Circular No. 13/2019/TT-BNV guiding certain provisions on village-level cadres, civil servants, and non-professional staff at the commune level and in villages and residential wards.

CIRCULAR

Guidelines on certain provisions regarding village-level cadres and civil servants and non-professional staff at the village level, ward level, and neighborhood level

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on titles, number, and some regulations and policies for village-level cadres and civil servants and non-professional staff at the village level;

Pursuant to Decree No. 112/2011/NĐ-CP dated December 5, 2011 of the Government on village-level civil servants;

Pursuant to Decree No. 34/2019/NĐ-CP dated April 24, 2019 of the Government amending and supplementing certain provisions on village-level cadres and civil servants and non-professional staff at the village level, ward level, and neighborhood level.

At the proposal of the Director of the Local Administration Department,

The Minister of Home Affairs issues this Circular guiding certain provisions on village-level cadres and civil servants and non-professional staff at the village level, ward level, and neighborhood level,

PART I

STANDARDS, TASKS AND RECRUITMENT OF VILLAGE-LEVEL CIVIL SERVANTS

Article 1. Specific standards

1. Village-level civil servants must meet all general standards prescribed in Article 3 of Decree No. 112/2011/NĐ-CP dated December 5, 2011 of the Government on village-level civil servants (hereinafter referred to as Decree No. 112/2011/NĐ-CP) and specific standards as follows:

a) Age: At least 18 years old;

b) General education level: High school graduate;

d) Information technology proficiency: Hold a certificate of information technology usage according to the basic information technology skills standard prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications.

2. Based on the standards of village-level civil servants stipulated in Clause 1 of this Article and the actual conditions of the locality, the People's Committee of the province shall decide:

a) Relevant fields of study that meet the requirements and tasks of each position of village-level civil servants in each recruitment period;

b) Develop training plans for each position of village-level civil servants on state administration management, political theory; foreign languages, and ethnic minority languages (for areas where ethnic minority languages must be used in public service activities).

3. The provisions of Decree No. 34/2019/NĐ-CP and this Circular serve as the basis for the provincial and district People's Committees to organize the implementation of planning, sourcing, training, recruitment, implementing policies or reducing staffing levels. For civil servants recruited before this Circular takes effect who have not yet met the standards set out in Clause 1 of this Article, they must meet the requirements within five years from the date this Circular takes effect.

Article 2. Duties of each position of commune-level civil servant

1. Head of Commune Police

a) Advise and assist the Commune People's Committee to organize the implementation of tasks and powers of the Commune People's Committee in the fields of security, public order, and social safety within the jurisdiction as prescribed by law;

b) Directly perform tasks as prescribed by law on commune police and related documents issued by competent authorities;

c) Perform other tasks assigned by the Chairman of the Commune People's Committee;

d) For towns that have not been allocated regular police forces, the Head of Town Police shall perform tasks as stipulated in points a, b, and c of this Article;

đ) For communes and towns with regular police officers assigned to the position of Commune Police, the duties of regular Commune Police shall be carried out in accordance with specialized laws;

2. Chief of the Commune Military Command

a) Perform tasks as prescribed by law on national defense and other relevant regulations;

b) Perform other tasks assigned by the Chairman of the Commune People's Committee;

3. Office - Statistics Civil Servant

a) Advise and assist the Commune People's Committee to organize the implementation of tasks and powers of the Commune People's Committee in the fields of office work, statistics, administrative reform, commendation, reward, and discipline as prescribed by law;

b) Directly perform the following tasks:

Develop and monitor the implementation of programs, plans, regular and emergency schedules of the People's Council and its Standing Body;

Assist the Standing Body of the People's Council and the Commune People's Committee to organize sessions; prepare conditions to serve sessions and activities of the People's Council and the Commune People's Committee;

