Joint Circular No. 03/2010/TTLT-BNV-BTC-BLDTBXH guiding the implementation of Government Decree No. 92/2009/NĐ-CP dated October 22, 2009 on positions, quantity, and certain policies for cadres and civil servants at commune, ward, town level and non-professional staff at commune level.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on job titles, number of staff, certain benefits, and policies for cadres and civil servants at commune, ward, town levels and non-professional workers at commune level Pursuant to Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on job titles, number of staff, certain benefits, and policies for cadres and civil servants at commune, ward, town levels and non-professional workers at commune level; After reaching consensus with the Central Organization Committee of the Party, the Ministry of Interior, the Ministry of Finance, and the Ministry of Labor - Invalids and Social Affairs, this Circular jointly guiding the implementation of Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government is hereby issued as follows:

_______________

Article 1. Allocation of Cadres and Civil Servants at Commune Level

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

1. The number of cadres and civil servants at commune level shall be allocated according to the classification of administrative units as follows:

a) For communes, wards, towns classified as type 1: not exceeding 25 people;

b) For communes, wards, towns classified as type 2: not exceeding 23 people;

c) For communes, wards, towns classified as type 3: not exceeding 21 people.

2. The People's Committee of provinces and centrally governed cities (hereinafter referred to as provincial level) shall decide to allocate the number of cadres and civil servants at commune level in accordance with the requirements and tasks of each commune, ward, town, without necessarily allocating the maximum number of cadres and civil servants stipulated in Clause 1 of this Article; at the same time, based on the specific requirements and tasks of each commune, ward, town, guide the兼任多个政府部门的名称翻译时，通常会直接翻译每个部门的名称并用破折号连接。因此，对于第一行，应翻译为“Ministry of Labor - Invalids and Social Affairs - Ministry of Public Security - Ministry of Finance”。但根据输入文本，这里应该是“Ministry of Labor - Invalids and Social Affairs - Ministry of Interior - Ministry of Finance”。以下是修正后的翻译：

c) For type 3 communes, wards, and towns: not exceeding twenty-one persons.

2. The People's Committee of the province or centrally governed city (hereinafter referred to collectively as provincial level) shall decide on assigning the number of cadres and civil servants at commune level in accordance with the requirements and tasks of each commune, ward, and town, without necessarily arranging the maximum number of cadres and civil servants as prescribed in Clause 1 of this Article; at the same time, based on the specific requirements and tasks of each commune, ward, and town, it shall guide the兼任职务和额外增加人员的职务安排。特别是文化-社会和土地管理-农业-建设与环境（针对乡）职务，根据第92/2009/ND-CP号议定的规定，每个职务应安排两名人员。其余的公务员应根据各乡、镇、市镇的具体要求和任务以及现有的干部和公务员队伍进行适当安排，优先考虑司法-户籍、办公室-统计、财政-会计等职务的额外安排，确保各级党委和政府的所有工作领域和任务都有人负责。

3. For those positions of commune-level civil servants with two personnel, when recruiting, recording in personal history files and social insurance books, they must be consistent with the name of the commune-level civil servant position as stipulated in Clause 2, Article 3 of Decree No. 92/2009/ND-CP.

Article 2. Salary classification for commune-level cadres

1. Commune-level cadres who have only primary education or have not received specialized training shall implement salary classification according to the table of salaries prescribed in Point a, Clause 1, Article 5 of Decree No. 92/2009/ND-CP, specifically as follows:

a) In the case of being elected for the first term (initial term) to hold a commune-level cadre position, they shall be classified into Grade 1 of the commune-level cadre position held.

b) In the case where the total time of holding Grade 1 in the current commune-level cadre position or another commune-level cadre position with the same job coefficient for five years (sixty months), completing assigned tasks, and not being disciplined during this period, they shall be classified into Grade 2 of the current commune-level cadre position held.

c) In the case of being elected to hold a new commune-level cadre position with a different job coefficient from the previous one (hereinafter referred to as the old position), they shall be classified into the higher grade closest to the current job coefficient in the new position (currently held). If the new position has a Grade 2 job coefficient lower than the current job coefficient in the old position, they shall retain the current job coefficient in the old position for six months, then be classified into Grade 2 of the new position.

