Standards of the Chairperson of the People’s Committee of a commune in Vietnam

Standards of the Chairperson of the People’s Committee of a commune in Vietnam (Internet image) 

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

1. Standards of the Chairperson of the People’s Committee of a commune in Vietnam

According to Clause 3, Article 8 of Decree 33/2023/ND-CP, Chairperson and Vice Chairpersons of the People's Council; Chairperson and Vice Chairpersons of the People’s Committee;

- Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;

- Education level: officials must have graduated from high schools;

- Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws, regulations of Decree 33/2023/ND-CP shall be applied;

- Political theory level: officials must have graduated from intermediate schools or equivalent or higher;

- For other standards, regulations of the Law on Organization of the Local Government, relevant laws, regulations of the CPV and authorities competent to manage officials shall be applied.

2. Tasks of the Chairperson of the People’s Committee of a commune in Vietnam

Pursuant to Clause 5, Article 9 of Decree 33/2023/ND-CP, The Chairperson of the People’s Committee of a commune shall:

- Manage operations of the People’s Committee, members of the People’s Committee of the commune

- Direct the performance of tasks in terms of organization and assurance of the implementation of the Constitution, law and documents of superior regulatory agencies, the People's Council and People’s Committee of the commune; perform tasks in terms of national defense, security and assurance of social order and safety, combat, prevention and control of crimes and other violations against law;

Prevent and control bureaucracy and corruption; organize implementation of measures to protect property of agencies, organizations and protect the life, freedom, honor, dignity, property, other lawful rights and interests of citizens; implement measures to manage population in the commune according to regulations of law;

- Manage and organize the effective use of Government offices, property, working facilities and allocated state budget as prescribed by law;

- Handle complaints and denunciations, handle violations against law, receive citizens according to regulations of law;

- Authorize Vice Chairpersons of the communal People’s Committee to perform tasks and entitlements within the competence of the Chairperson of the communal People’s Committee;

- Direct implementation of measures to protect environment, prevent and control fire and explosion; apply measures to solve unexpected and urgent tasks in prevention and control of natural disasters, epidemics, security, social order and safety in the commune according to regulations of law;

- Perform tasks and entitlements according to the authorization of superior regulatory agencies;

- Perform other tasks according to regulations of the CPV, the Law on Organization of the Local Government, relevant laws and authorities competent to manage officials.

3. Regulations on pay step rearrangement for Chairperson of the People’s Committee of a commune in Vietnam

According to Article 16 of Decree 33/2023/ND-CP, pay step rearrangement for Chairperson of the People’s Committee of a commune in Vietnams as follows:

- Pay steps of commune-level officials who have professional education degrees according to standards of professional qualifications prescribed in Decree 33/2023/ND-CP shall be rearranged as the same levels with administrative officials who have the same professional education degrees prescribed in the payroll of officials in regulatory agencies enclosed with the Decree of the Government on regulations on wages for officials, public employees and armed forces.

Education degrees shall comply with regulations of the Ministry of Education and Training and of agencies and organizations having authority to issue such degrees.

- During the working period, commune-level officials adapting their educational qualifications for their current positions shall have the authority to request the Chairpersons of the district-level People’s Committees to rearrange their pay steps according to the new educational qualifications from the day on which education degrees are issued.

- If the recruited commune official has been paying social insurance and has not claimed the one-off social insurance payout, the working period over which social insurance has been paid is also considered for salary determination (excluding apprenticeship and probation). The working period with intermittent social insurance payment can be accumulated.

The commune-level officials prescribed in Clause 1 Article 16 of Decree 33/2023/ND-CP shall raise salaries frequently and ahead of schedule; extend pay raise time according to regulations of the Government on salaries for officials, public employees and armed forces.

Ho Quoc Tuan

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