Decree No. 33/2023/ND-CP on cadres and civil servants at commune level and non-professional staff at commune, village, and ward levels

DECREE
Regulations on village-level cadres and civil servants and non-professional workers at the village level, in hamlets, and neighborhood associations

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Based on the Militia Self-Defense Law dated November 22, 2019;

Pursuant to Resolution No. 104/2023/QH15 dated November 10, 2023 of the National Assembly on the state budget estimate for 2024;

Pursuant to the Health Insurance Law dated November 14, 2008;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Health Insurance Law dated June 13, 2014;

Based on the Household Registration Law dated November 20, 2014;

Pursuant to the Accounting Law dated November 20, 2015;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree stipulating village-level cadres and civil servants and non-professional workers at the village level, in hamlets, and neighborhood associations.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates positions, titles, quantity, standards, tasks, systems, policies; elections, recruitment, utilization, and management for village-level cadres and civil servants and non-professional workers at the village level, in hamlets, and neighborhood associations.

Article 2. Applicability

1. Village-level cadres as prescribed in Clause 3 Article 4 and Article 61 of the Civil Servant Law 2008 (amended and supplemented in 2019).

2. Non-professional workers at the village level, in hamlets, and neighborhood associations.

Article 3. Principles for managing village-level cadres and civil servants and non-professional workers at the village level, in hamlets, and neighborhood associations

1. Ensuring unified leadership by the Party Committee.

2. Ensuring the principle of centralized democracy and promoting the role and responsibility of the head of the agency, organization, or unit.

3. Combining position standards, titles, quantity, and job positions of village-level cadres and civil servants; quantity and titles of non-professional workers at the village level, in hamlets, and neighborhood associations.

Article 4. Responsibilities of village-level cadres and civil servants and non-professional workers at the village level, in hamlets, and neighborhood associations

Village-level cadres and civil servants and non-professional workers at the village level, in hamlets, and neighborhood associations are responsible for implementing the provisions of this Decree, organizational charters, and relevant laws.

Chapter II
VILLAGE-LEVEL CIVIL SERVANTS

Section 1

POSITIONS, TITLES, QUANTITY OF VILLAGE-LEVEL CIVIL SERVANTS

Article 5. Positions, Titles

1. Village-level cadres as prescribed in Clause 1 Article 2 of this Decree have the following positions:

a) Secretary, Deputy Secretary of the Party Committee;

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

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

d) Chairman of the Vietnam Fatherland Front Committee;

đ) Secretary of the Ho Chi Minh Communist Youth Union;

e) Chairman of the Vietnam Women's Union;

g) Chairman of the Vietnam Farmers' Association (applicable to villages, towns, and townships with agricultural, forestry, fishery, and salt industry activities and with the Vietnam Farmers' Association);

h) Chairman of the Vietnam Veterans Association.

2. Village-level civil servants as prescribed in Clause 1 Article 2 of this Decree have the following titles:

a) Commander of the Military Command Post;

b) Office - Statistics;

c) Land Administration - Construction - Urban and Environmental Management (for towns and townships) or Land Administration - Agriculture - Construction and Environmental Management (for villages);

d) Finance - Accounting;

đ) Justice - Household Registration;

e) Culture - Social Affairs.

Article 6. Quantity of village-level cadres and civil servants

1. The quantity of village-level cadres and civil servants is calculated based on the type of administrative unit at the village level, specifically as follows:

a) For towns: Type I is 23 people; Type II is 21 people; Type III is 19 people;

b) For villages and townships: Type I is 22 people; Type II is 20 people; Type III is 18 people.

2. The Provincial People's Committee bases the additional number of civil servants at the village level on the population size and natural area of administrative units at the village level that exceed the standard specified in the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and classification of administrative units as follows:

a) For towns under districts, for every increase of one-third (one-third) of the specified population size, one additional civil servant is added. For other administrative units at the village level, for every increase of half (one-half) of the specified population size, one additional civil servant is added;

b) In addition to increasing civil servants according to the population size specified in point a of this clause, administrative units at the village level that increase their natural area by 100% of the specified standard will be granted one additional civil servant.

3. Population size (including both permanent residents and temporary residents converted to equivalent population) and natural area as of December 31 each year to determine the quantity of village-level cadres and civil servants as stipulated in Clause 2 of this Article shall be implemented according to the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and classification of administrative units.

If there is a change in the population size or natural area as stipulated in Clause 2 of this Article or a change in the type of administrative unit as of December 31 each year, the Provincial People's Committee shall submit to the same-level People's Council for consideration and adjustment of the total quantity of village-level cadres and civil servants (for the entire provincial administrative unit) in accordance with the regulations.

4. Annually, the Provincial People's Committee shall submit to the same-level People's Council for decision on the quantity of village-level cadres and civil servants for each administrative unit at the district level within its jurisdiction, in line with practical requirements, but must ensure that the total quantity of village-level cadres and civil servants in all district-level administrative units does not exceed the total quantity of village-level cadres and civil servants for the entire provincial administrative unit as stipulated in Clauses 1 and 2 of this Article.

5. Annually, the District People's Committee decides on the specific quantity of cadres and civil servants in each administrative unit at the village level and arranges the quantity of civil servants for each title of village-level civil servants within its jurisdiction in line with the requirements and tasks of each administrative unit at the village level. The quantity of cadres and civil servants in each administrative unit at the village level may be lower than the level III village or higher than the level I village as stipulated in Clause 1 of this Article, but must ensure that it does not exceed the total quantity of village-level cadres and civil servants for the entire district-level administrative unit assigned by the Provincial People's Council.

6. The quantity of village-level cadres and civil servants stipulated in this Article includes those who are currently enjoying retirement benefits or disability allowances and are elected to hold village-level cadre positions, and cadres and civil servants transferred, reassigned, or seconded to the village level.

In the case of being transferred to serve as Deputy Chairman of the Village People's Committee, it shall be carried out in accordance with the Government's regulations on the quantity of Deputy Chairmen of the People's Committee and the procedures and formalities for election, resignation, removal, dismissal, reassignment, and demotion of members of the People's Committee.

Section 2
STANDARDS AND TASKS OF VILLAGE-LEVEL CIVIL SERVANTS

Article 7. General standards for cadres and civil servants at the commune level

1. The general standards for cadres and civil servants at the commune level shall be implemented in accordance with the current laws on cadres and civil servants, the charter of organizational structure, and the regulations of the Party and political-social organizations at the central level.

2. For civil servants who are the Chief of the Military Command Board at the commune level, in addition to the standards prescribed in Clause 1 of this Article, they must have the ability to coordinate with military units, public security forces, and other forces within their jurisdiction to participate in building the all-people national defense foundation, perform civil defense tasks; maintain national security, political stability, social order and safety, protect the Party, government, State property, and protect the lives and property of the people.

Article 8. Standards for each position of commune-level cadres

1. Secretary, Deputy Secretary of the Party Committee:

a) Age: When first assuming office, they must be at least old enough to complete one full term of office (60 months), except in special cases as decided by the competent authority managing cadres.

b) General education level: High school graduate;

c) Specialized knowledge and vocational training level: Bachelor's degree or higher. In cases where the Party Charter provides differently from the provisions of this Decree, the provisions of the Party Charter shall apply;

d) Political theory level: Graduate of a college program or equivalent or higher. In cases where the Party Charter provides differently from the provisions of this Decree, the provisions of the Party Charter shall apply;

đ) Other standards as prescribed by the Party and the competent authority managing cadres.

2. Chairman of the Vietnam Fatherland Front Committee, Secretary of the Ho Chi Minh Communist Youth Union, Chairman of the Vietnam Women's Union, Chairman of the Vietnam Farmers' Association, Chairman of the Vietnam Veterans Association at the commune level:

a) Age: As prescribed by law, the charter of organizational structure, and the regulations of political-social organizations at the central level.

b) General education level: High school graduate;

c) Specialized knowledge and vocational training level: Bachelor's degree or higher. In cases where the law or the charter of organizational structure provides differently from the provisions of this Decree, the provisions of that law or charter shall apply;

d) Political theory level: Graduate of a college program or equivalent or higher. In cases where the law or the charter of organizational structure provides differently from the provisions of this Decree, the provisions of that law or charter shall apply;

đ) Other standards as prescribed by the Party, political-social organizations at the central level, and the competent authority managing cadres.

3. Chairman, Vice-Chairman of the People's Council; Chairman, Vice-Chairman of the People's Committee:

a) Age: When first assuming office, they must be at least old enough to complete one full term of office (60 months), except in special cases as decided by the competent authority managing cadres.

b) General education level: High school graduate;

c) Specialized knowledge and vocational training level: Bachelor's degree or higher. In cases where the law provides differently from the provisions of this Decree, the provisions of that law shall apply;

d) Political theory level: Graduate of a college program or equivalent or higher;

đ) Other standards as prescribed by the Law on Local Administration Organization, relevant laws, the Party, and the competent authority managing cadres.

4. The Provincial People's Committee shall specify the specific standards for specialized knowledge and vocational training levels from college or higher for commune-level cadres working in mountainous, highland, border, island, isolated island, remote, ethnic minority areas, and areas with extremely difficult socio-economic conditions.