In the case of being classified into Grade 1 in the old position, if the old position has a Grade 1 job coefficient lower but a Grade 2 job coefficient higher than the Grade 1 job coefficient of the new position, they shall be classified into Grade 1 of the new position; the time spent in Grade 1 of the old position shall be counted towards the time spent in Grade 1 of the new position, until they have accumulated sixty months and can be classified into Grade 2 of the new position.

Example 1. Mr. Nguyen Van A was elected to hold the position of Deputy Chairman of the People's Committee of Commune B since November 1, 2007, classified into Grade 1 with a job coefficient of 1.95 for this position; on May 1, 2010, Mr. A was elected to hold the position of Chairman of the People's Committee of Commune B. Since Mr. A was classified into Grade 1 in the old position and the old position had a Grade 1 job coefficient of 1.95 lower but a Grade 2 job coefficient of 2.45 higher than the Grade 1 job coefficient of 2.15 of the new position (Chairman of the People's Committee of Commune), starting from May 1, 2010, Mr. A was transferred from Grade 1 with a job coefficient of 1.95 in the old position (Deputy Chairman of the People's Committee) to Grade 1 with a job coefficient of 2.15 in the new position (Chairman of the People's Committee of Commune). The time spent in Grade 1 in the old position (Deputy Chairman of the People's Committee) from November 1, 2007, shall be counted towards the time spent in Grade 1 in the new position (Chairman of the People's Committee of Commune) and on November 1, 2012 (when sixty months have been accumulated), Mr. A will be classified into Grade 2 with a job coefficient of 2.65 in the position of Chairman of the People's Committee of Commune.

d) In the case where a commune-level cadre does not complete assigned tasks or is disciplined (reprimanded or warned) during the time in Grade 1, for each year of not completing assigned tasks or each disciplinary action, the time required to be classified into Grade 2 shall be extended by six months compared to the regulations.

In the case where a commune-level cadre fails to complete assigned tasks and is disciplined in the same year, the deduction time for that year shall only be calculated according to the deduction time of the disciplinary form.

d) In the case where a member of the People's Committee at the commune level is elected without being a civil servant at the commune level, and has been receiving salary according to Table 5 issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 204/2004/NĐ-CP), from January 1, 2010 until April 2011 (end of term), they shall retain their current salary coefficient. For subsequent terms, they will not be entitled to the provisions of this Circular. If during the term, they transfer to another position, they will be classified according to the new job and cease retaining the aforementioned salary coefficient.

2. Commune-level cadres who have graduated from vocational training programs at the college level or higher, as stipulated in Point b Clause 1 Article 5 of Decree No. 92/2009/NĐ-CP, shall implement classification according to the administrative civil servant salary table number 2 (Salary Table for Professional and Vocational Cadres and Civil Servants in State Agencies) issued together with Decree No. 204/2004/NĐ-CP, specifically as follows:

a) Commune-level cadres who have graduated from university-level vocational training programs shall be classified according to the specialist rank (code 01.003); those who have graduated from college-level vocational training programs shall be classified according to the specialist (college) rank (code 01a.003); those who have graduated from vocational training programs at the secondary level shall be classified according to the staff rank (code 01.004).

The graduation certificates of vocational training programs at the secondary level or higher shall be implemented according to the regulations of the Ministry of Education and Training and the competent authority issuing the certificates.

b) In cases where there is a graduation certificate of vocational training programs at the secondary level or higher obtained before January 1, 2010, and the individual has been classified according to the position salary table number 5 issued together with Decree No. 204/2004/NĐ-CP, they shall be classified into the corresponding grade according to the administrative civil servant rank stipulated in Point a Clause 2 of this Article based on the time periods during which they had the relevant professional qualifications while working and contributing to social insurance (if there were intermittent periods of social insurance contributions that were not counted towards social insurance benefits, these periods shall be accumulated) as follows:

After every three-year period (36 months) for the specialist rank and the specialist (college) rank, and after every two-year period (24 months) for the staff rank, they shall be promoted to the next grade within the rank. In cases where there are years during which they did not complete assigned tasks or were disciplined (reprimanded or warned), each year without completing assigned tasks or each disciplinary action shall result in a deduction of six months; if they were disciplined with removal from office, each disciplinary action shall result in a deduction of twelve months; if there is a year in which they both failed to complete assigned tasks and were disciplined, the deduction period for that year shall only be calculated according to the disciplinary action.

