Quantity of part-time officials of communes and neighborhoods in Vietnam

Quantity of part-time officials of communes and neighborhoods in Vietnam (Internet image) 

Regarding this issue, LawNet responded as follows:

1. Quantity of part-time officials of communes and neighborhoods in Vietnam

Quantity of part-time officials of communes and neighborhoods in Vietnam according to Article 33 of Decree 33/2023/ND-CP is as follows:

- The number of part-time officials of communes shall be calculated according to classes of third-level administrative subdivisions: Class-I: 14 persons; Class-II: 12 persons; Class-III: 10 persons.

- 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 part-time officials of communes as follows:

+ If the population of every ward of an urban district increases by 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 one-second (1/2) of the prescribed population size, 01 more part-time official may be newly recruited;

+ In addition to increase in the number of part-time officials according to the population size prescribed in Point a of this Clause, if the population of any of the third-level administrative subdivisions increases by every one hundred percent (100%) of the prescribed natural area, 01 more part-time 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 part-time officials prescribed in Clause 2 of Article 33 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 33 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 levels consideration for adjustment to the total number of commune-level part-time 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 levels decision on the number of commune-level part-time 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 part-time officials of second-level administrative subdivisions shall not exceed the total commune-level part-time officials of first-level administrative subdivisions according to the regulations in Clauses 1 and 2 of Article 33 of Decree 33/2023/ND-CP.

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

The number of part-time 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 33 of Decree 33/2023/ND-CP, but must not exceed the total commune-level part-time officials of its second-level administrative subdivision assigned by the People's Council.

- A part-time official of a neighborhood holding 03 titles at the maximum (including Cell Secretary, village head or neighborhood leader, head of Front Work Department) shall be entitled to monthly allowances. If otherwise is prescribed by laws, regulations of such laws shall be applied.

Officials holding the title of Cell Secretaries are encouraged to concurrently hold the title of village heads, neighborhood leaders or heads of Front Work Departments of villages or neighborhoods.

- Persons who directly participate in activities of villages and neighborhoods, apart from the 03 titles prescribed in Clause 6 of Article 33 of Decree 33/2023/ND-CP, shall be entitled to monthly supports.

- Part-time officials of communes and neighborhoods may concurrently hold positions of other part-time officials of communes and neighborhoods; part-time officials of neighborhoods may concurrently hold positions of persons directly participating in activities of neighborhoods.

2. Allowances for part-time officials of communes and neighborhoods in Vietnam 

Allowances for part-time officials of communes and neighborhoods in Vietnam according to Article 34 of Decree 33/2023/ND-CP are as follows:

- Part-time officials of communes shall be entitled to allowances. Central government budgets allocated for monthly paying allowances (including supports of social insurance and health insurance premiums) to part-time officials of communes are as follows:

+ Class I third-level administrative subdivisions are entitled to an allowance equal to 21,0 times of the statutory pay rate;

+ Class II third-level administrative subdivisions are entitled to an allowance equal to 18,0 times of the statutory pay rate;

+ Class III third-level administrative subdivisions are entitled to an allowance equal to 15,0 times of the statutory pay rate.

For third-level administrative subdivisions in which the number of commune-level part-time officials increases in accordance with the regulations in Clause 2 Article 33 of Decree 33/2023/ND-CP, the total pay rate of allowances may increase by 1,5 times of the statutory pay rate for each part-time official who is newly recruited.

- Allowances shall be paid for part-time officials of neighborhoods at the fixed rate. Central government budgets allocated for monthly paying allowances to part-time officials of neighborhoods are as follows:

+ For villages with at least 350 households; neighborhoods with at least 500 households; villages and neighborhoods of key third-level administrative subdivisions where security and order are difficult to control according to competent authorities’ decisions;

Villages and neighborhoods of third-level administrative subdivisions in border regions and islands, allowances shall be paid at the fixed rate, equal to 6,0 times of the statutory pay rate.

If villages with at least 350 households are developed into neighborhoods due to establishment of third-tier urban areas, allowances shall be paid at the fixed rate, equal to 6,0 times of the statutory pay rate;

+ For villages and neighborhoods that are not prescribed in point a Clause 2 of this Article, allowances shall be paid at the fixed rate, equal to 4,5 times of the statutory pay rate;

+ If second-level administrative subdivisions do not organize third-level administrative subdivisions, villages and neighborhoods prescribed in Points a and b of Clause 6 of Article 34 of Decree 33/2023/ND-CP shall be determined according to such second-level administrative subdivisions.

- On the basis of fixed allowances granted to communes, villages and neighborhoods by central government budget prescribed in Clauses 1 and 2 of Article 34 of Decree 33/2023/ND-CP; funding for reform of local wage policies; regulations of relevant laws and characteristics of communes, villages and neighborhoods, the People’s Committees of provinces shall propose to the People's Councils at the same level provision of specific regulations on the following contents:

+ Titles of part-time officials of communes;

+ The plurality of titles of part-time officials of communes and neighborhoods, and regulations on part-time officials of neighborhoods concurrently holding positions of persons directly participating in activities of neighborhoods.

+ Allowance of each title of part-time officials of communes and neighborhoods appropriate to the grade-1 salary of commune-level officials who have the same professional qualifications to encourage part-time officials of communes and neighborhoods to study and improve their professional qualifications; specific regulations on the fixed rate of operating expenses of socio-political organizations of communes;

Monthly supports and multi-position allowances for persons directly participating in activities of villages and neighborhoods suitable for the current situation of their villages and neighborhoods.

- If an official part-time official of a commune or neighborhood concurrently holds the position of another part-time official of the commune or neighborhood, he/she shall receive a multi-position allowance equal to 100% of the prescribed allowance of the position that he/she concurrently holds.

- The People’s Committees of provinces shall propose to the People's Councils at the same level provision of specific regulations on the contents in Point c Clause 3 of Article 34 of Decree 33/2023/ND-CP without permission of Ministries and central authorities.

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