Decree No. 34/2019/ND-CP Amending and Supplementing Certain Provisions on Village-level Cadres and Civil Servants and Non-professional Workers at the Village Level and Ward Level

DECREE

Amending and supplementing certain provisions on village-level cadres and civil servants and non-professional staff at the village level, in hamlets, and neighborhood associations

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

The Government promulgates this Decree amending and supplementing certain provisions of the Decree No. 148/2016/NĐ-CP dated October 4, 2016 of the Government guiding the implementation of certain provisions of the Market Management Ordinance.

On the basis of the Ordinance on Implementation of Democracy in Communes, Wards, and Towns dated April 20, 2007;

Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

Pursuant to the Ordinance on Village Police dated November 21, 2008;

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

The Government promulgates this Decree amending and supplementing certain provisions on village-level cadres and civil servants and non-professional staff at the village level, in hamlets, and neighborhood associations.

Article 1. Amending and supplementing some articles of Decree No. 112/2011/NĐ-CP dated December 5, 2011 of the Government on village-level civil servants

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Specific criteria

1. Specific criteria for the position of village-level civil servant as stipulated in Clause 1, Article 3 of this Decree shall be prescribed by the Minister of Home Affairs in accordance with the characteristics of rural, urban, and island areas.

2. Specific criteria for the positions of Military Commander and Chief of Village Police shall be implemented in accordance with the provisions of specialized laws."

2. Amend and supplement Article 8 as follows:

"Article 8. Priority in recruitment

1. Priority objects and points in competitive examinations or selection for village-level civil servants:

a) Heroes of the Armed Forces, Labor Heroes, war invalids, persons enjoying benefits equivalent to war invalids, class B war invalids: shall be added 7.5 points to the examination results in round 2;

b) Ethnic minority people, military officers, police officers, professional military personnel, personnel working in confidential services, children of martyrs, children of war invalids, children of disabled veterans, children of persons enjoying benefits equivalent to war invalids, children of class B war invalids, children born from persons who participated in the resistance against chemical toxins, children of Heroes of the Armed Forces, children of Labor Heroes: shall be added 5 points to the examination results in round 2;

c) Persons who have completed their military service obligations, served for a limited time in the People's Public Security forces, volunteers of the Youth Shock Corps, young intellectuals volunteering to develop rural and mountainous areas, non-professional staff at the village level for at least 24 months and have fulfilled their tasks: shall be added 2.5 points to the examination results in round 2.

2. In cases where candidates for competitive examinations or selections for village-level civil servants fall under multiple priority categories as stipulated in Clause 1 of this Article, they shall only be added the highest priority points to the examination results in round 2 as provided for in Clause 2 of Article 11 and point b of Clause 1 of Article 14 of this Decree."

"Article 10. Point calculation for urban classification

"Article 10. Recruitment Board

1. The Recruitment Board for village-level civil servants consists of 5 or 7 members, including:

a) The Chairman of the Council is the Chairman or Deputy Chairman of the People's Committee of the district.

b) Deputy Chairperson of the Board is one leader of the Civil Service Department;

c) Member and Secretary of the Board is a civil servant of the Civil Service Department;

d) Other members are leaders of some specialized agencies under the People's Committee at the district level that are related.

2. The Recruitment Board operates based on the principle of collective decision-making, deciding by majority vote. In case the number of affirmative and negative opinions is equal, the decision shall be made according to the opinion of the Chairman of the Recruitment Board.

The Recruitment Board has the following duties and powers:

a) Establish a Working Group:

For competitive examinations: Establish an Examination Question Setting Team, Examination Supervision Team, Sealing Team, Examination Marking Team, Re-examination Team, and Examination Interview Team when conducting interviews in round 2;

For selections: Establish a Preliminary Application Review Team and an Examination Interview Team to conduct interviews in round 2.

b) Organize the collection and use of application fees in accordance with regulations;

c) Organize examinations; mark written tests or conduct interviews; check Application Registration Forms when selecting;

d) Within the latest 10 days after completing the marking of examinations, including interviews (if any), the Recruitment Board must report to the Chairman of the People's Committee at the district level for consideration and decision to approve the examination results or selection results;

e) Handle complaints and denunciations during the organization of competitive examinations or selections."