After converting the working time to classify into grades according to the ranks of administrative civil servants mentioned above, if there are months that do not reach 36 months for the specialist rank and the specialist (college) rank or do not reach 24 months for the staff rank, these months shall be included in the time for considering promotion to the next grade according to the rank. In cases where they are classified into the final grade of the rank but still have remaining working time, this remaining working time shall be considered for enjoying seniority allowances beyond the framework as follows: After three years (36 months) for the specialist rank and the specialist (college) rank and after two years (24 months) for the staff rank, they shall enjoy a 5% allowance, and for each subsequent year, they shall enjoy an additional 1%.

Based on the principles stated above, the transition from the position salary received according to Table 5 issued together with Decree No. 204/2004/NĐ-CP to the salary according to the rank and grade of administrative civil servants shall be carried out as follows:

In cases where there is no change in vocational training qualifications throughout the working period, from the date of joining work, they shall be classified into the first grade coefficient of the administrative civil servant rank stipulated in Point a Clause 2 of this Article. Subsequent working time shall be classified into higher grades within the rank according to the principles stipulated in Point b of this Article.

In cases where there is a change in vocational training qualifications during the working period, it shall be handled as follows: If they did not have vocational training qualifications from the date of joining work, and then obtained a vocational training qualification (for the first time) later, from the date of obtaining the graduation certificate, they shall be classified into the first grade coefficient of the administrative civil servant rank stipulated in Point a Clause 2 of this Article; subsequent working time shall be classified into higher grades within the rank according to the principles stipulated in Point b of this Article. If there are changes in vocational training qualifications two times or more, they shall be classified according to the corresponding period of each change in vocational training qualifications.

Example 2: Mr. Nguyen Van C, Chairman of the People's Committee of Commune D, was classified with a coefficient of 2.65 for Grade 2 of the Chairman of the People's Committee position since December 1, 2006, and has been working in commune-level cadre positions since December 1, 1994 (this period is counted as participating in social insurance). He graduated from a secondary vocational program on August 1, 2000, and obtained a university degree on August 1, 2006. Since January 1, 2010, Mr. C has been classified according to the administrative civil servant rank and enjoys leadership position allowances as follows:

The period of work with a secondary vocational education level of Mr. C from August 1, 2000 (the date he received his secondary vocational education diploma) to August 1, 2006 is six years, every two years advancing one grade, thus Mr. C is calculated to be at salary coefficient 2.46, Grade 4, Cadre Rank. Based on this salary coefficient 2.46, as of August 1, 2006 (the date he received his bachelor's degree diploma), Mr. C is transferred to the nearest or higher salary coefficient at the Specialist Rank, Grade 2, which is 2.67. The period of work with a bachelor's degree level from August 1, 2006 to January 1, 2010 is three years and four months, every three years advancing one grade, thus as of August 1, 2009, Mr. C is calculated to be at salary coefficient 3.00, Grade 3, Specialist Rank.

Therefore, Mr. C is assigned a salary coefficient of 3.00, Grade 3, Specialist Rank (code 01.003) and receives a leadership position allowance coefficient of 0.25 for the position of Chairman of the People's Committee of Commune starting from January 1, 2010; the time for the next salary grade advancement according to the Specialist Rank is calculated from August 1, 2009.

After being assigned a salary according to the provisions of Point b herein, if the total salary coefficient assigned at the civil servant rank plus the leadership position allowance of the current position held is lower than the salary coefficient of the leadership position already enjoyed, then the difference coefficient is added to equalize it with the salary coefficient of the leadership position already enjoyed. This difference coefficient decreases correspondingly when advancing grades within the assigned civil servant rank or when being assigned to a higher civil servant rank.