5. Based on the standards for each position of commune-level cadres prescribed in this Article, the Provincial People's Committee shall specify the specific standards for each position of commune-level cadres in accordance with the characteristics and requirements of each commune's tasks but must ensure that these standards are not lower than those prescribed in this Decree.

Article 9. Duties of each position at the commune-level cadres

1. Secretary of the Commune-level Party Committee

Lead and direct the implementation of the functions and tasks of the Party organization; together with the collective of the Party Committee and the Standing Committee of the Party Committee, lead comprehensively the political system at the grassroots level in implementing the Party's policies, regulations, and laws on the commune territory and perform the following tasks:

a) Chair and direct the development of working regulations, contents, and annual, quarterly, and monthly work plans of the Executive Board and the Standing Committee;

b) Assign tasks to members of the Executive Board and the Standing Committee;

c) Direct the development and approval of annual, quarterly, and monthly work plans and regular tasks of members of the Executive Board and the Standing Committee;

d) Inspect, urge, and coordinate the activities of members of the Executive Board and the Standing Committee in implementing programs and work plans;

đ) Monitor and evaluate the implementation of work plans by each member of the Executive Board and the Standing Committee;

e) Directly implement resolutions, conclusions of the Executive Board and the Standing Committee, and directives and resolutions of the Party and higher levels;

g) Sign documents according to the working regulations of the Executive Board and the Standing Committee;

h) Regularly or urgently report on the activities of the Executive Board and the Standing Committee to the superior Party body;

i) Direct the mid-year and year-end reviews and summaries of work as prescribed;

k) Represent the Executive Board and the Standing Committee of the Party Committee in working relations with agencies at the commune and higher levels; delegate tasks to the Deputy Secretary to perform duties when absent from the office according to the working regulations;

l) Be responsible for the use of financial resources and assets assigned by competent authorities to the Commune-level Party Committee according to regulations;

m) Convene and chair regular and urgent meetings;

n) Other tasks as prescribed by the Party, relevant laws, and competent management bodies;

2. Deputy Secretary of the Commune-level Party Committee

a) Perform tasks assigned by the Executive Board, the Standing Committee, and the Secretary of the Commune-level Party Committee;

b) Assist the Secretary of the Commune-level Party Committee in directing the activities of the Commune-level Party Committee within the assigned scope; sign documents when assigned; resolve matters of the Commune-level Party Committee when delegated by the Secretary of the Commune-level Party Committee;

c) Chair or participate in meetings when assigned by the Secretary of the Commune-level Party Committee; convene and chair regular and urgent meetings according to the assignment of the Secretary of the Commune-level Party Committee or according to the working regulations of the Executive Board and the Standing Committee;

d) Directly implement other instructions of the Secretary of the Commune-level Party Committee or according to the working regulations of the Executive Board and the Standing Committee;

đ) Other tasks as prescribed by the Party, relevant laws, and competent management bodies;

3. Chairman of the Commune-level People's Council

Lead and direct the activities of the Standing Body of the Commune-level People's Council and its Committees. Represent the Standing Body of the Commune-level People's Council in maintaining relations with the People's Committee, state agencies, the Standing Committee of the Vietnam Fatherland Front, affiliated organizations of the Vietnam Fatherland Front at the same level, other social organizations, and citizens. Perform tasks and powers as prescribed by law, the working regulations of the People's Council, and the following tasks:

a) Chair the development of working regulations, contents, and annual, quarterly, and monthly work plans of the Commune-level People's Council;

b) Assign tasks within the Standing Body of the Commune-level People's Council;

c) Direct the development and approval of annual, quarterly, and monthly work plans of the Standing Body of the Commune-level People's Council and its Committees;

d) Inspect, urge, and coordinate the activities of members of the Standing Body of the Commune-level People's Council in implementing programs and work plans;

đ) Monitor and evaluate the implementation of programs and work plans by each member of the Standing Body of the Commune-level People's Council;

e) Directly direct the implementation of resolutions and conclusions of the Standing Body of the Commune-level People's Council and state agencies at higher levels;

g) Sign documents according to regulations and the working regulations of the Commune-level People's Council;

h) Regularly report on the activities of the Commune-level People's Council and its Standing Body to higher levels;

i) Direct mid-year and year-end reviews and summaries of work as prescribed;

k) Represent the Commune-level People's Council and its Standing Body in working relations with agencies at the commune and higher levels; authorize the Deputy Chairman of the Commune-level People's Council to perform duties when absent from the office according to the working regulations of the Commune-level People's Council;

l) Be responsible for the use of financial resources and assets assigned by competent authorities to the Commune-level People's Council according to regulations;

m) Convene and chair regular and urgent meetings, sessions, and conferences;

n) Other tasks as prescribed by the Party, relevant laws, and competent management bodies;

4. Deputy Chairman of the Commune-level People's Council

a) Perform tasks assigned by the Standing Body of the People's Council and the Chairman of the Commune-level People's Council;

b) Assist the Chairman of the Commune-level People's Council in directing the activities of the Standing Body of the People's Council and its Committees within the assigned scope; sign documents and resolve matters of the Standing Body of the People's Council when authorized by the Chairman of the Commune-level People's Council;

c) Chair or participate in meetings when assigned by the Chairman of the Commune-level People's Council; convene and chair regular and urgent meetings according to the assignment of the Standing Body of the Commune-level People's Council or according to the working regulations of the Commune-level People's Council;

d) Other tasks as prescribed by the Party, relevant laws, and competent management bodies;

5. Chairman of the Commune-level People's Committee

a) Lead and manage the operations of the People's Committee and its members;

b) Direct, guide the implementation of tasks related to organization and ensuring the enforcement of the Constitution, laws, documents from higher state agencies, People's Councils, and People's Committees at the commune level; implement tasks related to national defense, security, maintaining social order and safety, combating crime and other violations of law; prevent and combat bureaucracy and corruption; organize the implementation of measures to protect assets of agencies and organizations, safeguarding the lives, freedoms, honors, personalities, properties, and other legitimate rights and interests of citizens; implement management measures for residents within the commune area according to the provisions of the law;

c) Manage and effectively organize the use of office space, property, working equipment, and state budget allocated according to the provisions of the law;

d) Resolve complaints, accusations, handle violations of the law, receive citizens according to the provisions of the law;

đ) Delegate authority to the Vice Chairman of the Commune People's Committee to perform duties and powers within the scope of authority of the Chairman of the Commune People's Committee;

e) Guide the implementation of measures to protect the environment, prevent fires and explosions; apply measures to resolve urgent and emergency matters in disaster prevention and control, disease prevention, security, and social order within the commune area according to the provisions of the law;

g) Perform duties and powers delegated and authorized by higher state agencies;

h) Other tasks as prescribed by the Party, the Law on Local Administration Organization, relevant laws, and competent authorities managing cadres;

6. Deputy Chairman of the Commune People's Committee

a) Directly lead areas and work fields assigned by the Chairman of the Commune People's Committee; proactively develop programs and plans to implement work according to assigned fields; exercise the powers of the Chairman of the Commune People's Committee when resolving issues and signing documents upon authorization by the Chairman of the Commune People's Committee;

b) Personally responsible before the Chairman of the Commune People's Committee for assigned work fields and decisions made; collectively responsible with the Chairman of the Commune People's Committee and other members of the Commune People's Committee before the Party Committee, People's Council, and higher-level People's Committee regarding all activities of the Commune People's Committee; report to the Chairman of the Commune People's Committee for examination and decision-making for issues exceeding their authority;

c) When handling work, if issues relate to the responsibilities of another Deputy Chairman of the Commune People's Committee, actively exchange and coordinate to reach a consensus; if disagreements persist, report to the Chairman of the Commune People's Committee for examination and decision;

d) Other tasks as prescribed by the Party, relevant laws, competent authorities managing cadres, and assignments by the Chairman of the Commune People's Committee;

7. Chairman of the Vietnam Fatherland Front Committee at the Commune Level

The Chairman of the Vietnam Fatherland Front Committee at the Commune Level directs and works together with members of the Standing Committee of the Vietnam Fatherland Front Committee at the Commune Level to perform the following tasks:

a) Convene and chair meetings and sessions of the Vietnam Fatherland Front Committee at the Commune Level;

b) Implement resolutions, annual and six-month coordination programs and unified actions of the Vietnam Fatherland Front Committee at the Commune Level and higher levels; policies of the Party, laws, resolutions of the People's Council, and decisions of the People's Committee related to the tasks and powers of the Vietnam Fatherland Front Committee at the Commune Level;

c) Continuously collect opinions and petitions of voters and the people to reflect and petition to the Party Committee, government, and the Standing Committee of the Vietnam Fatherland Front Committee at higher levels;

d) Provide suggestions and petitions to the Party Committee and government at the same level regarding the implementation of policies and laws at the local level; implement regulations on grassroots democracy, combat bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies and civil servants according to the provisions of the Party and the law;

