Decree No. 09/1998/ND-CP Amending and Supplementing Decree No. 50/CP dated July 26, 1995 of the Government on the living allowance system for commune, ward, and town cadres

DECREE OF THE GOVERNMENT

Amending and supplementing Decree No. 50/CP dated July 26, 1995
of the Government on living allowances for cadres at commune, ward, and town levels

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Resolution No. 99/CP dated September 15, 1997 of the Government;

Pursuant to the opinions of the Standing Committee of the Central Party Organization at the notification No. 32/CV-VPTW dated January 9, 1998 of the Central Party Office;

At the proposal of the Minister, Head of the Organization-Cadre Department of the Government,

DECREE:

Article 1. Now stipulates the number of cadres engaged in party work, administrative work, mass organizations (Women's Union, Farmers' Association, Veterans' Association, Ho Chi Minh Communist Youth Union) at commune, ward, town (hereinafter referred to as commune) levels entitled to subsistence allowances as follows:

Communes with less than 10,000 inhabitants: 17 to 19 cadres.

Communes with from 10,000 to 20,000 inhabitants: 19 to 21 cadres.

Communes with more than 20,000 inhabitants, for every additional 3,000 inhabitants, one additional cadre, but not exceeding 25 cadres in total.

Article 2. In accordance with the provisions of Article 1 above, the People's Committee of provinces and centrally governed cities shall base on population size, area, socio-economic characteristics, territorial regions (mountainous communes, border areas, islands...), local budget sources, and guidelines of the relevant ministries to specify the specific number suitable for each type of commune, including four specialized positions: Land Administration, Judiciary, Finance-Accounting, and People's Committee Office.

Article 3. The monthly subsistence allowance for cadres engaged in party work, administrative work, mass organizations is as follows:

1. Secretary of the commune Party Committee: VND 270,000/month.

2. Deputy Secretary of the commune Party Committee, Chairman of the People's Council of the commune (where the Secretary of the commune Party Committee does not concurrently hold the position of Chairman of the People's Council of the commune), Chairman of the People's Committee of the commune: VND 260,000/month.

3. Deputy Chairman of the People's Council of the commune, Deputy Chairman of the People's Committee of the commune, Chairman of the Mass Front, Heads of mass organizations (Women's Union, Farmers' Association, Veterans' Association, Ho Chi Minh Communist Youth Union), Head of the commune militia, Chief of the commune police station: VND 240,000/month.

4. Members of the People's Committee of the commune: VND 230,000/month.

5. Other positions under the People's Committee: VND 210,000/month. Cadres holding the aforementioned four specialized positions shall enjoy subsistence allowances according to their professional grade, and if they have not obtained a professional qualification certificate through training, they shall receive VND 154,000/month.

6. Cadres specified in Points 1, 2, 3, 4, and 5 of Article 3 above shall be entitled to an additional 5% of their current monthly subsistence allowance as follows: For cadres re-elected for a second term after five years. For the aforementioned four specialized cadres who already receive subsistence allowances according to their professional grade, they shall not be entitled to the additional 5% allowance.

7. For Deputy Chairmen of the Mass Front and Deputies of mass organizations (Women's Union, Ho Chi Minh Communist Youth Union, Farmers' Association, Veterans' Association), activity fees from the regular budget of the commune shall be allocated, the amount of which is decided by the Provincial People's Council based on the proposal of the Provincial People's Committee Chairman.

8. Cadres under state establishment strengthened to communes shall enjoy all current state policies and benefits as civil servants. These cadres shall be included in the total number of commune cadres as stipulated in Article 1 of this Decree.

Article 4. Commune cadres entitled to subsistence allowances as specified in Points 1, 2, 3, 4, and 5 of Article 3 of this Decree, when retiring, shall be entitled to the following retirement benefits:

a) Male cadres aged 55 and female cadres aged 50, with continuous service of 15 years or more, and social insurance contributions of 15 years or more, shall receive a monthly retirement benefit equivalent to 15% of their monthly subsistence allowance (of which commune cadres contribute 5% and the state budget contributes 10%). The monthly retirement benefit for the first 15 years is equal to 45% of the average monthly subsistence allowance of the last five years before retirement; for each additional year of service and social insurance contribution beyond 15 years, an additional 2% is added, but the maximum monthly retirement benefit shall not exceed 75% of the average monthly subsistence allowance of the last five years before retirement.

b) In cases where cadres retire before completing 15 years of continuous service and social insurance contributions, they shall receive a one-time retirement benefit; each year of service entitles them to one month's subsistence allowance calculated based on the average of the last five years before retirement. The Chairman of the Provincial People's Committee, centrally governed city, shall decide on the cadres entitled to these retirement benefits, and the Vietnam Social Security shall implement the retirement benefits for commune cadres in accordance with this Decree.

Article 5. Commune cadres are entitled to training, professional development, travel expenses, and rewards as prescribed by the State, and funeral expenses.

Article 6. The funds to implement the benefits prescribed in this Decree shall be sourced from the state budget allocated to the commune budget.

Article 7. The subsistence allowance regime prescribed in this Decree shall take effect from January 1, 1998; any provisions in Decree No. 50/CP dated July 26, 1995 of the Government regarding the subsistence allowance regime for commune cadres that conflict with this Decree shall be abolished.

Article 8. The Government Organizational and Cadre Affairs Department, Ministry of Finance, Ministry of Labor, Invalids and Social Affairs shall coordinate with the Central Party Organization Department to guide the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.