c) In cases where there is a diploma in specialized or vocational training at the secondary vocational education level or above, elected or appointed to hold the position of commune-level cadre (for the first time) from January 1, 2010 onwards, then from the date of election or appointment, they are assigned to the salary coefficient of Grade 1 of the administrative civil servant rank as stipulated in Point a Clause 2 hereof and enjoy the leadership position allowance of the current position held. If the total salary coefficient assigned at the civil servant rank plus the leadership position allowance coefficient of the current position held is lower than the salary coefficient of Grade 1 of the same position without having a specialized or vocational training diploma at the secondary vocational education level or above as stipulated in Point a Clause 1 Article 5 Decree No. 92/2009/NĐ-CP, then the difference coefficient is added to equalize it with the salary coefficient of Grade 1 of that position. This difference coefficient decreases correspondingly when advancing grades within the assigned civil servant rank.

d) In cases where there is a diploma in specialized or vocational training at the secondary vocational education level or above after the date of assignment to a leadership position salary according to the salary table stipulated in Point a Clause 1 Article 5 Decree No. 92/2009/NĐ-CP, then from the date of receiving the diploma in specialized or vocational training, the assignment to the salary grade according to the administrative civil servant rank as stipulated in Points a and b Clause 2 of this Article and enjoying the leadership position allowance of the current position held shall be implemented.

đ) Commune-level cadres who have been assigned salaries according to one of the administrative civil servant ranks stipulated in Clause 2 of this Article, if subsequently there is a change in specialized or vocational training level due to being sent for training by an authorized agency or organization, then from the date of receiving the diploma in specialized or vocational training, they will be assigned salaries according to the new specialized or vocational training level.

e) Commune-level cadres with a diploma in specialized or vocational training at the secondary vocational education level or above, eligible for assignment to the administrative civil servant rank and enjoying leadership position allowances, if voluntarily submit a request to be assigned a leadership position salary according to the current position held as stipulated in Point a Clause 1 Article 5 Decree No. 92/2009/NĐ-CP, then they will be assigned a leadership position salary according to the current position held and will not enjoy leadership position allowances.

Article 3. Salary classification for commune-level civil servants

1. Commune-level civil servants who have completed training at the secondary level or higher, commensurate with their current job specialty, shall be classified according to the salary table number 2 (Salary Table for Professional and Vocational Staff in State Agencies) and salary table number 4 (Salary Table for Administrative and Service Staff in State Agencies and State-owned Enterprises) issued together with Decree No. 204/2004/NĐ-CP, specifically as follows:

a) Those who have completed a bachelor's degree or higher shall be classified under the specialist grade (code 01.003);

b) Those who have completed a college degree shall be classified under the associate specialist grade (code 01a.003);

c) Those who have completed a vocational high school degree shall be classified under the staff member grade (code 01.004);

d) Those who have completed a basic education degree shall be classified under the administrative clerk grade (code 01.008).

2. Commune-level civil servants who have not completed training at the secondary level or higher in their professional and vocational field shall receive a salary equivalent to 1.18 times the general minimum wage.

The Ministry of Home Affairs shall take the lead in coordinating with relevant agencies to organize training and development to ensure they meet the conditions for grade classification and regular salary increments.

3. In the case where the Head of Public Security, Military Commander at the commune level concurrently serves as a member of the People's Committee at the commune level and has completed basic education or has not received training, and has been classified according to the position salary table number 5 issued together with Decree No. 204/2004/NĐ-CP, from January 1, 2010, they shall be uniformly classified according to the provisions of Point d Clause 1 and Clause 2 of this Article and shall receive an additional differential retention coefficient equivalent to the salary coefficient they were receiving until April 2011 (end of term). From January 1, 2010 onwards, if they complete training at the vocational high school level or higher, they shall be classified according to the provisions of Points a, b, or c Clause 1 of this Article and shall receive the differential retention coefficient (if applicable) equivalent to the salary coefficient they were receiving; this differential retention coefficient (if applicable) shall decrease correspondingly when they receive a salary increment within the civil servant grade they were classified or when they are classified in a higher grade.

4. Commune-level civil servants who have been classified according to one of the civil servant grades specified in Clause 1 of this Article, if subsequently there is a change in their professional and vocational training level due to being sent for training by an authorized agency or organization, shall be reclassified according to their new professional and vocational training level from the date they receive their graduation certificate.