đ) Organize mass movements and patriotic competitions among the people; participate in building and consolidating the government; protect the legitimate rights and interests of the people; supervise the activities of state agencies, National Assembly deputies, People's Council deputies at various levels, civil servants, and public officials; implement laws on grassroots democracy; participate in resolving complaints and accusations at the local level;

e) Direct and guide the activities of the Mass Mobilization Committee, Citizens' Inspection Board, and Community Investment Supervision Board;

g) Maintain cooperative relations with the government and member organizations at the same level;

h) Guide the activities of advisory and cooperating organizations of the Vietnam Fatherland Front Committee at the Commune Level;

i) Direct the development and issuance of decisions and regulations on cooperation activities of the organization and ensure their implementation;

k) Convene and chair meetings of the Vietnam Fatherland Front Committee at the Commune Level; direct the preparation of financial plans, compliance with financial expenditures, and final accounts of financial activities and decide on the allocation of financial resources provided by the State for the organization;

l) Examine and decide on rewards and punishments within the scope of authority;

m) Other tasks as prescribed by the Party, relevant laws, central-level political-social organizations, and competent authorities managing cadres;

8. Secretary of the Ho Chi Minh Communist Youth Union at the Commune Level

The Secretary of the Ho Chi Minh Communist Youth Union at the Commune Level directs and works together with members of the Executive Board and Standing Committee of the Ho Chi Minh Communist Youth Union at the Commune Level to perform the following tasks:

a) Direct the development of operational regulations for the Executive Board and Standing Committee of the organization; program plans for work, and guidance on activities for subordinate grassroots youth organizations under the Commune-level Youth Union;

b) Coordinate with the commune-level local authorities and political-social organizations at the same level to mobilize and guide cadres and members of their organization to participate in economic and social programs, national defense and security, and competitive movements of their organization as stipulated in the programs and resolutions of higher-level political-social organizations;

c) Provide comments and recommendations to the Party committee and local authorities at the same level on the implementation of policies and laws at the locality; implement legal provisions on grassroots democracy, combat bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies and civil servants according to the law;

d) Organize the implementation of Party resolutions, legal regulations, and resolutions concerning members of their organization;

đ) Prepare content, convene, and chair meetings of the Executive Board and Standing Committee;

e) Direct the preparation of budget plans, compliance with, and settlement of activity budgets, and decide on the allocation of activity funds provided by the State for their organization;

g) Closely monitor movement activities, periodically organize inspections, evaluations, and report to the same-level Party committee and the higher-level organization about the activities of their organization;

h) Direct the activities of the Executive Board and Standing Committee in accordance with the operational regulations that have been issued;

i) Other tasks as prescribed by the Party, relevant laws, central-level political-social organizations, and competent management bodies for cadres;

9. Chairman of the Vietnam Women's Union at the Commune Level

The Chairman of the Vietnam Women's Union at the Commune Level directs and works together with members of the Executive Board and Standing Committee of the Vietnam Women's Union at the Commune Level to perform the following tasks:

a) Direct the development and implementation of operational regulations for the Executive Board and Standing Committee of their organization; work programs and plans, and guidance for activities of village women's associations;

b) Coordinate with the commune-level local authorities and political-social organizations at the same level to mobilize and guide cadres and members of their organization to participate in economic and social programs, national defense and security, and competitive movements of their organization as stipulated in the programs and resolutions of higher-level political-social organizations;

c) Provide comments and recommendations to the Party committee and local authorities at the same level on the implementation of policies and laws at the locality; implement legal provisions on grassroots democracy, combat bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies and civil servants according to the law;

d) Organize the implementation of Party resolutions, legal regulations, and resolutions concerning members of their organization;

đ) Prepare content, convene, and chair meetings of the Executive Board and Standing Committee;

e) Direct the preparation of budget plans, compliance with, and settlement of activity budgets, and decide on the allocation of activity funds provided by the State for their organization;

g) Closely monitor movement activities, periodically organize inspections, evaluations, and report to the same-level Party committee and the higher-level Vietnam Women's Union about the activities of their organization;

h) Direct the activities of the Executive Board and Standing Committee in accordance with the operational regulations that have been issued;

i) Other tasks as prescribed by the Party, relevant laws, central-level political-social organizations, and competent management bodies for cadres;

10. Chairman of the Vietnam Farmers' Union at the Commune Level

The Chairman of the Vietnam Farmers' Union at the Commune Level directs and works together with members of the Executive Board and Standing Committee of the Vietnam Farmers' Union at the Commune Level to perform the following tasks:

a) Direct the development of operational regulations for the Executive Board and Standing Committee of their organization; work programs and plans, and guidance for activities of village farmers' associations;

b) Coordinate with the commune-level local authorities and political-social organizations at the same level to mobilize and guide members of their organization to participate in economic and social programs, national defense and security, and competitive movements of their organization as stipulated in the programs and resolutions of higher-level political-social organizations;

c) Provide comments and recommendations to the Party committee and local authorities at the same level on the implementation of policies and laws at the locality; implement legal provisions on grassroots democracy, combat bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies and civil servants according to the law;

d) Organize the implementation of Party resolutions, legal regulations, and resolutions concerning members of their organization;

đ) Convene and chair meetings of the Executive Board and Standing Committee;

e) Direct the preparation of budget plans, compliance with, and settlement of activity budgets, and decide on the allocation of activity funds provided by the State for their organization;

g) Closely monitor movement activities, periodically organize inspections, evaluations, and report to the same-level Party committee and the higher-level Vietnam Farmers' Union about the activities of their organization;

h) Direct the activities of the Executive Board and Standing Committee in accordance with the operational regulations that have been issued;

i) Other tasks as prescribed by the Party, relevant laws, central-level political-social organizations, and competent management bodies for cadres;

11. Chairman of the Vietnam Veterans Association at the Commune Level

The Chairman of the Vietnam Veterans Association at the Commune Level directs and works together with members of the Executive Board and Standing Committee of the Vietnam Veterans Association at the Commune Level to perform the following tasks:

a) Direct the development of operational regulations for the Executive Board and Standing Committee of their organization; work programs and plans, and guidance for activities of village farmers' associations;

b) Participate in building and defending the Party, government, and socialist system; protect the lives and property of the people and state assets; struggle against all hostile forces' plots and destructive activities; oppose incorrect views contrary to the Party's policies and state laws; implement legal provisions on grassroots democracy, combat bureaucracy, corruption, waste, and social evils; supervise the activities of state agencies and civil servants according to the law;

c) Participate in economic and social development, consolidate national defense and security; make recommendations to state agencies and local governments regarding the formulation and implementation of policies and laws related to veterans and the Vietnam Veterans Association;

d) Unite and motivate veterans to cultivate revolutionary virtues and morals, enhance political resilience, improve understanding of the Party's policies and state laws, knowledge of economics, culture, science and technology, fulfill civic duties well; gather military personnel who have completed their service obligations to continue upholding the tradition of "Uncle Ho's Army," participate in clubs, veteran liaison committees, and other grassroots movements;

đ) Organize care and assistance for veterans in the locality to improve their material and spiritual life, develop family economies, eliminate poverty, become wealthy legally; organize benevolent activities so that veterans can support each other in life;

e) Protect the rights and legitimate interests of veterans; promote, disseminate, educate on the law, provide legal advice and assistance to veterans;

g) Cooperate with the Communist Youth League of Ho Chi Minh, other member organizations of the Vietnam Fatherland Front, and military agencies to educate young people on patriotism, revolutionary heroism, self-reliance, and self-strengthening;

h) Organize the implementation of Party resolutions, legal regulations, and resolutions concerning members of their organization; prepare content, convene, and chair meetings of the Executive Board and Standing Committee; direct the preparation of budget plans, compliance with, and settlement of activity budgets, and decide on the allocation of activity funds provided by the State for their organization;

i) Direct the activities of the Executive Committee and the Standing Committee in accordance with the operational regulations that have been issued;

k) Other tasks as prescribed by the Party, relevant laws, central-level political-social organizations, and competent authorities managing cadres;

12. Based on the duties of each position of village-level cadres stipulated herein, the People's Committee at the district level shall specify the specific duties of each position of village-level cadres to be appropriate with the characteristics and requirements of implementing tasks at each level of village, ensuring that all areas of work have responsible officials and implementers;

Article 10. Standards for each position of village-level civil servant

1. The standards for the Civil Servant in charge of Commanding Officer of the Village Military Command shall be implemented in accordance with the specialized laws on military affairs.

2. The standards for the Civil Servants in charge of Office - Statistics; Land Administration - Construction - Urban Management and Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for villages); Finance - Accounting; Justice - Household Registration; Culture - Social Affairs are as follows:

a) Age: At least 18 years old;

b) General education level: High school graduate;

c) Professional qualifications: Graduated from university or higher in a relevant field of study as required by the duties of each position of village-level civil servants. In cases where the law provides differently from this Decree, it shall be implemented according to the provisions of that law.

3. The People's Committee at the provincial level shall specify the detailed standards for professional qualifications from intermediate level upwards for village-level civil servants working in mountainous, highland, border, island, isolated island, remote, ethnic minority, and particularly difficult socio-economic conditions areas.

