisonment, community sentence, surveillance, or are being forced to deal with measures for education in communes; are sent to treatment facilities and educational institutions;

- Education level: persons who have graduated from high schools;

- Professional qualifications: persons who have graduated from intermediate schools or higher.

2. Tasks of part-time officials of communes in Vietnam

According to Clause 2, Article 36 of Decree 33/2023/ND-CP, tasks of part-time officials of communes inlcude:

Part-time officials of communes shall perform tasks according to regulations in organizational charters to which they are signatories, regulations of relevant laws and of authorities having the power to manage; cooperate with commune-level officials in performing assigned tasks and ensuring that there are enough persons performing and monitoring tasks of task-related fields of executive committees of the CPV and local government of communes;

3. Regulations on election and selection of part-time officials of communes in Vietnam

Regulations on election and selection of part-time officials of communes according to Clause 3, Article 36 of Decree 33/2023/ND-CP are as follows:

- The elected titles shall comply with organizational charters to which part-time officials of communes are signatories, regulations of relevant laws and regulations of authorities having power to manage.

- The selection of titles of part-time officials of communes, apart from regulations in point a of this Clause, shall comply with regulations on admission without examination.

As for the title of assistants to Commanding Officers of Military Commands of communes, regulations of relevant military laws shall be applied.

4. Regulations on evaluation and ranking of part-time officials of communes in Vietnam

Regulations on evaluation and ranking of part-time officials of communes according to Clause 4, Article 36 of Decree 33/2023/ND-CP are as follows:

- The elected titles shall comply with organizational charters to which part-time officials of communes are signatories and regulations of authorities having power to manage.

- Part-time officials of communes acting as assistants to the local government of communes shall be evaluated and ranked by the Presidents of the People’s Committees of communes.

- As for the title of part-time officials of communes acting as assistants to Commanding Officers of Military Commands of communes, regulations of relevant military laws shall be applied.

- Contents, formats and procedures for evaluation and ranking for part-time officials of communes shall be similar to those for commune-level officials prescribed herein.

5. Regulations on penalty for part-time officials of communes in Vietnam

Regulations on penalty for part-time officials of communes according to Clause 6, Article 36 of Decree 33/2023/ND-CP are as follows:

- The elected titles shall be penalized in accordance with organizational charters to which part-time officials of communes are signatories and regulations of authorities having power to manage.

- Presidents of the People’s Committees of communes have the power to consider and decide penalties for part-time officials of communes who act as assistants to the local government of communes.

- As for the title of part-time officials of communes acting as assistants to Commanding Officers of Military Commands of communes, regulations of relevant military laws shall be applied.

- Disciplinary actions, forms of disciplinary actions and disciplinary procedures imposed on part-time officials of communes shall be similar to those for officials prescribed herein.

Salaries of officials shall not be reduced even if they are penalized.

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