5. In the case where a commune-level cadre ceases to hold their position and is reassigned as a commune-level civil servant:

a) If they are currently classified according to the position salary table specified in Point a Clause 1 Article 5 of Decree No. 92/2009/NĐ-CP, they shall retain the position salary coefficient they are currently receiving for six months, after which they shall be reclassified according to the provisions of Clause 2 Article 2 and Clauses 1, 2, 3, and 4 Article 3 of this Circular.

b) If they are currently classified according to the civil servant grade and rank and are receiving leadership position allowances, they shall continue to receive their salary according to the civil servant grade and rank they were classified and shall retain the leadership position allowance they are currently receiving for six months, after which they shall cease to receive the leadership position allowance.

Article 4. Salary classification for village-level cadres and civil servants who are war invalids or disabled veterans

Village-level cadres and civil servants who are war invalids or disabled veterans, or those receiving benefits equivalent to war invalids, but not currently receiving retirement benefits or disability allowances, shall be classified according to their current war invalid or disabled veteran status, in addition to the salary classification provided for in Articles 2 and 3 of this Joint Circular.

Article 5. Promotion of rank for village-level cadres and civil servants classified according to administrative civil servant ranks and grades

Village-level cadres and civil servants who have been classified according to administrative civil servant ranks and grades as stipulated in Clause 2 of Article 2, Clause 1 of Article 3, and Article 4 of this Joint Circular shall implement the regular promotion of rank and early promotion of rank (due to outstanding achievements in performing tasks and upon notification of retirement) as prescribed in Circular No. 03/2005/TT-BNV dated January 5, 2005, issued by the Ministry of Home Affairs guiding the implementation of regular promotion of rank and early promotion of rank for cadres, civil servants, and public officials, and Section I of Circular No. 83/2005/TT-BNV dated August 10, 2005, issued by the Ministry of Home Affairs guiding amendments and supplements to the promotion of rank system and other allowances for cadres, civil servants, and public officials.

During the period of holding a rank according to administrative civil servant ranks and grades, if a village-level cadre or civil servant fails to complete assigned tasks or is disciplined (reprimanded or warned), then for each year of failure to complete assigned tasks or each time of discipline (six months for reprimand or warning, twelve months for removal from office), the regular promotion of rank period will be extended beyond the prescribed period. In cases where both failure to complete assigned tasks and disciplinary action occur in the same year, the deduction period will only be calculated based on the disciplinary action period.

Article 6. Allowances

1. Leadership position allowance:

Village-level cadres who have completed a specialized training program at the college level or higher and have been classified according to administrative civil servant ranks and grades as stipulated in Clause 2 of Article 2 of this Joint Circular shall be entitled to leadership position allowances relative to the general minimum wage as follows:

a) Party Secretary: 0.30;

b) Deputy Party Secretary, Chairman of the People's Council, Chairman of the People's Committee: 0.25;

c) Chairman of the Vietnam Fatherland Front, Deputy Chairman of the People's Council, Deputy Chairman of the People's Committee: 0.20;

d) Secretary of the Ho Chi Minh Communist Youth Union, Chairman of the Women's Union, Chairman of the Farmers' Association, Chairman of the Veterans' Association: 0.15.

2. Seniority allowance exceeding the framework:

Village-level cadres and civil servants who have been classified according to administrative civil servant ranks as stipulated in Clause 2 of Article 2, Clause 1 of Article 3, and Article 4 of this Joint Circular shall implement the seniority allowance exceeding the framework as prescribed in Point a and Point c of Clause 1 of Article 6 of Decree No. 204/2004/NĐ-CP; Clause 1 of Article 1 of Decree No. 76/2009/NĐ-CP dated September 15, 2009, issued by the Government, and Circular No. 04/2005/TT-BNV dated January 5, 2005, guiding the implementation of the seniority allowance exceeding the framework for cadres, civil servants, and public officials.

If a village-level cadre or civil servant fails to complete assigned tasks or is disciplined (reprimanded or warned) in a given year, then for each year of failure to complete assigned tasks or each time of discipline (six months for reprimand or warning, twelve months for removal from office), the period for considering eligibility for the seniority allowance exceeding the framework will be extended beyond the prescribed period. In cases where both failure to complete assigned tasks and disciplinary action occur during the period of holding a rank, the deduction period for that year will only be calculated based on the disciplinary action period.