4. Based on the standards for each position of village-level civil servants stipulated in Clause 2 of this Article and the actual conditions of the locality, the People's Committee at the provincial level shall specify:

a) Specific standards for each position of village-level civil servants to be appropriate with the characteristics and requirements of implementing tasks at each level of village but must ensure they are not lower than the standards prescribed in this Decree;

b) Relevant fields of study suitable for the duties of each position of village-level civil servants during each recruitment period;

c) Develop plans to create sources, train, and enhance the management skills, political theory; foreign languages, information technology, ethnic minority languages (for areas requiring the use of ethnic minority languages in public service activities) for each position of village-level civil servants, implement personnel reduction policies and other related policies.

Article 11. Duties of each position of village-level civil servant

1. Civil Servant in charge of Commanding Officer of the Village Military Command

a) Advise and propose to the Party Committee, People's Council, and People's Committee at the village level regarding policies, measures, and solutions for leading and directing the implementation of national defense and military tasks; building civilian militia forces and reserve forces; coordinating with political-social organizations to implement national defense and military tasks in the area;

b) Coordinate with military units, police units, and other forces in the area to participate in building a nationwide defense system and civilian defense zones; maintaining political security, social order, and safety;

c) Coordinate with border guard units, naval units, coast guard units, and other forces to protect national sovereignty, border security, and maritime sovereignty and rights over Vietnam's sea areas;

d) Implement tasks related to disaster prevention, mitigation, and aftermath handling, epidemic control, search and rescue operations, forest fire prevention and firefighting, environmental protection, and other civil defense tasks;

đ) Assist the Chairman of the People's Committee at the village level in implementing citizen registration and management for those of military service age, reservists, and self-defense militiamen in accordance with the law, and implementing conscription procedures;

e) Advise and assist the Military Service Council at the village level in handling violations according to the Law on Military Service;

g) Assist the Chairman of the People's Committee at the village level in organizing and directing the militia force to cooperate with the police and other forces to maintain social order and security, be ready for combat, organize disaster relief, evacuation, rescue operations;

h) Take the lead in coordinating with political-social organizations on the implementation of national defense education in the area;

i) Assist the People's Committee at the village level in implementing military rear support policies and implementing policies and benefits for the militia and reservists as prescribed by law;

k) Perform other tasks assigned by the Chairman of the People's Committee at the village level, the Village Military Command, and the laws on national defense;

2. Civil Servant in charge of Office - Statistics

a) Advise on the development and monitoring of the implementation of programs, plans, regular and extraordinary schedules of work of the People's Council, the Standing Body of the People's Council, the People's Committee, and the Chairman of the People's Committee at the village level;

b) Coordinate with other civil servants in preparing material and technical conditions for organizing meetings of the People's Council, sessions of the People's Committee, and other activities of the People's Council, the Standing Body of the People's Council, and the People's Committee at the village level; election work for National Assembly deputies, deputies to People's Councils at various levels, and members of the People's Committee at the village level;

c) Summarize, monitor, and report on the implementation of the operational regulations of the People's Committee at the village level; assist the Chairman of the People's Committee at the village level in organizing citizen reception and implementing grassroots democracy according to the law; receive complaints, petitions, and reports transferred to the Standing Body of the People's Council, the People's Committee, and the Chairman of the People's Committee at the village level for consideration and resolution within their jurisdiction;

d) Advise the People's Committee at the village level on implementing the one-stop-shop mechanism; organize departments to receive, process, and deliver results of administrative procedures of the People's Committee at the village level; build electronic governance, information technology, digital transformation; administrative procedure supervision work.

đ) Assist the People's Commune Council in establishing statistical forms, organizing statistical surveys as prescribed by law on statistics; compiling, statistically analyzing, and managing databases in various fields within the commune (including databases on commune-level civil servants and non-professional commune-level workers, village-level and neighborhood-level workers); performing clerical work, record-keeping, competition, and commendation tasks;

e) Take the lead and coordinate with other civil servants to monitor the implementation of socio-economic development plans; compile and statistically analyze the results of socio-economic development indicators at the commune level as prescribed by law;

g) Perform other tasks assigned by the Chairman of the People's Commune Council and relevant laws;

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

a) Advise and assist the People's Commune Council in organizing the implementation of the tasks and powers of the People's Commune Council and the Chairman of the People's Commune Council in land management, administrative boundary, natural resources, environment, construction, urban areas, transportation, agriculture, and rural areas within the commune as prescribed by law;

b) Advise and assist the People's Commune Council in drafting and implementing socio-economic development plans, sectoral plans within the authority of the People's Commune Council or approved by higher authorities for implementation within the commune;

c) Collect information, compile data, maintain files, and prepare reports related to the management authority of the People's Commune Council regarding land, administrative boundaries, natural resources, environment, construction, urban areas, transportation, agriculture, and rural areas within the commune;

d) Advise and assist the People's Commune Council in submitting applications to the People's District Council for decisions on land allocation, land recovery, and issuance of land use right certificates for households and individuals; establish land registers for lawful land users; guide procedures for verification to confirm land registration by organizations, households, and individuals, and implement citizen rights related to land within the commune; coordinate with other civil servants to handle administrative procedures for receiving files and verifying land origin, current status, usage, disputes, and changes within the commune;

đ) Advise and assist the People's Commune Council in preparing files for permits to renovate and construct buildings and houses within the commune for the Chairman of the People's Commune Council to decide or submit to the People's District Council for consideration and decision; construction and technical supervision activities for local welfare projects;

e) Responsible for tasks within the scope of land, administrative boundaries, natural resources, environment, construction, urban areas, transportation, agriculture, and rural areas at the single-window transaction center as assigned by the Chairman of the People's Commune Council;

g) Perform other tasks assigned by the Chairman of the People's Commune Council and relevant laws;

4. Finance and Accounting Civil Servant

a) Advise and assist the People's Commune Council in organizing the implementation of tasks and powers of the People's Commune Council in finance and budget within the commune as prescribed by law;

b) Advise and assist the People's Commune Council in drafting the commune budget revenue and expenditure plan for approval by the Commune People's Council; organize the implementation of the commune budget revenue and expenditure plan and measures to exploit revenue sources within the commune;

c) Organize financial and budgetary activities according to the guidance of higher financial authorities; settle the commune budget and perform financial and budgetary reporting as prescribed by law;

d) Assist the People's Commune Council in managing capital for basic construction investment projects and public assets at the commune level; inspect and settle investment construction projects under the management authority of the People's Commune Council;

đ) Advise and assist the Chairman of the People's Commune Council in resolving policies and benefits for commune-level civil servants and non-professional commune-level workers;

e) Perform other tasks assigned by the Chairman of the People's Commune Council and relevant laws;

5. Judicial - Civil Registration Civil Servant

a) Advise and assist the People's Commune Council in organizing the implementation of tasks and powers of the People's Commune Council and the Chairman of the People's Commune Council in judicial and civil registration matters within the commune as prescribed by law;

b) Assist the People's Commune Council in reviewing the drafting and issuance of legal documents as prescribed by law; assist the People's Commune Council in soliciting public opinions on legal normative documents according to the People's Commune Council's plan and higher authority guidelines;

c) Assist the People's Commune Council in implementing legal education and dissemination, legal aid, enforcement of judgments, monitoring the implementation of laws, and soliciting public opinions within the commune on participating in law-making; building the commune to meet legal access standards; guiding the operation of grassroots reconciliation organizations; coordinating with village chiefs and neighborhood group leaders in summarizing and concluding grassroots reconciliation work, reporting to the People's Commune Council; managing the legal library at the People's Commune Council; coordinating with the Cultural and Social Civil Servant to guide community residents in building and implementing village and neighborhood regulations;

d) Assist the People's Commune Council in registering and managing civil registration as prescribed by law;

đ) Responsible for civil registration, notarization, and certification at the commune's reception and result delivery department;

e) Assist the People's Commune Council in anti-corruption work and tasks related to inspection;

g) Perform other tasks assigned by the Chairman of the People's Commune Council and relevant laws;

6. Culture and Social Affairs Civil Servant

a) Advise and assist the People's Committee at the commune level to organize the implementation of tasks and powers of the People's Committee at the commune level and the Chairman of the People's Committee at the commune level in the fields of culture, information, communication, physical education, sports, tourism, labor, disabled veterans, social affairs, health, education, belief, religion, ethnicity, family, children, and youth in accordance with the provisions of the law; advise and assist the People's Committee at the commune level in social insurance work, health insurance, occupational safety and hygiene; develop criteria for the development of subjects participating in social insurance and health insurance in the annual socio-economic development plan to be submitted to the People's Council at the same level for decision;

b) Assist the People's Committee at the commune level in organizing cultural, information, communication, and sports activities; manage tourism, protect historical and cultural relics on the commune territory, build a cultural life in the community, and build a cultural family on the commune territory;

c) Conduct population, labor force, employment, and profession statistics on the commune territory; monitor, compile, and report on the number and changes in the situation of key policy targets such as laborers, people with meritorious service; beliefs, religions, ethnicities, families, children, and youth; implement payment of policies for social beneficiaries and people with meritorious service; manage martyrs' cemeteries and memorials for martyrs; carry out social welfare activities, poverty reduction programs, and food safety work on the commune territory; report statistical data on information and communication;

d) Take the lead and coordinate with judicial civil servants and Village Chiefs, Ward Heads in guiding the community to draft and implement village customs and regulations; coordinate with civil servants from the Office - Statistics in building databases on population, labor force, employment, and policy targets;

e) Perform other tasks assigned by the Chairman of the People's Committee at the commune level and as prescribed by relevant laws;

