Decree No. 121/2003/ND-CP On the system and policies for cadres and civil servants at commune, ward, and town levels

DECREE OF THE GOVERNMENT

Regarding the system and policies for cadres and civil servants at communes, wards, and towns

______________________

THE GOVERNMENT 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Servant Ordinance dated February 26, 1998 and the Ordinance Amending and Supplementing Certain Articles of the Civil Servant Ordinance dated April 29, 2003;

At the request of the Minister of Home Affairs,

DECREE:

Article 1. Scope of Application

This Decree stipulates the number of commune, ward, and town cadres and civil servants (hereinafter referred to collectively as commune-level cadres and civil servants); it sets forth the system and policies for commune-level dedicated cadres and civil servants, the system for commune-level non-dedicated cadres and village, hamlet, ấp, bản, buôn, sóc cadres in communes and neighborhood committee cadres in wards and towns (hereinafter referred to collectively as villages and neighborhood committees).

Article 2. Scope of Application

This Decree applies to the following subjects:

1. Commune-level dedicated cadres include:

a) Secretary, Deputy Secretary of the Party Committee, and the Standing Committee of the Party Committee at the commune level (where there is no dedicated Deputy Secretary working in the Party); Secretary, Deputy Secretary of the Branch Committee at the commune level (where the Party Committee at the commune level has not been established);

b) Chairperson, Deputy Chairperson of the People's Council;

c) Chairperson, Deputy Chairperson of the People's Committee;

d) Chairperson of the Vietnam Fatherland Front;

đ) Secretary of the Ho Chi Minh Communist Youth Union, Chairperson of the Women's Union, Chairperson of the Farmers' Association, and Chairperson of the Veterans' Association;

2. Commune-level civil servants include:

a) Chief of Public Security (where regular public security forces have not been assigned);

b) Military Commander;

c) Office - Statistics;

d) Land Administration - Construction;

đ) Finance - Accounting;

e) Justice - Household Registration;

g) Culture - Social Affairs.

3. Commune-level non-dedicated cadres include:

a) Head of the Party Organization Department, Head of the Party Inspection Committee, Head of the Propaganda Department, and one cadre of the Party Committee Office;

b) Deputy Chief of Public Security (where regular public security forces have not been assigned);

c) Deputy Military Commander;

d) Cadre of planning - traffic - water resources - agriculture, forestry, fishery, salt industry;

đ) Cadre of labor - war invalids and social affairs;

e) Cadre of population - family and children;

g) Cashier - secretary - archives;

h) Cadre responsible for the radio station;

i) Cadre managing the cultural house;

k) Deputy Chairperson of the Vietnam Fatherland Front; Deputy heads of mass organizations at the commune level: Ho Chi Minh Communist Youth Union, Women's Union, Farmers' Association, Veterans' Association;

l) Chairperson of the Elderly Association; Chairperson of the Red Cross Society of Vietnam.

4. Non-dedicated cadres in villages and neighborhood committees include: Secretary of the Branch Committee in the village; head of the village; public security officer in the village and Secretary of the Branch Committee, neighborhood committee head in wards and towns.

Article 3. Number of dedicated cadres and civil servants at the commune level

The number of dedicated cadres and civil servants at the commune level specified in Clause 1 and 2 of Article 2 of this Decree shall be as follows:

1. For plains communes, wards, and towns:

Under 10,000 residents, up to 19 cadres and civil servants shall be arranged;

From 10,000 residents and above, for every additional 3,000 residents, one additional cadre or civil servant shall be arranged, but the maximum shall not exceed 25 cadres and civil servants.

2. For mountainous communes, highland areas, remote areas, and islands:

Under 1,000 residents, up to 17 cadres and civil servants shall be arranged;

From 1,000 to under 5,000 residents, up to 19 cadres and civil servants shall be arranged;

From 5,000 residents and above, for every additional 1,500 residents, one additional cadre or civil servant shall be arranged, but the maximum shall not exceed 25 cadres and civil servants.

3. The arrangement of additional cadres and civil servants at each commune shall increase according to the number of residents, decided by the Chairman of the Provincial People's Committee in accordance with the guidelines of the Ministry of Home Affairs.

Article 4. Salary System for Dedicated Cadres and Civil Servants at the Commune Level

1. Commune-level dedicated cadres specified in Clause 1 of Article 2 of this Decree shall enjoy the salary system as follows:

a) Secretary of the Party Committee, Secretary of the Branch Committee at the commune level (where the commune-level Party Committee has not been established): coefficient 2.0 of the minimum wage;

b) Deputy Secretary of the Party Committee, Deputy Secretary of the Branch Committee at the commune level (where the commune-level Party Committee has not been established), Chairperson of the People's Council, Chairperson of the People's Committee: coefficient 1.9 of the minimum wage;

c) Deputy Chairperson of the People's Council, Deputy Chairperson of the People's Committee, Standing Committee of the Party Committee (where there is no dedicated Deputy Secretary working in the Party), Chairperson of the Vietnam Fatherland Front: coefficient 1.8 of the minimum wage;

d) Secretary of the Ho Chi Minh Communist Youth Union, Chairperson of the Women's Union, Chairperson of the Farmers' Association, Chairperson of the Veterans' Association: coefficient 1.7 of the minimum wage;