3. Allowance according to village type:

Village-level cadres who have been classified according to the provisions of Clause 1 of Article 5 of Decree No. 92/2009/NĐ-CP and belong to Type 1 and Type 2 villages as decided by the competent authority shall be entitled to allowances calculated as a percentage of the current salary, plus leadership position allowances, seniority allowance exceeding the framework, and retained differential allowance (if applicable) as prescribed in Article 9 of Decree No. 92/2009/NĐ-CP, specifically as follows:

a) Cadres in Type 1 villages shall receive a 10% allowance;

b) Cadres in Type 2 villages shall receive a 5% allowance.

4. Allowance for兼任职务：

a) Village-level cadres and civil servants who concurrently hold positions reducing the number of village-level cadres and civil servants specified in Clause 1 of Article 1 of this Joint Circular by one person shall be entitled to a concurrent position allowance of 20% of the current salary, plus leadership position allowances, seniority allowance exceeding the framework, and retained differential allowance (if applicable) from the date of approval by the competent authority of the election results or decision on concurrent position. In cases of holding multiple concurrent positions (including the case of a Party Secretary concurrently serving as Chairman of the People's Committee), only one concurrent position allowance of 20% shall be granted.

b) The concurrent position allowance shall be paid together with the monthly salary and shall not be used for social insurance or medical insurance contributions or benefits.

5. Other allowances:

Village-level cadres and civil servants shall implement other allowances (if any) as prescribed by law.

Article 7. Social insurance and health insurance regime for commune-level cadres and civil servants

1. Commune-level cadres specified in Point a and Point b Clause 1 Article 5; commune-level civil servants specified in Point a and Point b Clause 2 Article 5 and commune-level cadres and civil servants specified in Clause 3 Article 5 Decree No. 92/2009/ND-CP during their term of office and position shall be subject to mandatory social insurance as prescribed in Decree No. 152/2006/ND-CP dated December 22, 2006 guiding certain provisions of the Law on Social Insurance, and shall be subject to health insurance as prescribed in Decree No. 62/2009/ND-CP dated July 27, 2009 detailing and guiding the implementation of certain provisions of the Law on Health Insurance.

2. When commune-level cadres and civil servants retire at age 60 for men and 55 for women, having contributed to social insurance for at least 15 years but less than 20 years (including voluntary social insurance contributions made prior to that time, if any), without receiving a lump-sum pension, and with a desire to continue participating in voluntary social insurance, they may continue contributing to voluntary social insurance until they have accumulated 20 years of contributions to qualify for monthly retirement benefits. The contribution to voluntary social insurance and the receipt of social insurance benefits shall be carried out in accordance with the laws on voluntary social insurance.

Article 8. Resolution of existing issues regarding the regime and policies for commune-level cadres

1. Commune-level cadres who retired according to Decision No. 130/CP dated June 30, 1975 of the Council of Ministers and Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers (now the Government) upon their death, the person handling the funeral will receive funeral expenses equivalent to 10 months of the national minimum wage.

2. Commune-level cadres who retired due to old age and weakness and whose monthly allowance was suspended during the period of serving a prison sentence without being eligible for probation, if they submit a request along with a certified copy of the certificate confirming completion of the prison sentence and obtain certification from the People's Committee of the commune, then the People's Committee of the district shall consider and issue a decision allowing the cadre to continue receiving the monthly allowance from the day they completed the prison sentence. During the period of serving the prison sentence, the cadre does not accrue allowances.

3. Commune-level cadres who have contributed to social insurance according to Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on living expenses for commune-level cadres, ward-level cadres, and town-level cadres (hereinafter referred to as Decree No. 09/1998/ND-CP) but have not yet received a monthly allowance or a one-time allowance (including cases where there is a decision to retire pending resolution of the allowance but the file has not been submitted to the social insurance agency), shall retain the period of social insurance contributions to resolve social insurance benefits when they meet the conditions stipulated by the Law on Social Insurance and its implementing regulations.

4. Commune-level cadres who have held other positions within the staffing plan approved by the People's Committee as stipulated in Clause 5 Article 3 of Decree No. 09/1998/ND-CP and have contributed to social insurance based on the living expenses of these positions but have not yet received a one-time allowance shall retain the period of social insurance contributions to resolve social insurance benefits when they meet the conditions stipulated by the Law on Social Insurance and its implementing regulations.

