Regulations on discharge from positions for commune-level executed officials and resignation for commune-level officials in Vietnam

Regulations on discharge from positions for commune-level executed officials and resignation for commune-level officials in Vietnam (Image from the Internet)

1. Regulations on discharge from positions for commune-level executed officials and resignation for commune-level officials in Vietnam

Regulations on discharge from positions for commune-level executed officials and resignation for commune-level officials according to Article 27 of Decree 33/2023/ND-CP are as follows:

- Commune-level cadres who cease to hold positions and commune-level officials who quit (except in cases of job transfer and cases of disciplinary action as prescribed by law for officials) are entitled to resignation allowance policies for commune-level cadres, severance allowances for commune-level officials, and shall be calculated according to the regulations of the Government of Vietnam on severance policies for officials.

- The Chief Commander of the Commune Military Command, if disciplined by dismissal and cannot be arranged or appointed to another official position at the commune level, shall be resolved with severance policies within 30 days from the effective date of the disciplinary decision.

In addition to the severance policies prescribed in clause 1, Article 27 of Decree 33/2023/ND-CP, the Chief Commander of the Commune Military Command is also entitled to other severance policies prescribed by the law on militia and self-defense forces.

- The funding sources for resignation allowances for commune-level cadres and severance allowances for commune-level officials shall be arranged in the regular activity budget estimates of the Commune People's Committee assigned annually by the competent authority.

2. Authority for managing commune-level officials in Vietnam

The authority for managing commune-level officials in Vietnam according to Article 32 of Decree 33/2023/ND-CP is as follows:

* The Ministry of Home Affairs (Hanoi, Vietnam) has the following duties and powers:

- To submit to the Government of Vietnam and the Prime Minister of the Government of Vietnam for promulgation regulations on commune-level officials;

- To guide the implementation of legal documents of the Government of Vietnam and the Prime Minister of the Government of Vietnam regarding commune-level officials;

- To inspect and examine the People's Committees at all levels and commune-level officials in implementing the regulations of the law on commune-level officials;

- To gather and summarize the quantity and quality of the commune-level official workforce nationwide.

* The Provincial People's Committees have the following duties and powers:

- To submit to the People's Council at the same level decisions on the number of commune-level officials for each district-level administrative unit as prescribed in clause 4, Article 6 of Decree 33/2023/ND-CP;

- To promulgate regulations on the recruitment of commune-level officials; guide and inspect the district-level People's Committee in evaluating and classifying the quality of commune-level officials annually;

- To specify the standards of each commune-level cadre position and each commune-level official title according to the regulations in Article 8 and Article 10 of Decree 33/2023/ND-CP;

- To specify the training fields according to the task requirements of each commune-level official title;

- To inspect and examine the implementation of policies for commune-level officials;

- To direct, guide and inspect the recruitment, planning, and organization of the commune-level official workforce; to gradually standardize to improve the quality of commune-level officials;

- To annually direct the development of training programs, curriculum, and materials for commune-level officials;

- To direct the resolution of complaints and denunciations for commune-level officials;

- To promulgate regulations on decentralization of management for commune-level officials;

- To gather and report statistical data on the quantity and quality of commune-level officials in the province;

- To guide and inspect the use of funding for policies as prescribed by the Government of Vietnam and the People's Council at the same level regarding commune-level officials;

- To guide the creation and management of commune-level official records.

* The District-level People's Committees have the following duties and powers:

- To plan and organize the recruitment of commune-level officials according to the regulations in this Decree and the recruitment regulations of the Provincial People's Committee; to decide on the reception, transfer, and management of commune-level officials according to the regulations in Decree 33/2023/ND-CP and the decentralization of management of the Provincial People's Committee; to implement the cessation of holding positions for commune-level cadres, the cessation of work for commune-level officials, and retirement for commune-level officials as prescribed by law;

- To specify the duties of each commune-level cadre position and each commune-level official title according to the regulations in Article 9 and Article 11 of Decree 33/2023/ND-CP;

- To organize the implementation of salary policies and other policies for commune-level officials;

- To decide on the positions entitled to concurrent allowances in cases where the number of concurrently held positions exceeds the reduced number of commune-level officials specified in clause 1, Article 20 of Decree 33/2023/ND-CP;

- To organize the training and capacity building of commune-level officials according to the guidance and decentralization of the Provincial People's Committee;

- To decide on rewards and disciplinary actions for commune-level officials according to the decentralization of management of the Provincial People's Committee;

- To inspect, examine, and evaluate the implementation of regulations on commune-level officials;

- To resolve complaints and denunciations against commune-level officials according to the law;

- To gather and report statistical data on the quantity and quality of the commune-level official workforce in the district;

- To guide and inspect the People's Committees at the commune-level in evaluating, classifying the quality of commune-level officials annually; to inspect the implementation of policies for commune-level officials;

- To guide the People's Committees at the commune-level in creating and managing commune-level official records.

* The Commune-level People's Committees have the following duties and powers:

- To directly manage and use commune-level officials; to evaluate and classify the quality of commune-level officials annually;

- To implement policies, plans for training, capacity building; planning, and creating resources for commune-level officials;

- To submit to the District People's Committee for consideration and decision on the positions entitled to concurrent allowances in cases where the number of concurrently held positions exceeds the reduced number of commune-level officials specified in clause 1, Article 20 of Decree 33/2023/ND-CP;

- To recommend competent agencies or organizations at the district level to reward commune-level officials according to the decentralization of management of local officials;

- To recommend competent agencies or organizations at the district level to discipline commune-level officials;

- To resolve complaints and denunciations against commune-level officials according to the law;

- To gather and report statistical data on the quantity and quality of commune-level officials;

- To create and manage commune-level official records.

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