Number of commune-level cadres and civil servants in Vietnam according to Decree 33/2023

Number of commune-level cadres and civil servants in Vietnam according to Decree 33/2023 (Internet image)

Regarding this issue, LawNet responded as follows:

1. Number of commune-level cadres and civil servants in Vietnam according to Decree 33/2023

The number of commune-level cadres and civil servants in Vietnam according to Article 6 of Decree 33/2023/ND-CP is as follows:

- The number of commune-level cadres and civil servants is calculated by type of commune-level administrative unit, specifically as follows:

For wards:

++ Class I is 23 people;

++ Class II is 21 people;

++ Class III is 19 people;

+ For communes and towns:

++ Class I is 22 people;

++ Class II is 20 people;

++ Class III is 18 people.

- Provincial-level People's Committees shall base themselves on the number of commune-level administrative units whose population size and natural area are larger than the standards specified in the Resolution of the National Assembly Standing Committee on the standards of administrative units and classification of administrative units to calculate the additional number of civil servants at commune level as follows:

+ Wards in a district may increase by one third (one third) of the prescribed level of population size by one third of the required number of civil servants. The remaining commune-level administrative units shall be entitled to an increase of 01 civil servant for every full 1/2 (one-half) increase of the prescribed level of population size;

+ In addition to the increase in civil servants according to the population size specified at Point a, Clause 2, Article 6 ofDecree 33/2023/ND-CP, the commune-level administrative units for each additional 100% of the prescribed level of natural area may increase by 01 civil servant.

- Population size (including permanent resident population and converted temporary resident population) and natural area as of December 31 of each year to determine the number of commune-level cadres and civil servants specified in Clause 2, Article 6 of Decree 33/2023/ND-CP to comply with the Resolution of the National Assembly Standing Committee on standards of administrative units and classification of administrative units.

In case the commune-level administrative unit, by December 31 of each year, experiences a change in population size and natural area specified in Clause 2, Article 6 of Decree 33/2023/ND-CP or a change in the type of administrative unit, the provincial-level People's Committees shall request the People's Councils of the same level to consider and adjust the total number of commune-level cadres and civil servants (including the provincial-level administrative units) to ensure compliance with regulations.

- Annually, the People's Committee of the province shall request the People's Council of the same level to decide the number of commune-level cadres and civil servants for each district-level administrative unit under its management to suit the requirements of practice, but must ensure that the total number of commune-level cadres and civil servants in district-level administrative units does not exceed the total number of commune-level cadres and civil servants for the whole province-level administrative unit according to the provisions of Clauses 1 and 2, Article 6 of Decree 33/2023/ND-CP.

- Annually, the district-level People's Committees decide the specific number of cadres and civil servants in each commune-level administrative unit and arrange the number of civil servants for each commune-level civil servant title under its management to suit the requirements and tasks of each commune-level administrative unit.

The number of cadres and civil servants in each commune-level administrative unit may be lower than that of grade III communes or may be higher than that of grade I communes in Clause 1, Article 6 of Decree 33/2023/ND-CP, but must not exceed the total number of commune-level cadres and civil servants of the whole district-level administrative unit assigned by the provincial-level People's Council.

- Number of commune-level cadres and civil servants specified in Article 6 of Decree 33/2023/ND-CP, including those who are enjoying retirement or loss of working capacity allowance and who are elected to hold the position of commune-level cadres and cadres and civil servants who are rotated, transferred, or seconded to the commune level.

In case of rotation to the position of Vice President of the Commune-level People's Committee, the Government's regulations shall apply to the number of Vice Presidents of the People's Committee and the process and procedures for election, resignation, relief from duty, removal from office, assignment, and dismissal of members of the People's Committee.

2. General standards for commune-level cadres and civil servants in Vietnam

General standards for commune-level cadres and civil servants in Vietnam according to Article 7 of Decree 33/2023/ND-CP are as follows:

- General standards for commune-level cadres and civil servants shall comply with current regulations of law on cadres and civil servants, and the organization's charter and regulations of the Party and socio-political organizations at the central level.

- For civil servants who are Commanders of the Commune-level Military Command, in addition to the standards specified in Clause 1, Article 7 of Decree 33/2023/ND-CP, they must also be able to coordinate with units of the People's Army, People's Public Security, and other forces in the locality to participate in building the all-people national defense and perform civil defense tasks; to maintain security, politics, social order, and safety, to protect the Party, government, and property of the State and to protect the people's lives and property.

Decree 33/2023/ND-CP takes effect as of August 1, 2023.

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