For those who hold other positions within the staffing plan approved by the People's Committee and receive living expenses for these positions but have not contributed to social insurance, they shall make back payments for social insurance contributions to serve as the basis for calculating social insurance benefits. The period for making back payments for social insurance runs from January 1, 1998 to the date the Government Decree No. 121/2003/ND-CP dated October 21, 2003 on Cadres and Civil Servants of Communes, Wards, and Towns comes into effect (back payments for each specific case are calculated based on the actual time holding such positions and receiving living expenses). The amount of back payment is 15% of the living expenses of the position as stipulated in Decree No. 09/1998/ND-CP and adjusted according to the national minimum wage at the time of back payment (of which the commune-level cadre pays 5%, and the state budget pays 10%).

5. For the subjects stipulated in Clause 3 and Clause 4 of this Article, if they die after January 1, 2010, the person handling the funeral will receive funeral expenses equivalent to 10 months of the current national minimum wage. In cases where they have not contributed to social insurance, they will still be entitled to funeral allowance and will not need to make back payments for social insurance contributions.

6. Commune-level cadres who held positions according to Decree No. 09/1998/ND-CP, if they worked continuously until January 1, 1998 and received living expenses according to Decree No. 09/1998/ND-CP, the time spent in such positions before January 1, 1998 shall be counted as the time already contributed to social insurance.

a) In cases where the time served in the People's Army or the People's Public Security Forces was before December 15, 1993, and did not receive a one-time retirement allowance according to Decision No. 290/2005/QĐ-TTg dated November 8, 2005; Decision No. 92/2005/QĐ-TTg dated April 29, 2005; and Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of

b) In cases where the time served as a state enterprise worker or civil servant without receiving a one-time retirement allowance or a one-time social insurance benefit, and were subsequently assigned to a position according to Decree No. 09/1998/ND-CP, the time as a state enterprise worker or civil servant can be combined with the time in the position according to Decree No. 09/1998/ND-CP to calculate social insurance benefits.

c) For commune-level cadres in positions as stipulated in Decree No. 09/1998/ND-CP, if before January 1998 they were dispatched by competent authorities to study specialized or political courses, and after completing the course continued to hold the position according to Decree No. 09/1998/ND-CP, the time spent studying shall be counted as continuous work time to calculate social insurance benefits.

d) For commune-level cadres in positions as stipulated in Decree No. 09/1998/ND-CP, if the work interruption before January 1998 does not exceed 12 months, the work time before and after the interruption can be combined to calculate social insurance benefits.

7. In cases where village-level cadres have been settled to receive retirement pensions, monthly allowances, or one-time allowances before January 1, 2010, this Circular's provisions shall not be applied to re-settle them.

Article 9. Unpaid Part-Time Workers

1. The number of unpaid part-time workers at the village level, in hamlets, and neighborhood associations shall be arranged according to the classification of administrative units as follows:

a) For villages, wards, and towns classified as Type 1: Not exceeding 22 people;

b) For villages, wards, and towns classified as Type 2: Not exceeding 20 people;

c) For villages, wards, and towns classified as Type 3: Not exceeding 19 people;

d) Each hamlet and neighborhood association shall not exceed three people.

2. The People's Committee of the province shall base its decisions on the Resolution of the provincial People's Council regarding the positions, number of unpaid part-time workers at the village level, hamlets, and neighborhood associations; regulations on兼任多个职位和津贴水平的规定；具体规定边远地区、少数民族地区和西原地区的非专职工作人员的政策；指导划拨经费以确保这些非专职工作人员的实际收入增加，符合实际情况和地方财政预算。

3. The unpaid part-time workers specified in Clause 1 of this Article do not fall under the compulsory social insurance coverage; those specified in Points a, b, and c of Clause 1 of this Article are covered by the compulsory health insurance as stipulated in Clause 4 of Article 1 of Decree No. 62/2009/NĐ-CP dated July 27, 2009 of the Government detailing and guiding the implementation of certain Articles of the Health Insurance Law.

