Circular No. 04/2009/TT-BNV amends Clause 3 and Clause 4 of Article 5 of Circular No. 02/2009/TT-BNV dated March 19, 2009, issued by the Ministry of Home Affairs guiding the implementation of the pilot program for not organizing People's Councils at district, town, and ward levels.

Circular No. 04/2009/TT-BNV amends regulations on the system and policies for cadres during the implementation of the pilot program for not organizing People's Councils at district, town, and ward levels. Specifically, leaders holding positions have the right to retain their old position allowances until April 2011 when they transfer or retire.

文号04/2009/TT-BNV
文件类型Circular
发布机关Ministry of Home Affairs
签署人Trần Văn Tuấn — Bộ trưởng
更新27/06/2026
行业Home Affairs
领域Uncategorized
发布日期29/04/2009
生效日期01/04/2009
失效日期20/12/2021
状态Expired
✦ 智能摘要

Circular No. 04/2009/TT-BNV amends regulations on the system and policies for cadres during the implementation of the pilot program for not organizing People's Councils at district, town, and ward levels. Specifically, leaders holding positions have the right to retain their old position allowances until April 2011 when they transfer or retire.

适用范围

Cadres currently holding leadership positions in localities implementing the pilot program for not organizing People's Councils at district, town, and ward levels.

要点

  • Leaders who are appointed to new positions with lower allowances will retain their previous allowances until April 2011 (Article 1, Clause 3).
  • Leaders who cease to hold their positions will also retain their previous position allowances until April 2011; if they retire according to the notification of the competent authority, they will continue to enjoy their current allowances (Article 1, Clause 4).
  • This Circular takes effect from April 1, 2009 (Article 2, Clause 1).
  • The Chairman of the People's Committee of provinces and centrally-administered cities shall be responsible for implementing this Circular (Article 2, Clause 2).
  • Any issues arising during the implementation should be reported by provinces and centrally-administered cities to the Ministry of Home Affairs for resolution (Article 2, Clause 3).

🌐 本文件的社会影响

  • Positive impact: Helps stabilize morale and attract talent to remain in service during the transition period.
  • Negative impact: May create policy disadvantages for those not holding leadership positions.

❓ 常见问题

When will leaders who are appointed to new positions with lower allowances retain their previous allowances?

Until April 2011 (Clause 3 of Article 1).

Will leaders who cease to hold their positions retain their previous allowances?

Yes, they will retain them until April 2011. If they retire according to the notification of the competent authority, they will continue to enjoy their current allowances (Clause 4 of Article 1).

To whom does this Circular apply?

Cadres currently holding leadership positions in localities implementing the pilot program for not organizing People's Councils at district, town, and ward levels (Articles 1 and 2).

When does this Circular take effect?

It takes effect from April 1, 2009 (Clause 1 of Article 2).

Who will be responsible for resolving any issues that arise during the implementation of this Circular?

Provinces and centrally-administered cities shall report any issues to the Ministry of Home Affairs for study and resolution (Clause 3 of Article 2).

全文

MINISTRY OF HOME AFFAIRS

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 04/2009/TT-BNV
Hanoi, April 29, 2009

CIRCULAR
Amending Clause 3 and Clause 4 of Article 5 of Circular No. 02/2009/TT-BNV dated March 19, 2009 of the Ministry of Home Affairs guiding the implementation of the pilot program to not organize People's Councils at district, town, and ward levels.
______________________________________
Pursuant to Resolution No. 26/2008/QH12 dated November 15, 2008 of the National Assembly of the XIIth term on implementing the pilot program to not organize People's Councils at district, town, and ward levels;
Pursuant to Resolution No. 724/2009/UBTVQH12 dated January 16, 2009 of the Standing Committee of the National Assembly on the list of districts, towns, and wards of provinces and centrally-administered cities participating in the pilot program to not organize People's Councils at district, town, and ward levels;
Pursuant to Resolution No. 725/2009/UBTVQH12 dated January 16, 2009 of the Standing Committee of the National Assembly on adjusting the tasks, powers, and responsibilities of People's Councils and People's Committees at provincial and centrally-administered city levels and defining the tasks, powers, organizational structure of People's Committees at district, town, and ward levels where there are no People's Councils;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decision No. 241/QĐ-TTg dated February 23, 2009 of the Prime Minister approving the Plan for Implementing Resolution No. 26/2008/QH12 dated November 15, 2008 on implementing the pilot program to not organize People's Councils at district, town, and ward levels;
Pursuant to the situation of implementation, feedback, and requests from localities participating in the pilot program submitted to the Central Steering Committee for the Pilot Program to Not Organize People's Councils at District, Town, and Ward Levels;
After exchanging opinions with the Ministry of Finance, the Ministry of Home Affairs guides the amendment of Clause 3 and Clause 4 of Article 5 of Circular No. 02/2009/TT-BNV dated March 19, 2009 of the Ministry of Home Affairs guiding the implementation of the pilot program to not organize People's Councils at district, town, and ward levels as follows:

Article 1. Amending Clause 3 and Clause 4 of Article 5 on the system and policies for cadres during the implementation of the pilot program

"3. In cases where individuals holding positions as specified in Clause 2 of this Article are appointed to other leadership positions, if the new position allowance is lower than the previous position allowance, they shall retain the previous position allowance until the end of April 2011;

4. In cases where individuals holding positions as specified in Clause 2 of this Article cease to hold leadership positions, they shall retain the previous position allowance until the end of April 2011. If they cease to hold the position to retire according to the notification of the competent authority, they shall retain the current leadership position allowance;"

Article 2. Effective Date

1. This Circular takes effect from April 1, 2009.

2. The Chairperson of the People's Committee of provinces and centrally-administered cities participating in the pilot program to not organize People's Councils at district, town, and ward levels shall be responsible for implementing this Circular.

3. During the implementation process, if there are difficulties, the provinces and centrally-administered cities shall report them to the Ministry of Home Affairs for study and resolution.

THE MINISTER
(Signed)
Tran Van Tuan
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04/2009/TT-BNV
Circular No. 04/2009/TT-BNV amends Clause 3 and Clause 4 of Article 5 of Circular No. 02/2009/TT-BNV dated March 19, 2009, issued by the Ministry of Home Affairs guiding the implementation of the pilot program for not organizing People's Councils at district, town, and ward levels.
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