Assist the Chairman of the Commune People's Committee to organize citizen reception; implement clerical work, archive management, single-window mechanism, electronic government construction; control administrative procedures, collect, compile, and manage databases according to sectors within the jurisdiction; receive and transfer complaints and petitions to the Standing Body of the People's Council and the Commune People's Committee for consideration and resolution within their authority; summarize, monitor, and report on the implementation of the working regulations of the Commune People's Committee and implement grassroots democracy in accordance with the law;

Lead, coordinate, and monitor the implementation of socio-economic development plans; compile and statistically analyze the results of socio-economic development indicators as prescribed by law;

c) Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the Commune People's Committee;

4. Land Administration - Construction - Urban and Environment Civil Servant (for wards and towns) or Land Administration - Agriculture - Construction and Environment Civil Servant (for communes)

a) Advise and assist the Commune People's Committee to organize the implementation of tasks and powers of the Commune People's Committee in the fields of land, administrative boundaries, natural resources, environment, construction, urban areas, transportation, agriculture, and new rural construction as prescribed by law;

b) Directly perform the following tasks:

Collect information, compile data, record documents, and build reports on land, administrative boundaries, natural resources, environment, biodiversity, planning, construction, urban areas, transportation, agriculture, and new rural construction as prescribed by law;

Organize the mobilization of the people to apply scientific and technological advances in production and environmental protection within the jurisdiction;

Participate in technical supervision of construction projects under the management of the Commune People's Committee;

Lead and coordinate with other civil servants to handle administrative procedures for receiving files and verifying the origin, registration status, and use of land, disputes over land, and changes in land within the jurisdiction; build files and documents on land and permits for renovation and construction of works and houses within the jurisdiction for the Chairman of the Commune People's Committee to decide or report to the higher-level People's Committee for consideration and decision as prescribed by law;

c) Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the Commune People's Committee;

5. Finance - Accounting Civil Servant

a) Advise and assist the Commune People's Committee to organize the implementation of tasks and powers of the Commune People's Committee in the fields of finance and accounting as prescribed by law;

b) Directly perform the following tasks:

Develop the budget revenue and expenditure plan at the commune level for approval by the competent authority; organize the implementation of the budget revenue and expenditure plan and measures to exploit revenue sources within the jurisdiction;

Implement financial and budgetary activities in accordance with the guidance of the higher-level financial agency; settle the commune budget and submit financial and budget reports in accordance with the law;

Implement budget accounting (commune budget revenue and expenditure accounting, special-purpose fund accounting, other financial activities accounting, cash accounting, deposit accounting, payment accounting, inventory and asset accounting...) as prescribed by law;

Lead and coordinate with other civil servants to manage state assets; inspect and settle investment construction projects under the management of the Commune People's Committee as prescribed by law;

c) Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the Commune People's Committee;

6. Judicial - Civil Status Civil Servant

a) Advise and assist the Commune People's Committee to organize the implementation of tasks and powers of the Commune People's Committee in the fields of judiciary and civil status as prescribed by law;

b) Directly perform the following tasks:

Popularize and educate the law; manage the legal library, build a commune meeting legal access standards; organize services for citizens to study the law; monitor the enforcement of the law and organize the collection of opinions from citizens in the commune on participating in law building;

Review and audit legal normative documents of the People's Council and the Commune People's Committee to report to the competent authority for consideration and decision; participate in civil execution work within the jurisdiction;

Implement judicial tasks related to civil status, notarization, certification, and monitoring nationality, adoption; population quantity and quality on the commune level according to the law; coordinate with social and cultural officials to guide the establishment of village regulations and community education work.

Chair and coordinate with other officials to carry out grassroots mediation work; handle administrative violations, assist the Commune People's Committee in building and managing civil status databases within the commune area.

c) Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the Commune People's Committee;

7. Social and Cultural Official

a) Advise and assist the Commune People's Committee in organizing the implementation of tasks and powers of the Commune People's Committee in fields such as culture, physical education and sports, tourism, information and communication, labor, war invalids and social affairs, health, education, beliefs, religions, ethnic groups, family, children, and youth as prescribed by law.

b) Directly perform the following tasks:

Organize, monitor, and report on cultural, physical education and sports, tourism, health, education, family, and child activities within the area; organize the implementation of community cultural life construction and civilized family construction within the area.