Article 10. Sources of Funds for Implementing Policies and Regulations

1. The funds for implementing policies and regulations for village-level cadres and civil servants and retired village-level cadres due to old age and frailty shall be guaranteed by the state budget in accordance with the State Budget Law. For unpaid part-time workers at the village level and in hamlets and neighborhood associations, the central budget will provide support averaging two-thirds of the minimum wage per person per month.

2. Additional funding needs for implementing policies and regulations for village-level cadres and civil servants; unpaid part-time workers at the village level and in hamlets and neighborhood associations; and retired village-level cadres due to old age and frailty shall be resolved through the salary reform fund as prescribed.

3. The funds for monthly social insurance contributions for village-level cadres who held other positions within the People's Committee shall be guaranteed by the local budget.

4. The funds for implementing social insurance policies for village-level cadres and civil servants shall be guaranteed by the Social Insurance Fund.

Article 11. Implementation Organization

1. The People's Committee at the village level shall base its actions on the guidelines provided in this Circular, prepare reports on the results of transitioning from old salaries to new ones, social insurance contributions, and additional funding needs for village-level cadres and civil servants under their management.

2. The People's Committee at the district level shall compile the results of salary transitions from the village-level People's Committees; social insurance contributions, and additional funding needs for implementing policies and regulations for village-level cadres and civil servants, and submit these to the Department of Home Affairs and the Department of Finance for review.

The Chairman of the People's Committee at the district level shall decide on the transition to new salaries after receiving the review opinions of the Department of Home Affairs. The new salary transition file must include a copy of the most recent salary decision, a copy of the social insurance book to calculate the length of service, and a certified copy of the graduation certificate in the relevant field.

According to the current state budget structure, the salaries of village-level cadres and civil servants are recorded under Item 6000 (Salaries). Allowances are recorded under Item 6100 (Salary Allowances) according to corresponding sub-items. Special allowances based on village type are recorded under Item 6100, Sub-item 6149 of the current state budget structure (not recorded under Item 6350).

3. The Departments of Home Affairs and Finance shall be responsible for compiling the results of salary transitions from the districts and counties; social insurance contributions, and additional funding needs for implementing policies and regulations as stipulated in this Circular, and submit these to the provincial People's Committee for decision. The provincial People's Committee shall compile and submit a report to the Ministry of Home Affairs and the Ministry of Finance for consideration and resolution as prescribed.

4. The provincial People's Committee shall direct specialized agencies to review and guide village-level cadres holding other positions within the village-level People's Committee to prepare files for settlement according to the provisions of Article 8 of this Circular.

5. The Vietnam Social Security shall be responsible for implementing social insurance policies and resolving issues related to village-level cadres as stipulated in Decree No. 92/2009/NĐ-CP and the guidelines in this Circular.

Article 12. Effective Date

1. This Circular shall take effect 45 days after its issuance date.

2. The policies and regulations for village-level cadres and civil servants as guided in this Circular shall be implemented from January 1, 2010.

3. The policies and regulations for village-level cadres and civil servants stipulated in this Circular shall apply to Secretaries and Deputy Secretaries of grassroots Party cells (where no grassroots Party Committee has been established) and the Standing Committee of the Party Committee (where there is no full-time Deputy Secretary for Party affairs).

4. This Circular replaces: Joint Circular No. 34/2004/TTLT dated May 14, 2004 of the Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decree No. 121/2003/NĐ-CP; Clause 2, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding the transition from old salaries to new ones for cadres, civil servants, and employees when changing jobs and in cases of transfer from military forces, cryptic services, and state-owned companies to work in state agencies and public institutions; Clauses 1, 2, 3, and 4 of Section I of Joint Circular No. 82/2005/TTLT-BNV-BTC dated August 10, 2005 of the Ministry of Home Affairs and the Ministry of Finance amending and supplementing Circular No. 01/2005/TTLT-BNV-BTC guiding the implementation of the transition from old salaries to new ones for cadres, civil servants, and employees.

5. The provincial People's Committee shall guide implementation based on the joint Circular issued herein and the specific circumstances of the locality. During the implementation process, if there are any difficulties, they should be reported to the Ministry of Home Affairs for coordination with the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs to consider and resolve./.