đ) If these positions are re-elected, from the second term onwards (from month 61 onwards), they shall enjoy an additional monthly allowance of 5% based on the wage rate of the position held;

e) In cases where commune-level civil servants are elected to hold positions as specified in Clause 1 of Article 2 of this Decree, if their salary grade is lower than the salary grade of the current professional post, they shall enjoy the salary of the elected position and retain the difference between the professional salary grade and the elected position salary grade;

2. Commune-level civil servants specified in Clause 2 of Article 2 of this Decree shall enjoy the salary system as follows:

a) Commune-level civil servants who have graduated from university or higher education in a relevant field shall be paid according to the administrative pay scale, specialist rank; those who have graduated from college in a relevant field shall be paid according to the assistant rank; those who have graduated from secondary school in a relevant field shall be paid according to the clerk rank. They shall be promoted according to the years of service like other civil servants at the equivalent rank at the district level or higher;

b) Those currently undergoing probation as commune-level civil servants shall be paid 85% of the salary according to the corresponding civil servant ranks; the period of probationary salary shall be implemented according to the current regulations of the State;

c) Commune-level civil servants currently working without having completed the required professional training shall be paid: a salary coefficient equal to 1.09 times the minimum wage;

d) Specifically, for the Chief of Public Security and Military Commander, they shall be paid according to the position salary; if it is lower than the current living allowance, the difference shall be retained until the end of 2005, after which they shall be paid according to the position salary.

Article 5. Social insurance and health insurance regime

1. Full-time officials and commune-level civil servants shall implement the social insurance regime according to the Social Insurance Charter issued together with Government Decree No. 12/CP dated January 26, 1995, and Government Decree No. 01/2003/NĐ-CP dated January 9, 2003 on amending and supplementing certain provisions of the Social Insurance Charter issued together with Government Decree No. 12/CP dated January 26, 1995. They shall also implement the health insurance regime according to the Health Insurance Charter issued together with Government Decree No. 58/1998/NĐ-CP dated August 13, 1998; when they reach the retirement age as stipulated in the Labor Code and have contributed to social insurance for at least 15 years, they shall be entitled to the pension regime.

2. When full-time officials at the commune level cease their duties, if they have contributed to social insurance for at least 10 years, are still short of up to 5 years until reaching the retirement age, have not received a lump-sum payment from social insurance, and voluntarily continue to contribute 15% of their monthly salary before ceasing their duties to the social insurance agency where they reside until they meet the required social insurance contribution period and reach the retirement age, they shall be entitled to the pension regime.

Article 6. Application regime for full-time officials and commune-level civil servants who are currently receiving the pension regime or disability allowance

Full-time officials and commune-level civil servants who are currently receiving the pension regime or disability allowance shall receive 40% of the position salary as stipulated in Clause 1, Article 4 of this Decree from January 1, 2005, and shall not be required to contribute to social insurance or health insurance.

Article 7. Subsidy regime for non-full-time officials at the commune level, village level, and neighborhood level

Non-full-time officials at the commune level, village level, and neighborhood level shall receive a monthly subsidy.

Based on the actual situation of the locality, the People's Committee of the province shall decide specifically the number of non-full-time officials for each commune, ward, town, and the specific subsidy amount for each non-full-time official position.

Article 8. Training and Capacity Building

When full-time officials, commune-level civil servants, and non-full-time officials at the commune level, village level, and neighborhood level are assigned to training and capacity building, they shall enjoy the same benefits as officials and civil servants at higher levels assigned to such activities. For full-time officials, commune-level civil servants, and non-full-time officials at the commune level and villages in highland, deep, remote, border, and island areas, all educational expenses, accommodation, and travel costs shall be covered.

Article 9. Source of funds for implementing the regime and policies

The source of funds for implementing the regimes for the subjects specified in this Decree shall be carried out in accordance with the provisions of the State Budget Law and current guiding documents of the State Budget Law.

Article 10. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette.

This Decree replaces Government Decree No. 50/CP dated July 26, 1995, and Government Decree No. 09/1998/NĐ-CP dated January 23, 1998, which amended and supplemented Government Decree No. 50/CP dated July 26, 1995, regarding living expense allowances for commune, ward, and town officials.

Abolish the regimes prescribed for commune, ward, and town officials in Article 12 of Government Decree No. 40/1999/NĐ-CP dated June 23, 1999, concerning commune police; Paragraph 3, Clause 1 and Paragraph 1, Clause 3 of Article 1 of Government Decree No. 46/2000/NĐ-CP dated September 12, 2000, amending and supplementing certain provisions of Government Decree No. 35/CP dated June 14, 1996, detailing the implementation of the Self-Defense Militia Ordinance.

Article 11. Responsibility for Implementation

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and relevant ministries and sectors to guide the implementation of this Decree.

Article 12. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.