Quantity of commune-level officials under the latest regulations in Vietnam

Quantity of commune-level officials under the latest regulations in Vietnam (Internet image)

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

1. Quantity of commune-level officials under the latest regulations in Vietnam

Quantity of commune-level officials is specified in Article 6 of Decree 33/2023/ND-CP as follows:

(i) The commune-level officials are classified according to third-level administrative subdivisions. To be specific:

+ Wards: Class-I: 23 persons; Class-II: 21 persons; Class-III: 19 persons;

+ Communes and townships: Class-I: 22 persons; Class-II: 20 persons; Class-III: 18 persons;

(ii) The provincial People’s Committees shall, based on the number of third-level administrative subdivisions where population sizes and natural areas are higher than the standard sizes prescribed in the Resolution of the Standing Committee of National Assembly on standards of administrative divisions and classification of administrative divisions, calculate the increasing number of officials of communes as follows:

- If the population of any ward of an urban district increases by every one-third (1/3) of the prescribed population size, 01 more official may be newly recruited. If the population of any of the remaining third-level administrative subdivisions increases by every half (1/2) of the prescribed population size, 01 more official may be newly recruited.

- In addition to increase in the number of officials according to the population size prescribed in Point a of Clause 2 of Article 6 of Decree 33/2023/ND-CP, if the population of any of the third-level administrative subdivisions increases by one hundred percent (100%) of the prescribed natural area, 01 more official may be newly recruited.

* The population size (including permanent resident population and temporary resident population converted) and natural area calculated til December 31 of every year to determine the number of commune-level officials prescribed in Clause 2 of Article 6 of Decree 33/2023/ND-CP shall comply with the Resolution of the Standing Committee of National Assembly on standards of administrative divisions and classification of administrative divisions.

In case, in third-level administrative subdivisions, on and by December 31 of every year, there is a change in the population size and natural area prescribed in Clause 2 of Article 6 of Decree 33/2023/ND-CP, or there is a change in levels of administrative divisions, the provincial People’s Committees shall propose to the People's Councils at the same level consideration for adjustment to the total number of commune-level officials (including first-level administrative subdivisions) to be in accordance with regulations.

* Annually, the provincial People’s Committees shall propose to the People's Councils at the same level decision on the number of commune-level officials for each second-level administrative subdivision under their management in accordance with realistic demands, but it must be ensured that the total commune-level officials of second-level administrative subdivisions shall not exceed the total commune-level officials of first-level administrative subdivisions according to the regulations in Clauses 1 and 2 of Article 6 of Decree 33/2023/ND-CP.

* Annually, the provincial People’s Committees shall decide the specific quantity of officials at each third-level administrative subdivision and arrange the quantity of officials of each title of commune-level officials under their management according to requirements and tasks of each third-level administrative subdivision.

The number of officials of each third-level administrative subdivision may be less than that of class-III third-level administrative subdivisions or more than that of class-I third-level administrative subdivisions prescribed in Clause 1 of Article 6 of Decree 33/2023/ND-CP, but must not exceed the total commune-level officials of its second-level administrative subdivision assigned by the People's Council.

* The number of commune-level officials prescribed in Article 6 of Decree 33/2023/ND-CP including persons who are given pensions or a loss of earning capacity benefits (LOEC benefit) voted for holding positions of commune-level officials shall be rotated, assigned and seconded to third-level administrative subdivisions.

In case an official is rotated to hold the position of the Vice Chairperson of the People’s Committee of a commune, regulations of the Government on the number of Vice Chairpersons of the People’s Committee and procedures for election, resignation, dismissal and assignment of members of the People's Committee shall be applied.

2. General standards of commune-level officials in Vietnam

- General standards of commune-level officials shall be applied according to applicable regulations of law on officials, organizational charters and regulations of the CPV and of socio-political organizations at the central level.

- Officials who are Commanding Officers of Military Commands of communes shall not only meet the standards prescribed in Clause 1 of this Article but also have the capacity to cooperate with units of people's army, people's police and other forces in these communes in developing the all-people national defense, performing civil defense duties; maintaining security, politics, social order and safety, protecting the CPV, government and property of the State and protecting the people's lives and property.

(Article 7 of Decree 33/2023/ND-CP)

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