7. Based on the duties of each position of civil servants at the commune level stipulated in this Article, the People's Committee at the district level shall specify the specific duties of each position of civil servants at the commune level to suit the characteristics and requirements of each commune, ensuring that all areas of work have responsible civil servants;

Section 3
ELECTION OF COMMUNE LEVEL OFFICIALS AND RECRUITMENT OF COMMUNE LEVEL CIVIL SERVANTS

Article 12. Election of Commune Level Officials

1. The election of commune level officials to hold positions in the People's Council and People's Committee shall be carried out in accordance with the Law on Elections of National Assembly Deputies and People's Council Deputies; the Law on Organization of Local Administration and related legal documents;

2. The election of commune level officials to hold positions in the Party organization and political-social organizations at the commune level shall be carried out in accordance with the Party Charter, organizational charters, and regulations of the Party and political-social organizations at the central level;

Article 13. Recruitment of village-level civil servants

Recruitment of commune level civil servants shall apply the provisions of the Government Decree on recruitment, utilization, and management of civil servants, including:

1. Basis for recruiting commune level civil servants;

2. Conditions for registering to participate in the recruitment of commune level civil servants;

For the position of Civil Servant Commander-in-Chief of the Military Command at the commune level, in addition to the conditions for registering to participate in the recruitment of commune level civil servants as stipulated in this clause, must also meet the standards prescribed in Article 7 and Clause 1 of Article 10 of this Decree;

3. Target groups and preferential points in competitive examinations or direct recruitment of commune level civil servants;

Specifically, volunteers who are intellectuals participating in rural and mountainous area development and non-professional staff members at the commune level who have been evaluated and classified as having completed their tasks for at least 24 months will be awarded an additional 2.5 points in the second round examination results;

4. Recruitment Examination Board for commune level civil servants;

5. Forms, contents, and timeframes for competitive examinations for commune level civil servants;

Specifically, individuals who have passed the initial quality assessment according to the Government's regulations on initial quality assessment for civil servants and participate in the competitive examination for commune level civil servants will not need to take the first round examination as prescribed by the Government's regulations on recruitment, utilization, and management of civil servants;

6. Determination of successful candidates in the competitive examination for recruitment of commune level civil servants;

7. Target groups for direct recruitment of commune level civil servants;

Specifically, for the position of Civil Servant Commander-in-Chief of the Military Command at the commune level, direct recruitment will be conducted for individuals meeting the standards prescribed in Article 7 and Clause 1 of Article 10 of this Decree, and the appointment of the position will be carried out in accordance with the law on self-defense militia;

8. Contents and forms of direct recruitment for commune level civil servants;

9. Determination of successful candidates in the direct recruitment examination for commune level civil servants;

10. Announcement of recruitment and receipt of applications for registration to participate in the recruitment of commune level civil servants;

11. Procedures for organizing the recruitment of commune level civil servants;

12. Announcement of recruitment results for commune level civil servants;

13. Completion of recruitment files for commune level civil servants;

14. Decision on recruitment and commencement of work for commune level civil servants;

15. Probation period for commune level civil servants;

a) Specifically, the probation period for commune level civil servants shall be implemented as follows: 12 months for civil servants recruited with a bachelor's degree or higher; 6 months for civil servants recruited with a lower than bachelor's degree. There is no probation period for the position of Civil Servant Commander-in-Chief of the Military Command at the commune level;

b) Individuals recruited to hold positions as commune level civil servants who complete the probation period as stipulated in this clause shall have the Chairman of the People's Committee at the commune level propose to the Chairman of the People's Committee at the district level to decide on the completion of the probation period and salary classification for the recruited civil servant.

Article 14. Acceptance into working as a commune-level civil servant

1. Subjects for acceptance:

a) Staff working at a public service unit;

b) Personnel receiving salary in the people's armed forces, individuals working in confidential organizations but not being civil servants;

c) Individuals who have ceased to hold positions as commune-level cadres (excluding dismissal disciplinary measures);

d) Individuals who were previously cadres or civil servants (including commune-level cadres) and were subsequently transferred or rotated to work in positions that are not cadre or civil servant roles in other agencies or organizations by competent authorities.

2. Standards and conditions for acceptance; application procedures for individuals proposed for acceptance and examination boards when accepting into working as a commune-level civil servant shall be governed by the Government’s regulations on recruitment, utilization, and management of civil servants.

Article 15. Authority to recruit and accept into working as a commune-level civil servant

The Chairman of the People's Committee at the district level has the authority to recruit and accept into working as a commune-level civil servant.

Section 4
SALARY SYSTEM, ALLOWANCES AND CERTAIN REGULATIONS AND POLICIES FOR COMMUNE-LEVEL CADRES AND CIVIL SERVANTS

Article 16. Salary classification for commune-level cadres and civil servants

1. Commune-level cadres and civil servants who have graduated with qualifications meeting the standards for professional and vocational training as stipulated in this Decree shall be classified according to the salary scale for administrative civil servants with the same educational qualifications as specified in the salary scale for professional and vocational staff in state agencies accompanying the Government’s Decree on the salary system for cadres, civil servants, public officials, and members of the armed forces.

Graduation certificates for training qualifications 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 their tenure, commune-level cadres and civil servants change their training qualifications in line with their current positions, they may request the Chairman of the People's Committee at the district level to classify their salaries according to their new qualifications from the date of obtaining the graduation certificate.

3. In cases where individuals elected as commune-level cadres, recruited, or accepted into working as commune-level civil servants as prescribed in this Decree have worked with mandatory social insurance contributions without receiving a one-time social insurance benefit, the period of work with mandatory social insurance contributions shall be considered as a basis for salary classification (excluding probationary and trial periods), non-consecutive periods of work with mandatory social insurance contributions shall be accumulated.

Article 17. Promotion of salary grades for commune-level cadres and civil servants

Commune-level cadres and civil servants as stipulated in Clause 1 of Article 16 of this Decree shall implement the regular promotion of salary grades, early promotion of salary grades, and extension of the time for promotion of salary grades in accordance with the Government’s regulations on the salary system for cadres, civil servants, public officials, and members of the armed forces.

Article 18. Allowance for seniority exceeding the standard range

Commune-level cadres and civil servants as stipulated in Clause 1 of Article 16 of this Decree shall implement the allowance for seniority exceeding the standard range in accordance with the Government’s regulations on the salary system for cadres, civil servants, public officials, and members of the armed forces.

Article 19. Position allowance for commune-level leadership

Commune-level cadres as stipulated in Clause 1 of Article 16 of this Decree shall receive position allowances relative to the base salary as follows:

1. Secretary of the Party Committee: 0.30.

2. Deputy Secretary of the Party Committee, Chairperson of the People's Council, Chairperson of the People's Committee: 0.25.

3. Chairperson of the Vietnam Fatherland Front, Deputy Chairperson of the People's Council, Deputy Chairperson of the People's Committee: 0.20.

4. 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: 0.15.

Article 20. Allowance for concurrently holding positions and titles

1. Civil servants at the commune level who concurrently hold positions and titles of civil servants at the commune level different from their current positions and titles, thereby reducing the number of commune-level civil servants assigned by the People's Committee of the district by one person as stipulated in Clause 5, Article 6 of this Decree shall be entitled to receive an allowance for concurrent positions and titles equal to 50% of the basic salary grade (Grade 1), plus the leadership position allowance (if applicable) of the concurrently held position and title; the allowance for concurrently held positions and titles shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

In cases where multiple positions and titles are concurrently held (including cases where the Party Secretary concurrently holds the position of Chairman of the People's Committee or the position of Chairman of the People's Council), only the highest allowance for concurrent positions and titles shall be received. The People's Committee of the district shall decide on the position and title eligible for the allowance for concurrent positions and titles when the number of concurrently held titles exceeds the number of reduced commune-level civil servants as prescribed.

2. In cases where commune-level civil servants concurrently hold positions and perform tasks of non-professional staff at the commune level, village, or ward, they shall be entitled to receive an allowance for concurrent positions and titles equal to 100% of the allowance specified for the concurrently held title.

Article 21. Social Insurance and Health Insurance Regime

The social insurance and health insurance regime for commune-level civil servants shall be implemented in accordance with the laws on social insurance and health insurance.

Article 22. Training and Capacity Building System

The training and capacity building system for commune-level civil servants shall be implemented in accordance with the Government's regulations on training and capacity building for civil servants, public officials, and the regulations of the Party and central-level political-social organizations.