Carry out information and communication tasks regarding local socio-economic conditions.

Conduct demographic statistics, labor, employment, and occupational data within the area; monitor, compile, and report on the number and situation of changes in policy beneficiaries, war veterans, and society; beliefs, religions, ethnic groups, and youth; supervise and urge the implementation and payment of benefits for social policy recipients and war veterans; manage martyrs' cemeteries and memorials; implement social assistance activities and poverty reduction programs within the area.

Monitor food safety work; coordinate in implementing child protection and care work within the area.

Chair and coordinate with other officials and Village Chiefs, Ward Heads to establish village regulations and implement educational work within the area.

c) Perform other tasks as prescribed by specialized laws and assigned by the Chairman of the Commune People's Committee;

Article 3. Conditions for Registration to Apply

The conditions for registering to apply for commune-level civil servants shall be implemented according to the provisions of Article 6 of Decree No. 112/2011/NĐ-CP. Among them, there is no distinction between types of training, public or private institutions.

Article 4. Recruitment Regulations and Examination for Commune-Level Civil Servants

Based on the provisions of this Circular and relevant legal documents, the Department of Home Affairs advises the Provincial People's Committee to build and issue recruitment regulations for commune-level civil servants; guide the development of examination questions for commune-level civil servant recruitment.

Article 5. Announcement of Recruitment Results and Application Files of Successful Candidates

1. Announce the recognition of successful candidates according to the provisions of Clause 3, Article 19 of Decree No. 112/2011/NĐ-CP, amended and supplemented by Clause 10, Article 1 of Decree No. 34/2019/NĐ-CP must clearly specify the deadline for successful candidates to come to the Home Affairs Office of the District People's Committee where they applied to complete their successful application files.

2. The application file of successful commune-level civil servants includes:

a) A resume in the prescribed format, confirmed by the agency, organization, or unit where the person works or resides.

b) A copy of the birth certificate.

c) Copies of certificates authenticated by competent authorities. In cases where certificates are issued by foreign educational institutions, they must be translated into Vietnamese and recognized by the Ministry of Education and Training.

d) A health certificate issued by a medical institution meeting the conditions and within the validity period as stipulated.

đ) A criminal record certificate issued by the Department of Justice at the place of permanent residence.

Article 6. Conditions and criteria for recruiting civil servants at the commune level in special cases

1. The determination of graduation with honors or higher domestically and good standing or higher abroad shall be based on the classification stated on the graduation certificate.

2. In the case of special recruitment as prescribed in point b, Clause 1, Article 21 of Decree No. 112/2011/ND-CP, which has been amended and supplemented in Clause 12, Article 1 of Decree No. 34/2019/ND-CP, the applicant must have worked for five years (at least 60 months) in a job suitable to the requirements of the position of commune-level civil servant to be recruited (excluding the probationary period), and must have contributed to social insurance compulsorily. If there is non-continuous work experience and the person has not yet received a one-time social insurance benefit, such periods can be accumulated, including:

a) Public service employees who have worked as public service employees for at least five years (at least 60 months), calculated from the date of recruitment as a public service employee (excluding the probationary period);

b) Personnel receiving salaries in the armed forces (military, police) and personnel engaged in confidential work, who have worked for at least five years (at least 60 months) in the armed forces (military, police) or in confidential work, calculated from the date of the decision to officially recruit them into the military, police, or organizations of the confidential force;

3. Commune-level cadres holding positions as prescribed in Clause 1, Article 3 of Decree No. 92/2009/ND-CP, when they cease to hold the position of commune-level cadre, may be considered and accepted as commune-level civil servants without examination if they meet all the following criteria:

a) Meeting all the criteria stipulated in Article 1 of this Circular;

b) There are vacancies and positions for commune-level civil servants to be recruited;

c) They can immediately meet the requirements of the position of commune-level civil servant to be recruited;

d) In the case where they were not commune-level civil servants before being elected to hold the position of commune-level cadre, they must have held the position of commune-level cadre for at least five years (at least 60 months);

đ) At the time of acceptance, they are not under disciplinary review; under investigation, prosecution, trial, or within the period of disciplinary action or criminal responsibility pursuit.