4. Amending and supplementing Article 11, Article 12 to become Article 11 as follows:

"Article 11. Content, form, and time of competitive examinations

Competitive examinations for village-level civil servants shall be conducted in two rounds as follows:

1. Round 1: Multiple-choice test conducted through computer-based testing. In cases where the People's Committee at the district level does not have the conditions to organize computer-based testing, the multiple-choice test will be conducted on paper.

a) The content of the multiple-choice test includes two parts:

Part I: General knowledge 60 questions on the political system, organizational structure of the Party, State, and political-social organizations; administrative management of the State; Party guidelines, policies, and State laws. Examination time: 60 minutes;

Part II: Information Technology 30 questions on basic knowledge and skills in applying office information technology to professional tasks. Examination time: 30 minutes;

In cases where the examination is conducted on computers, the multiple-choice test will not include a section on information technology;

b) Exempt from the information technology examination (Round 1) for those who hold a graduation certificate from a specialized college degree in information technology, computer science, or mathematics-computer science or higher;

c) The results of Round 1 are determined based on the number of correctly answered questions for each section as stipulated in point a, Clause 1 of this Article; if the number of correctly answered questions reaches 50% or more for each section, the candidate shall be eligible to proceed to Round 2 as provided for in Clause 2 of this Article;

d) In cases where the People's Committee at the district level conducts Round 1 examinations on computers, they must immediately notify the candidates of the results after completing the examination on the computer; there shall be no review of the results of Round 1 conducted on computers;

đ) In cases where the People's Committee at the district level conducts Round 1 examinations on paper, the marking process shall be carried out as follows:

The marking of Round 1 must be completed no later than 15 days after the end of Round 1;

No later than five working days after the completion of the marking of Round 1, the examination scores must be announced so that the candidates can be informed, and the announcement of the acceptance of appeals within fifteen days after the announcement of the examination scores on the website of the People's Committee at the district level must be made;

In cases where appeals are received, the re-marking must be completed no later than fifteen days after the deadline for receiving appeals, and the results of the re-marking must be announced so that the candidates can be informed;

Based on the practical conditions during the marking process, the Chairman of the People's Committee at the district level may decide to extend the deadlines for implementing the tasks specified in point đ, Clause 1 of this Article, but not exceeding fifteen days;

e) No later than five working days after the completion of the marking of Round 1 as stipulated in points d and đ, Clause 1 of this Article, the Chairman of the People's Committee at the district level must notify and summon candidates who meet the eligibility criteria for Round 2;

No later than fifteen days after the notification of the summoning of candidates to participate in Round 2, the Round 2 examination must be organized;

2. Round 2: Professional subject examination;

a) Content of the examination: Knowledge, capacity, and skills in performing public duties of the candidates according to the requirements of the civil servant position to be recruited;

In the same recruitment examination period, if there are different positions requiring different specializations and professional skills, the People's Committee at the district level shall organize the construction of different professional subject examination papers, ensuring suitability with the civil servant positions to be recruited;

b) Examination format: Oral interview or written examination;

The Chairman of the People's Committee at the district level decides on the format of the oral interview or written examination. In cases where Round 2 is organized through an oral interview format, there shall be no re-examination;

c) Examination duration: Oral interview 30 minutes, written examination 180 minutes;

d) Grading scale (oral interview or written examination): 100 points.”

5. Amend and supplement Article 13 as follows:

“Article 13. Determination of successful candidates in the recruitment examination;

1. Successful candidates in the recruitment examination for village-level civil servants must meet the following conditions:

a) Achieve a score of 50 points or higher in Round 2 as stipulated in Clause 2, Article 11 of this Decree;

b) Have a combined score of Round 2 plus any priority points as stipulated in Clause 1, Article 8 of this Decree (if applicable) which is higher than the others in descending order within the recruitment quota for each civil servant position;

2. In cases where two or more candidates have the same combined score of Round 2 plus any priority points as stipulated in Clause 1, Article 8 of this Decree (if applicable) at the final recruitment quota, the candidate with the higher Round 2 score shall be considered the successful candidate; if still undetermined, the Chairman of the People's Committee at the district level shall decide the successful candidate and bear responsibility for such decision;

3. Candidates who are not successful in the recruitment examination for village-level civil servants shall not retain their examination results for future recruitment examinations.”

6. Amend and supplement Articles 14 and 15 to become Article 14 as follows:

“Article 14. Content and format of the recruitment examination;

1. For positions of Office - Statistics, Land Administration - Construction - Urban Environment (for towns and townships) or Land Administration - Agriculture - Construction and Environment (for villages), Finance - Accounting, Justice - Civil Registration, Culture - Social Affairs, the recruitment examination shall be conducted in two rounds as follows:

a) Round 1:

Verify the diplomas, certificates, academic records, and priority status of the candidates according to the requirements of the civil servant position registered in the Application Form for Recruitment; if qualified, the candidates shall be eligible to participate in Round 2 as stipulated in point b of this clause;

No later than five working days after the conclusion of the verification of qualifications and standards of the candidates in Round 1, the Chairman of the People's Committee at the district level must notify and summon candidates who meet the eligibility criteria for the oral interview in Round 2;

No later than fifteen days after the notification of the summoning of candidates to participate in Round 2, the oral interview must be organized;

b) Round 2: Oral interview to assess the professional competence and expertise of the candidates. The interview score is calculated on a scale of 100 points. Duration of the interview: 30 minutes. There shall be no re-examination of the interview results;

2. For the position of Military Commander at the village level and Chief of Police at the village level, the registration conditions shall be implemented according to the provisions of Clause 2, Article 6 of this Decree; for villages and towns with regular police personnel, the regulations of the Law on Public Security Officers shall apply.”