Section 5

TRANSFERS AND ASSIGNMENTS OF COMMUNE-LEVEL CIVIL SERVANTS

Article 23. Transfers and Assignments of Commune-Level Civil Servants from One Commune to Another

1. For civil servants in the Office - Statistics, Land Administration - Construction - Urban Environment (for wards and towns) or Land Administration - Agriculture - Construction and Environment (for communes), Finance - Accounting, Justice - Household Registration, Culture - Social Affairs:

a) The Chairman of the People's Committee of the district decides on the transfer of commune-level civil servants from one commune, ward, or town to another within the same district administrative unit;

b) The Chairman of the People's Committee of the district decides on the transfer and reception of commune-level civil servants from one commune, ward, or town of the district to another commune, ward, or town of another district after obtaining a written agreement from the Director of the Department of Home Affairs;

c) The Chairman of the People's Committee of the district decides on the transfer of commune-level civil servants out of the province and the reception of commune-level civil servants from another province after obtaining a written agreement from the Director of the Department of Home Affairs of both the transferring and receiving locations.

2. For civil servants in the position of Chief of the Military Command of the commune:

The transfer, assignment, and reception of civil servants in the position of Chief of the Military Command of the commune shall be carried out according to specific requirements. The Chairman of the People's Committee of the district decides on the transfer, assignment, and reception of civil servants in the position of Chief of the Military Command of the commune according to the local classification management of civil servants.

Commune-level civil servants who are transferred, assigned, or received to work in communes with particularly difficult socio-economic conditions shall enjoy preferential policies and regimes as prescribed by law.

Chapter 6
ASSESSMENT AND QUALITY RANKING OF COMMUNE-LEVEL CIVIL SERVANTS

Article 24. Evaluation and Classification of Quality for Village-level Cadres and Civil Servants

Village-level cadres and civil servants (excluding the position of Village-level Military Commanders) shall conduct evaluations and classifications according to the provisions of the Law on Cadres and Civil Servants, the Government's regulations on evaluating and classifying the quality of cadres, civil servants, and public officials, relevant laws, organizational charters, and Party and central-level political-social organization regulations.

Article 25. Procedures and Formalities for Evaluating and Classifying Village-level Military Commanders

1. Civil servants self-assess and determine their classification level based on assigned responsibilities and tasks.

2. The Village-level Military Command and village-level civil servants from the People's Committee meet to provide feedback. Suggestions are recorded in minutes and approved at the meeting.

3. The Chairman of the People's Committee evaluates and classifies the Village-level Military Commander and informs the civil servant after consulting in writing with the County-level Military Commander.

Section 7
REMOVAL FROM OFFICE, RELIEF FROM DUTY, RESIGNATION FROM POSITION FOR VILLAGE-LEVEL CADRES; RESIGNATION FROM SERVICE FOR VILLAGE-LEVEL CIVIL SERVANTS AND RETIREMENT FOR VILLAGE-LEVEL CADRES AND CIVIL SERVANTS

Article 26. Removal and Relief from Office for Village-level Cadres

The removal and relief from office for village-level cadres are carried out according to current provisions of the Law on Cadres and Civil Servants, the Law on Organization of Local State Administration, the Law on Election of National Assembly Deputies and People's Council Deputies, and other relevant laws, organizational charters, and Party and central-level political-social organization regulations.

Article 27. Resignation from Position for Village-level Cadres and Resignation from Service for Village-level Cadres and Civil Servants

1. Village-level cadres who resign from their positions and village-level civil servants who resign from service (except cases of job transfer and disciplinary actions under the law on cadres and civil servants) are entitled to receive resignation allowances for village-level cadres and civil servants according to the Government's regulations on resignation allowances for civil servants.

2. If a Village-level Military Commander is disciplined with dismissal and cannot be reassigned to another position at the village level, they will be processed for resignation within thirty days from the effective date of the disciplinary decision. In addition to the resignation allowance stipulated in Clause 1 of this Article, the Village-level Military Commander also receives other resignation benefits according to the law on self-defense militia.

3. The budget for paying resignation allowances for village-level cadres and civil servants is allocated in the annual regular operating budget of the People's Committee at the village level, as authorized by the competent authority.

Article 28. Retirement for Village-level Cadres and Civil Servants

1. Village-level cadres and civil servants retire according to labor laws and Party and central-level political-social organization regulations.

2. Six months before the retirement date of village-level cadres and civil servants, the competent authority managing village-level cadres and civil servants must notify in writing about the retirement date; three months before the retirement date, the competent authority must issue a retirement decision.

Section 8
DISCIPLINE AND REWARD FOR VILLAGE-LEVEL CADRES AND CIVIL SERVANTS

Article 29. Disciplinary Measures for Village-level Civil Servants and Cadres

Disciplinary measures for village-level civil servants and cadres shall be implemented in accordance with the Government's regulations on disciplinary measures for civil servants and cadres. In cases where laws, Party Regulations, or political-social organizations have different provisions, such provisions shall apply.

Article 30. Awards for Village-level Civil Servants and Cadres

The awarding of village-level civil servants and cadres shall be carried out in accordance with the legal provisions on competition and awards, the regulations of the organization, and the regulations of the Central Party Committee and political-social organizations.

Section 9
MANAGEMENT OF CIVIL SERVANTS AT THE COMMUNE LEVEL

Article 31. Content of Management of Village-level Civil Servants and Cadres

1. Issuing and implementing legal normative documents, regulations, and rules concerning village-level civil servants and cadres.

2. Developing plans and cadre forecasts for village-level civil servants and cadres.

3. Defining positions, titles, job descriptions, standards, and duties of village-level civil servants and cadres.

4. Determining the number of village-level civil servants and cadres; recruiting, utilizing, managing, training, retraining, probationary period, removal from position, termination of employment, retirement, evaluation, and classification of village-level civil servants and cadres.

5. Implementing rewards, disciplinary measures, salary systems, and incentive policies for village-level civil servants and cadres.

6. Implementing reporting and statistical systems, and management of files on village-level civil servants and cadres.

7. Conducting inspections and audits on agencies, organizations, and village-level civil servants and cadres in their implementation of legal provisions concerning village-level civil servants and cadres.

8. Resolving complaints and reports against village-level civil servants and cadres.

9. Other tasks related to the management of village-level civil servants and cadres.

Article 32. Authority to Manage Village-level Civil Servants and Cadres

1. The Ministry of Home Affairs has the following responsibilities and powers:

a) Submitting to the Government and the Prime Minister for approval regulations concerning village-level civil servants and cadres;

b) Providing guidance on the implementation of legal normative documents issued by the Government and the Prime Minister concerning village-level civil servants and cadres;

c) Inspecting and auditing People's Committees at all levels and village-level civil servants and cadres in their implementation of legal provisions concerning village-level civil servants and cadres;

d) Compiling statistics and summarizing the quantity and quality of village-level civil servants and cadres nationwide.

2. Provincial People's Committees have the following responsibilities and powers:

a) Submitting to the Provincial People's Council for decision the number of village-level civil servants and cadres for each district administrative unit in accordance with Clause 4, Article 6 of this Decree;

b) Issuing Rules on the recruitment of village-level civil servants; guiding and inspecting District People's Committees in their annual evaluation and classification of village-level civil servants and cadres;

c) Specifying detailed standards for each position of village-level cadres and each title of village-level civil servants in accordance with Articles 8 and 10 of this Decree;

d) Specifying fields of study required for each title of village-level civil servants based on their duties;

đ) Inspecting and auditing the implementation of policies and benefits for village-level civil servants and cadres;

e) Directing, guiding, and inspecting the recruitment, planning, and forecasting the development of village-level civil servants and cadres; gradually standardizing to improve the quality of village-level civil servants and cadres;

g) Annually directing the development of training programs and materials for village-level civil servants and cadres;

h) Directing the resolution of complaints and reports against village-level civil servants and cadres;

i) Issuing regulations on the分级管理系统对村级公务员和干部的权限。

k) Compile statistics and report on the quantity and quality of village-level civil servants and public officials within the provincial territory;

l) Guide and inspect the use of financial resources to implement systems and policies as prescribed by the Government and the Resolution of the People's Council at the same level for village-level civil servants and public officials;

m) Guide the establishment and management of personnel files for village-level civil servants and public officials.

3. The People's Committee at the district level shall have the tasks and powers:

a) Develop plans and master plans to build a team of village-level civil servants and public officials;

b) Determine the specific number of civil servants and public officials in each administrative unit at the village level and allocate the number of public officials for each position of village-level public officials according to Clause 5, Article 6 of this Decree;

c) Organize recruitment for village-level public officials in accordance with this Decree and the Recruitment Regulations for Public Officials of the Provincial People's Committee; decide on the acceptance, transfer, job change, and management of village-level public officials according to this Decree and the分级管理权限；执行有关村官和村公职人员的免职、辞退和退休的规定；

d) Specify the specific duties of each position of village-level officials and each title of village-level public officials as stipulated in Articles 9 and 11 of this Decree；

đ) Implement salary systems and other systems and policies for village-level civil servants and public officials；

e) Decide on the titles eligible for concurrent position allowances when the number of concurrent positions exceeds the reduction quota of village-level civil servants and public officials specified in Clause 1, Article 20 of this Decree；

g) Organize training and capacity building for village-level civil servants and public officials according to the guidance and分级管理权限；

h) Decide on rewards and punishments for village-level civil servants and public officials according to the分级管理权限；

i) Inspect, audit, and evaluate the implementation of regulations concerning village-level civil servants and public officials；

k) Resolve complaints and reports against village-level civil servants and public officials in accordance with the law；

l) Compile statistics and report on the quantity and quality of the team of village-level civil servants and public officials within the district territory；

m) Guide and inspect the People's Committees at the village level in their annual assessment of the quality of village-level civil servants and public officials; inspect the implementation of systems and policies for village-level civil servants and public officials；

n) Guide the People's Committees at the village level in establishing and managing personnel files for village-level civil servants and public officials.