4. When accepting commune-level civil servants without examination, the Chairman of the People's Committee at the district level must establish a Board to examine and assess, except in the case where the person was already a commune-level civil servant before being elected to hold the position of commune-level cadre.

Article 7. Documents of persons proposed for acceptance without examination and recruitment through examination as commune-level civil servants

1. The documents of persons proposed for acceptance as commune-level civil servants without examination and the documents for acceptance as commune-level civil servants through examination include:

a) A resume in the prescribed format, confirmed by the agency, organization, or unit where the person works or resides.

b) A copy of the birth certificate.

c) Certified copies of diplomas and certificates required for the position of commune-level civil servant applying for, certified by the competent authority;

d) A health certificate issued by a healthcare agency meeting the conditions and within the validity period as prescribed;

đ) A criminal record certificate issued by the Department of Justice at the place of permanent residence. For cases prescribed in Clause 2 and Clause 3 of Article 6 of this Circular, there is no requirement for a criminal record certificate;

e) A self-assessment and evaluation form by the person proposed for acceptance regarding political qualities, moral conduct, professional qualifications, expertise, work history, and awards received, with comments and confirmation by the head of the organization, institution, or unit where the person works;

g) In the case of recruitment as the Chief of the Military Command of the commune, there must be a written opinion of the Chief of the Military Command of the district;

h) Decisions approving and recognizing the holding of positions and ranks of commune-level cadres, or recruitment as public service employees, armed forces...; decisions on salary grading or appointment to rank and profession; confirmation of social insurance contributions; the most recent decision on salary increment.

2. The Chairman of the People's Committee at the district level is responsible for the conditions, criteria, qualities, professional qualifications, expertise, and documents of persons proposed for acceptance as commune-level civil servants without examination.

Article 8. Cases Exempted from Probation Period

1. Persons recruited to the position of commune-level civil servant: Office - Statistics; Land Administration - Construction - Urban and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes); Finance - Accounting; Justice - Household Registration; Culture - Social Affairs shall be exempted from the probation period if they meet all of the following conditions:

a) Having worked with mandatory social insurance contributions for a period equal to or longer than the probation period stipulated in Clause 2, Article 22 of Decree No. 112/2011/NĐ-CP corresponding to the position of commune-level civil servant being recruited;

b) During the period of work with mandatory social insurance contributions as specified in point a of this clause, the person recruited as a commune-level civil servant has performed tasks suitable for the duties of the position of commune-level civil servant being recruited.

2. Civil servants working in communes: mountainous areas, highlands, border areas, islands, island communes, remote areas, ethnic minority areas, areas with particularly difficult socio-economic conditions shall have their probation period paid at 100% of the initial grade salary according to their level of education. The probation period shall not be counted towards the time for salary increment based on years of service.

3. If persons recruited as commune-level civil servants do not meet the conditions stipulated in Clause 1 of this Article, they must undergo the probation period; the time spent performing the tasks specified in point b of Clause 1 of this Article (if any) shall be counted towards the probation period.

Chapter II

QUANTITY AND SOME MAIN POLICIES FOR COMMUNE-LEVEL CIVIL SERVANTS AND NON-STAFF ACTORS AT THE COMMUNE LEVEL, IN VILLAGE GROUPSCLEVEL OF THE COMMUNE AND NON-STAFFED PERSONNEL AT THE COMMUNE LEVEL, IN VILLAGE, AND IN RURAL AREA GROUPLEVEL OF THE COMMUNE AND PERSONS ACTING IN A NON-STAFF POSITION AT THE COMMUNE LEVEL, IN VILLAGE, AND IN RURAL AREA GROUP

Article 9. Allocation of Commune-Level Civil Servants

1. Each position of commune-level civil servant shall be allocated from one person upwards. The Provincial People's Committee shall specify the additional allocation of personnel for some positions of commune-level civil servants in accordance with the requirements and duties of each commune, ward, town (except for the positions of Chief of Police Station and Chief of Military Command Post at the commune level), but shall not exceed the total number of commune-level cadres and civil servants prescribed in Clause 1, Article 4 of Decree No. 92/2009/NĐ-CP which has been amended and supplemented in Clause 1, Article 2 of Decree No. 34/2019/NĐ-CP.

2. For positions of commune-level civil servants with two or more people assigned, when recruiting, recording personal history files and social insurance books must be consistent with the name of the position of commune-level civil servant as prescribed in Clause 2, Article 3 of Decree No. 92/2009/NĐ-CP.

3. Based on the decision of the Provincial People's Committee regarding the allocation of commune-level cadres and civil servants, the Chairman of the District People's Committee shall decide on recruitment, assignment, transfer, rotation, and allocation of personnel to fill the positions of commune-level civil servants in accordance with their specialized training and the requirements of the position of commune-level civil servant.

Article 10. Salary Classification for Cadres and Civil Servants at the Commune Level

1. Cadres and civil servants at the commune level who have graduated from specialized vocational training programs at the college level or higher shall implement salary classification as administrative civil servants prescribed in Table 2 (Table of Specialized Vocational Salaries for Cadres and Civil Servants in State Agencies) issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces, specifically as follows:

a) Cadres and civil servants at the commune level who have graduated from specialized vocational training programs at the bachelor's degree level or higher shall be classified under the specialist rank (applicable to Class A1 civil servants); those who have graduated from specialized vocational training programs at the college level shall be classified under the assistant rank (applicable to Class A0 civil servants); those who have graduated from specialized vocational training programs at the college level shall be classified under the staff rank (applicable to Class B civil servants) as prescribed in Article 9a of Circular No. 11/2014/TT-BNV dated October 9, 2014 of the Minister of Home Affairs on the positions, code numbers, and professional standards of administrative civil servant ranks, which has been amended and supplemented in Article 6, Clause 1 of Circular No. 05/2017/TT-BNV dated August 15, 2017 of the Minister of Home Affairs amending and supplementing certain articles of Circular No. 11/2014/TT-BNV;

b) Graduation certificates from specialized vocational training programs at the college level or higher shall be implemented in accordance with the regulations of the Ministry of Education and Training and the competent authority issuing the certificate.

2. In cases where during the course of work, cadres and civil servants at the commune level change their specialized vocational training qualifications as stipulated in Clause 4, Article 5 of Decree No. 92/2009/NĐ-CP which has been amended and supplemented in Clause 2, Article 2 of Decree No. 34/2019/NĐ-CP, if they have self-funded their studies (not sent by the competent authority) until the effective date of Decree No. 34/2019/NĐ-CP and have not yet received a graduation certificate for their specialized vocational training, they shall be classified under the new educational qualification from the date of receiving the graduation certificate; if they have already received a graduation certificate for their specialized vocational training, they shall be classified under the new educational qualification from the effective date of Decree No. 34/2019/NĐ-CP.

3. In cases where before being recruited as a commune-level civil servant, the person has undertaken work suitable for the position of commune-level civil servant and has made mandatory social insurance contributions (if there is a non-continuous period of work with mandatory social insurance contributions that has not yet received a one-time social insurance benefit, it can be accumulated), such time shall be considered as a basis for appropriate salary classification for the recruited position of commune-level civil servant.