4. The People's Committee at the village level shall have the tasks and powers:

a) Directly manage and utilize village-level public officials; annually assess and classify the quality of village-level public officials；

b) Implement systems and policies, training and capacity building plans; plan and source for village-level public officials;

c) Submit to the People's Committee at the district level for consideration and decision on the positions eligible for additional allowances for兼任职务的情况，如果安排的兼任职务数量超过本决定第二十条第一款规定的乡级干部和公务员减少的数量；

d) Propose the competent authority at the district level to award township-level civil servants according to the分级管理的规定；

đ) Propose the competent authority at the district level to handle disciplinary actions against township-level civil servants;

e) Resolve complaints and reports against township-level civil servants in accordance with the provisions of the law;

g) Statistic and report the quantity and quality of the team of township-level cadres and civil servants;

h) Establish and manage the files of township-level cadres and civil servants.

Chapter III
NON-STAFF MEMBERS
AT THE TOWN LEVEL, AT THE VILLAGE LEVEL, AND AT THE NEIGHBORHOOD LEVEL

Article 33. Number of Non-Staff Members at the Town Level, at the Village Level, and at the Neighborhood Level

1. The number of non-staff members at the town level shall be calculated based on the type of administrative unit at the town level, specifically: Type I is 14 people; Type II is 12 people; Type III is 10 people.

2. The People's Committee at the provincial level shall base on the number of administrative units at the town level that have a population size and natural area larger than the standard stipulated in the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and classification of administrative units to calculate the additional number of non-staff members at the town level as follows:

a) For wards under districts, for every increase of one-third of the specified population size, one additional non-staff member shall be added. For other administrative units at the town level, for every increase of half of the specified population size, one additional non-staff member shall be added;

b) In addition to the increase in non-staff members based on the population size as stipulated in point a of this clause, each administrative unit at the town level that increases its natural area by 100% of the specified standard shall be entitled to one additional non-staff member.

3. The population size (including both permanent residents and temporary residents converted to equivalent figures) and the natural area as of December 31 each year to determine the number of non-staff members at the town level as stipulated in Clause 2 of this Article shall be implemented in accordance with the Resolution of the Standing Committee of the National Assembly on the standards of administrative units and classification of administrative units.

If there is a change in the population size or natural area as stipulated in Clause 2 of this Article or a change in the type of administrative unit at the town level as of December 31 each year, the People's Committee at the provincial level shall submit to the People's Council at the same level for consideration and adjustment of the total number of non-staff members at the town level (for the entire provincial administrative unit) in accordance with the regulations.

4. Annually, the People's Committee at the provincial level shall submit to the People's Council at the same level for decision on the number of non-staff members at the town level for each administrative unit at the district level within its management scope, in line with practical requirements, but must ensure that the total number of non-staff members at the town level within the administrative units at the district level does not exceed the total number of non-staff members at the town level for the entire provincial administrative unit as stipulated in Clauses 1 and 2 of this Article.

5. Annually, the People's Committee at the district level shall decide on the specific number of non-staff members at the town level for each administrative unit at the town level and arrange the number of non-staff members at the town level within its management scope in line with the requirements and tasks of each administrative unit at the town level. The number of non-staff members at the town level for each administrative unit at the town level may be lower than the standard for Type III towns or higher than the standard for Type I towns stipulated in Clause 1 of this Article, but must ensure it does not exceed the total number of non-staff members at the town level for the entire district administrative unit assigned by the People's Council at the provincial level.

6. Non-staff members at the village level and neighborhood level shall not exceed three positions (including Secretary of the Party Branch, Head of the Village or Neighborhood Leader, and Head of the Mass Organization Work Board) who are entitled to monthly allowances. Where the Law provides otherwise, such provisions shall apply.

Encourage the concurrent holding of the position of Secretary of the Party Branch and Head of the Village or Neighborhood Leader or Head of the Mass Organization Work Board at the village or neighborhood level.

7. Non-staff members directly participating in activities at the village level and neighborhood level beyond the three positions stipulated in Clause 6 of this Article shall be entitled to monthly support.

8. Non-staff members at the town level, at the village level, and at the neighborhood level may concurrently hold other non-staff member positions at the town level, at the village level, and at the neighborhood level; non-staff members at the village level and neighborhood level may concurrently hold positions directly participating in activities at the village level and neighborhood level.

Article 34. Subsistence Allowance System for Non-Professional Staff at Commune Level and Village/Ward Level

1. Non-professional staff at commune level shall be entitled to subsistence allowances. The central budget shall allocate a subsistence allowance fund including social insurance and health insurance support to pay monthly for non-professional staff at commune level as follows:

a) Administrative units at commune level type I shall be allocated a subsistence allowance fund equal to 21.0 times the base salary level;

b) Administrative units at commune level type II shall be allocated a subsistence allowance fund equal to 18.0 times the base salary level;

c) Administrative units at commune level type III shall be allocated a subsistence allowance fund equal to 15.0 times the base salary level.

For administrative units at commune level with additional non-professional staff according to Clause 2, Article 33 of this Decree, the total allocation of the subsistence allowance fund shall increase correspondingly by 1.5 times the base salary level per additional non-professional staff member.

2. Allocate a subsistence allowance fund for non-professional staff at village/ward level. The central budget shall allocate a subsistence allowance fund to pay monthly for non-professional staff at each village/ward as follows:

a) For villages with 350 households or more; wards with 500 households or more; villages/wards within administrative units at commune level identified as key areas or complex in terms of security and public order according to the decision of competent authorities; villages/wards within administrative units at commune level located in border or island regions shall be allocated a subsistence allowance fund equal to 6.0 times the base salary level. In cases where villages with 350 households or more become wards due to the establishment of urban administrative units at commune level, they shall retain the subsistence allowance fund allocation of 6.0 times the base salary level;

b) For villages/wards not covered by the provisions of point a, Clause 2 of this Article, a subsistence allowance fund equal to 4.5 times the base salary level shall be allocated;

c) In cases where administrative units at district level do not organize administrative units at commune level, villages/wards specified in points a and b of this Clause shall be determined based on the district-level administrative unit.

3. Based on the subsistence allowance fund allocated by the central budget for each commune, each village/ward as stipulated in Clauses 1 and 2 of this Article; local government financial resources allocated for civil service salary reform; relevant legal regulations; and specific characteristics of each commune, village/ward, the Provincial People's Committee shall submit to the same-level People's Council to specify the following contents:

a) Positions of non-professional staff at commune level,

b) The兼任多个非专业工作人员职位的情况，以及村（居）委会的非专业工作人员兼任直接参与村（居）活动的情况；

c) The subsistence allowance for each position of non-professional staff at commune level and village/ward level, ensuring a reasonable correlation with the first-grade salary of commune-level civil servants with the same educational qualifications, aiming to encourage non-professional staff at commune level and village/ward level to improve their professional knowledge and skills; specifying the detailed allocation of operating funds for political-social organizations at commune level; the monthly support amount for individuals directly participating in village/ward activities, and the subsistence allowance for兼任直接参与村（居）活动的人员，符合地方实际情况。

4. In cases where non-professional staff at commune level or village/ward level concurrently hold other non-professional staff positions at commune level or village/ward level, they shall be entitled to a concurrent subsistence allowance equal to 100% of the stipulated subsistence allowance for the concurrent position.

5. The Provincial People's Committee shall submit to the same-level People's Council to specify the contents at point c, Clause 3 of this Article without seeking opinions from Ministries or central agencies.

Article 35. Training, Capacity Building, Social Insurance, and Health Insurance for Non-Professional Personnel at Commune Level, Village, and Neighborhood Level

1. Non-professional personnel at commune level, village, and neighborhood level shall be provided with training and capacity building in accordance with the requirements of their current responsibilities; when assigned to training or capacity building, they shall enjoy benefits as prescribed by law.

2. Non-professional personnel at commune level shall implement mandatory social insurance and health insurance as prescribed by laws on social insurance and health insurance.

Article 36. Standards, Duties, Election, Selection, Acceptance, Utilization, Management, Evaluation, Classification, Reward, Punishment, Removal, and Resignation of Non-Professional Personnel at Commune Level

1. Standard

a) Be a Vietnamese citizen, at least 18 years old; have full civil capacity and sufficient health to perform assigned tasks;

b) Have good political qualities and morals; set a good example in implementing the Party's guidelines and policies and the State's laws; have organizational skills and the ability to mobilize the people in the locality to effectively implement the Party's guidelines and the State's laws;

c) Not be under criminal investigation, serving a prison sentence, undergoing non-custodial correction, being under community surveillance, or being placed in a treatment facility or educational institution;

d) Educational level: Graduated from Secondary School;

đ) Professional qualification: Graduated from a College or higher.