4. On the basis of the provisions set forth in Clause 1, Clause 2, and Clause 3 of this Article, the Chairman of the People's Committee at the district level shall decide on the salary grade for each case involving changes in professional training qualifications, according to the principle and method of determining salary grades stipulated in Circular No. 79/2005/TT-BNV dated August 10, 2005, issued by the Minister of Home Affairs guiding the adjustment of salary grades for civil servants, public officials, and employees when changing jobs and cases transferred from military forces, cryptogram units, and state-owned enterprises to work in state agencies and state-run organizations; Circular No. 02/2007/TT-BNV dated May 25, 2007, issued by the Minister of Home Affairs guiding the determination of salary grades when upgrading job levels, transferring job levels, and transferring types of civil servants and employees, and other related documents.

Article 11. Concurrent Positions and Allowances for Concurrent Positions

1. A commune-level cadre may be concurrently assigned a position as a commune-level civil servant only if the commune-level cadre meets the conditions and standards for the position of a commune-level civil servant as prescribed in Decree No. 34/2019/NĐ-CP and this Circular.

2. The allowance for concurrent positions for commune-level cadres who meet the conditions to receive allowances for concurrent positions as stipulated in Clause 1 of Article 10 of Decree No. 92/2009/NĐ-CP, which has been amended and supplemented in Clause 3 of Article 2 of Decree No. 34/2019/NĐ-CP, is as follows:

a) Commune-level cadres currently classified under the salary scale for positions who concurrently hold the position of commune-level cadre shall receive an allowance for concurrent positions equal to 50% of the first-grade salary of the concurrently held position;

b) Commune-level cadres currently classified as administrative civil servants and receiving leadership position allowances who concurrently hold the position of commune-level cadre shall receive an allowance for concurrent positions equal to 50% of the first-grade salary of the current administrative civil service rank plus the leadership position allowance of the concurrently held position;

c) Commune-level cadres who concurrently hold the position of commune-level civil servant shall receive an allowance for concurrent positions equal to 50% of the first-grade salary of the current administrative civil service rank of the commune-level cadre assigned to concurrently hold the position.

3. Commune-level cadres and civil servants concurrently holding the position of non-professional workers at the commune level shall receive an allowance for concurrent positions. The allowance for concurrent positions for non-professional workers at the commune level shall be determined by the People's Committee at the provincial level and submitted to the Provincial People's Council for approval.

Article 12. Non-Professional Workers at the Commune Level

1. Based on Clause 2 of Article 14 of Decree No. 92/2009/NĐ-CP, which has been amended and supplemented in Clause 5 of Article 2 of Decree No. 34/2019/NĐ-CP, and the financial capacity of the locality (from sources of salary policy reform and the local budget), the People's Committee at the provincial level shall submit specific regulations concerning the following matters to the Provincial People's Council for approval:

a) Positions of non-professional workers at the commune level;

b) Allocation of the number of non-professional workers at the commune level not exceeding the provisions set out in Clause 4 of Article 2 of Decree No. 34/2019/NĐ-CP;

c) Specific regulations on the allowance for each position and the allowance for concurrent positions for non-professional workers at the commune level;

d) Specific regulations on the allocation of operating funds for political-social organizations at the commune level in accordance with the actual situation in the locality.

2. Regulations on benefits, standards, and quotas for non-professional workers at the commune level, outside the quota specified in Clause 1 of Article 14 of Decree No. 92/2009/NĐ-CP, which has been amended and supplemented in Clause 5 of Article 2 of Decree No. 34/2019/NĐ-CP, shall be proposed by the People's Committee at the provincial level and submitted to the Provincial People's Council for consideration and decision in accordance with Clause 3 of Article 21 of Decree No. 163/2016/NĐ-CP dated December 21, 2016, of the Government detailing the implementation of certain provisions of the Law on State Budget.

3. Non-professional workers at the commune level may concurrently hold the position of non-professional worker at the commune level.