2. Duties of Non-Professional Personnel at Commune Level

Non-professional personnel at commune level shall perform duties as stipulated in the organizational charter of the organization they are members of, relevant laws, and competent authorities; cooperate and assist commune-level officials and civil servants in performing their assigned functions and responsibilities, ensuring that all areas of work of the commune-level party committee and local administration are covered and monitored.

3. Election and Selection of Non-Professional Personnel at Commune Level

a) Positions filled through election shall be conducted according to the organizational charter of the organization that non-professional personnel at commune level are members of, relevant laws, and regulations of the competent authority.

b) Positions of non-professional personnel at commune level other than those specified in point a of this clause shall be selected through examination.

Specifically, the position assisting the Chief of the Military Command Board at commune level shall be implemented in accordance with specialized laws on military affairs.

4. Evaluation and Classification of Non-Professional Personnel at Commune Level

a) Positions filled through election shall be evaluated and classified according to the organizational charter of the organization that non-professional personnel at commune level are members of and regulations of the competent authority.

b) Non-professional personnel at commune level assisting the local government at commune level shall be evaluated and classified by the Chairman of the People's Committee at commune level.

c) The position of non-professional personnel at commune level assisting the Chief of the Military Command Board at commune level shall be implemented in accordance with specialized laws on military affairs.

d) The content, form, and procedures for evaluating and classifying non-professional personnel at commune level shall be similar to those for commune-level officials and civil servants as prescribed in this Decree.

5. Rewarding Non-Professional Personnel at Commune Level

Non-professional personnel at commune level who achieve outstanding results in performing their duties shall be considered for rewards in accordance with laws on commendation and reward.

6. Disciplinary Measures for Non-Professional Personnel at Commune Level

a) Positions filled through election shall be subject to disciplinary measures as prescribed in the organizational charter of the organization that non-professional personnel at commune level are members of and the competent authority.

b) The Chairman of the People's Committee at commune level has the authority to consider and decide on disciplinary measures for non-professional personnel at commune level assisting the local government at commune level.

c) The position of non-professional personnel at commune level assisting the Chief of the Military Command Board at commune level shall be implemented in accordance with specialized laws on military affairs.

d) The content, form, and procedures for disciplinary measures for non-professional personnel at commune level shall be similar to those for officials and civil servants as prescribed in this Decree.

Specifically, the demotion in rank shall not be applied as a disciplinary measure.

7. Removal, Resignation, and Termination of Employment for Non-Professional Personnel at Commune Level

Non-professional personnel at commune level who are removed, resigned, or terminated shall enjoy benefits and policies as prescribed by relevant laws and the organizational charter of the organization that non-professional personnel at commune level are members of.

8. The People's Committee at provincial level shall base on the provisions of clauses 1, 2, 3, 4, 5, 6, and 7 of this Article, the organizational charter of the organization that non-professional personnel at commune level are members of, and relevant laws to specifically regulate the management and utilization of each position of non-professional personnel at commune level in accordance with the practical conditions of each locality.

9. The People's Committee at district level shall base on the duties stipulated in clause 2 of this Article, the regulations of the People's Committee at provincial level on the management and utilization of non-professional personnel at commune level in the locality, and the positions of non-professional personnel at commune level as prescribed in point a of clause 3 of Article 34 of this Decree to specifically regulate the duties of each position of non-professional personnel at commune level in accordance with the requirements of each commune.

PART IV

IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Decree takes effect from August 1, 2023.

2. Repeal Decree No. 114/2003/NĐ-CP dated October 10, 2003 on cadres and civil servants of communes, wards, and towns; Decree No. 112/2011/NĐ-CP dated December 5, 2011 on civil servants of communes, wards, and towns; Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on titles, quantity, and some policies for cadres and civil servants of communes, wards, and towns and non-professional workers at commune level; Decree No. 34/2019/NĐ-CP dated April 24, 2019 on amending and supplementing certain provisions on commune-level cadres and civil servants and non-professional workers at commune level and village-level organizations.

3. In places organizing urban administration models according to the Resolution of the National Assembly and regulations of the Government, if there are different provisions from those stipulated in this Decree regarding commune-level cadres and civil servants and non-professional workers at commune level and village-level organizations, they shall be implemented according to the Resolution of the National Assembly and regulations of the Government.

4. Apply the implementation of the policies stipulated in this Decree for Secretaries and Deputy Secretaries of grassroots Party cells (where a grassroots Party Committee has not been established) as Secretaries and Deputy Secretaries of grassroots Party Committees; Standing members of Party committees (where there is no full-time Deputy Secretary for Party work) as Deputy Secretaries of grassroots Party Committees.

Article 38. Transitional Provisions

1. Cadres at the commune level currently holding elective positions as specified in Clause 1, Article 5 but not yet meeting the criteria stipulated in Article 8; civil servants at the commune level currently holding positions as specified in Clause 2, Article 5 but not yet meeting the criteria stipulated in Article 10; and non-professional workers at the commune level as specified in Point a, Clause 3, Article 34 but not yet meeting the criteria stipulated in Clause 1, Article 36 of this Decree must meet the required criteria within five years from the date this Decree takes effect. If they fail to meet the required criteria by the end of this period, they will be subject to retirement benefits (if eligible) or reduction in staff according to the Government's regulations.

2. In cases where during their tenure, commune-level cadres and civil servants change their professional qualifications to match their current positions, having obtained graduation certificates but not yet been classified according to their new educational qualifications before this Decree takes effect, they will be classified according to their new educational qualifications from the date this Decree takes effect.

3. In cases where cadres and civil servants working in agencies, organizations, or units at the district level or higher are transferred, rotated, or seconded to work as commune-level cadres and civil servants, they will continue to implement salary classification, promotion, and additional allowances according to the Government's regulations on salary systems for cadres, civil servants, public officials, and armed forces personnel.

4. Commune-level cadres who are currently receiving pension or disability allowance, in addition to their monthly pension or disability allowance, will be classified and paid salaries and allowances according to their current positions as stipulated in this Decree without having to pay social insurance or health insurance.

5. Commune-level cadres and civil servants who are currently receiving war invalidity or veteran benefits but not included in those receiving pensions or disability allowances, in addition to their monthly war invalidity or veteran benefits, will be classified and paid salaries and allowances according to their current positions as stipulated in this Decree.

6. Commune-level cadres who are elderly and 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 State Council (now the Government), their monthly allowances will be adjusted when the state adjusts the basic wage; they can transfer their allowances to a new legal residence; upon death, the person handling the funeral will receive funeral expenses equal to ten times the basic wage.

In cases where commune-level cadres who are elderly and retired have had their monthly allowance suspended during the time serving a prison sentence, now with a request accompanied by a copy of the certificate of completion of the prison sentence sent to the People's Committee of the district for consideration and resolution to resume receiving monthly allowances.

For cases where they hold other positions under the People's Committee but have not contributed to social insurance, they will be allowed to make back payments for social insurance contributions as a basis for calculating social insurance benefits.

For cases where commune-level cadres have already been resolved to receive monthly allowances or one-time allowances before this Decree takes effect, this Decree's provisions will not be applied again to resolve them.

10. In cases where administrative reorganization at the commune level is carried out pursuant to a Resolution of the Standing Committee of the National Assembly, the number and arrangement, as well as the implementation of policies and benefits for commune-level civil servants and non-professional staff at the commune, village, and ward levels shall be implemented in accordance with the regulations of the competent authority.

Article 39. Sources of funds for implementing policies and benefits for commune-level civil servants, non-professional staff at the commune, village, and ward levels, and persons directly participating in activities at the village and ward levels.

1. The sources of funds for implementing policies and benefits for commune-level civil servants and non-professional staff at the commune, village, and ward levels, and persons directly participating in activities at the village and ward levels, as well as elderly commune-level civil servants who have retired according to Clause 6, Article 38 of this Decree, shall be guaranteed by the state budget in accordance with the current budget classification.

2. The Social Insurance Fund shall ensure funding for the payment of social insurance benefits as prescribed by laws on social insurance for commune-level civil servants and non-professional staff at the commune level.

Article 40. Responsibility for Implementation

1. The People's Committee of the province shall submit to the People's Council of the same level for the allocation of funds to implement policies and benefits as stipulated in this Decree.

2. The Vietnam Social Security shall guide, inspect, and supervise the implementation of social insurance policies for commune-level civil servants as prescribed by this Decree at provincial and district-level social insurance agencies.

3. Ministries and ministerial-level agencies shall review legal provisions within their jurisdiction concerning commune-level civil servants, non-professional staff at the commune, village, and ward levels to ensure they are consistent with the provisions of this Decree.

4. The People's Committee of the province shall provide guidance on兼任职务，以确保地方各领域的工作都有干部和公务员负责；并按照本条例的规定安排、指导和监督资金的使用，以实施对乡级公务员、乡级非专职工作人员、村和居民小组的政策和待遇以及直接参与村和居民小组活动人员的政策和待遇。

5. The People's Committee of the district shall provide guidance and inspection of the People's Committees of the communes in the implementation of policies and benefits for commune-level civil servants and non-professional staff at the commune, village, and ward levels, and persons directly participating in activities at the village and ward levels, in accordance with the regulations of the People's Committee of the province and the provisions of this Decree.

6. The 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 enforcing this Decree.