Article 13. Persons engaged in non-professional activities at village and ward levels

1. The state budget shall allocate a subsidy fund equivalent to three times the basic salary level to pay monthly for persons engaged in non-professional activities in each village and ward. For the following villages, the subsidy fund shall be allocated at five times the basic salary level:

a) Villages with 350 households or more;

b) Villages located in key communes that are complex in terms of security and public order, as decided by competent authorities;

c) Villages located in border or island communes.

2. Regulations on benefits, standards, and quotas for persons engaged in non-professional activities, and those directly involved in activities at the village and ward levels, beyond the quota specified in Article 14a of Decree No. 92/2009/NĐ-CP, amended and supplemented by Clause 6, Article 2 of Decree No. 34/2019/NĐ-CP, shall be proposed by the People's Committee of the province to the People's Council at the same level for consideration and decision in accordance with Clause 3, Article 21 of Decree No. 163/2016/NĐ-CP dated December 21, 2016, detailing certain provisions of the State Budget Law.

Article 14. Resolution of certain issues regarding policies for cadres, civil servants, and persons engaged in non-professional activities at commune level

Regarding the policy for surplus commune-level cadres and civil servants due to overstaffing as stipulated in Clause 1, Article 4 of Decree No. 92/2009/NĐ-CP, amended and supplemented by Clause 1, Article 2 of Decree No. 34/2019/NĐ-CP, and surplus persons engaged in professional activities due to overstaffing as stipulated in Clause 4, Article 2 of Decree No. 34/2019/NĐ-CP, and surplus commune-level civil servants who do not meet the required criteria as stipulated in this Circular, the Chairman of the People's Committee of the district shall compile and propose to the Chairman of the People's Committee of the province to implement as follows:

1. Streamlining staffing according to Decree No. 108/2014/NĐ-CP dated November 20, 2014, on streamlining staffing policies, and Decree No. 113/2018/NĐ-CP dated August 31, 2018, amending and supplementing certain articles of Decree No. 108/2014/NĐ-CP.

2. Resolving termination of employment according to the Civil Servants and Public Officials Law; early retirement; and taking leave pending retirement age as stipulated in Decree No. 26/2015/NĐ-CP dated March 9, 2015, on regulations and policies for officials who do not meet the age requirements for re-election or reappointment to positions within the term of office in the Communist Party of Vietnam, State agencies, and political-social organizations.

3. Reassigning or supplementing to communes, wards, towns within the district or other districts within the province; or converting to civil servants at the district level or higher according to Decree No. 161/2018/NĐ-CP dated November 29, 2018, amending and supplementing certain provisions on recruitment of civil servants and public officials, promotion of civil servant ranks, upgrading of public official grades, and implementation of contracts for certain types of work in administrative state agencies and public service units.

4. Based on the provisions of Article 21 of Decree No. 163/2016/NĐ-CP dated December 21, 2016, detailing certain provisions of the State Budget Law, and the financial capacity of the locality, the People's Committee of the province shall submit to the People's Council at the same level for consideration and decision on providing support for termination of employment for surplus commune-level persons engaged in non-professional activities.

Chapter III

EFFECTIVE DATE AND IMPLEMENTATION

Article 15. Effective Date

1. This Circular takes effect from December 25, 2019.

2. Abolish the following points, clauses, articles, and documents:

a) Circular No. 06/2012/TT-BNV dated October 30, 2012, issued by the Minister of Home Affairs guiding the responsibilities, specific criteria, and recruitment of civil servants at commune, ward, and town levels;

b) The contents stipulated in Article 1; point a, Clause 2, Article 2; Clauses 1, 2, and 3, Article 3; Clause 3, point a, Clause 4, Article 6, and Article 9 of the Joint Circular No. 03/2010/TTLT-BNV-BTC-BLĐTB&XH dated May 27, 2010, issued by the Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decree No. 92/2009/NĐ-CP dated October 22, 2009, on titles, number, and some policies for cadres and civil servants at commune, ward, and town levels and persons engaged in non-professional activities at the commune level.

Article 16. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

2. In the course of implementation, if there are any difficulties, please report to the Ministry of Home Affairs for review and resolution./.