7. Amend and supplement Clause 1 and Clause 2 of Article 16 as follows:

“Article 16. Determination of successful candidates in the recruitment examination for village-level civil servants;

1. Successful candidates in the recruitment examination for village-level civil servants must meet the following conditions:

a) Achieve a score of 50 points or higher in the oral interview in Round 2 as stipulated in point b, Clause 1 of this Decree;

b) Have a combined score of Round 2 plus any priority points as stipulated in Clause 1, Article 8 of this Decree (if applicable) which is higher than the others in descending order within the recruitment quota for each civil servant position;

2. In cases where two or more individuals have the same total score from the interview results specified in Point b Clause 1 Article 14 of this Decree combined with the preferential points specified in Clause 1 Article 8 of this Decree (if applicable) at the final recruitment quota, the individual with a higher score from the second round interview as specified in Point b Clause 1 Article 14 of this Decree shall be selected; if still unable to determine, the Chairman of the People's Committee of the district shall decide on the selection and bear responsibility for his decision.

8. Amend and supplement Article 17 as follows:

Article 17. Announcement of Recruitment and Acceptance of Application Forms

1. The People's Committee of the district must publicly announce at least once through mass media, on its official website, and post publicly at its office and the office of the People's Committee of the commune where the civil servant is being recruited regarding the standards, conditions, quantity, and titles of civil servants needed, the deadline and location for accepting application forms from applicants.

2. Applicants for civil servant positions must submit their application forms directly according to the form issued together with this Decree at the designated location for receiving application forms or send them via postal service.

3. The deadline for receiving application forms from applicants is 30 days after the public announcement of recruitment through mass media and the official website of the People's Committee of the district and the office of the People's Committee of the commune where the recruitment takes place.

4. At least five working days before organizing the examination or selection process, the People's Committee of the district must establish a list of eligible candidates and publicly post it at its office and the office of the People's Committee of the commune where the recruitment takes place, and notify the candidates at the address they provided.

9. Sửa đổi, bổ sung khoản 1 Điều 18 như sau:

Article 18. Organization of Recruitment

1. When the deadline for submitting application forms has ended, at least ten days before organizing the examination or selection process, the Chairman of the People's Committee of the district decides on the establishment of the Recruitment Board to organize the recruitment.

10. Amend and supplement Article 19 as follows:

Article 19. Announcement of Recruitment Results

1. Within ten days after receiving the report on the second round results from the Recruitment Board or the Department of Civil Service Affairs of the district in case no Recruitment Board is established, the People's Committee of the district must publicly post the examination or selection results and the list of proposed successful candidates at its office and the office of the People's Committee of the commune where the recruitment takes place, and on its official website; and send the examination or selection results in writing to the candidates at the address they provided.

2. Within fifteen days after the public posting of the second round results, candidates have the right to submit a request for a re-examination of the results in the case of the second round examination specified in Clause 2 Article 11 of this Decree conducted in a written test format. The Chairman of the Recruitment Board is responsible for organizing the re-examination and announcing the re-examination results within fifteen days after the deadline for submitting re-examination requests as stipulated in this clause.

3. After implementing the provisions of Clauses 1 and 2 of this Article, the Recruitment Board reports to the Chairman of the People's Committee of the district for approval of the recruitment results and sends a written notification of the successful candidate results to the candidates at the address they provided. The notification must clearly state the time when the successful candidate must come to the People's Committee of the district to receive the recruitment decision.

4. If the successful candidate does not complete the required application dossier as prescribed or engages in fraudulent behavior in filling out the application form, or if the Recruitment Board discovers that the successful candidate is using invalid certificates, the Chairman of the People's Committee of the district will issue a decision to cancel the successful candidate status and inform the applicant, while also publicly announcing on mass media or the official website of the agency and not accepting application forms from the same candidate in the next recruitment period.

5. The Chairman of the People's Committee of the district decides to recognize the recruitment result for applicants whose recruitment scores are immediately lower than those of the successful candidate whose successful candidate status was canceled as stipulated in Clause 4 of this Article.

In cases where two or more individuals have the same immediately lower recruitment scores, the Chairman of the People's Committee of the district will select the successful candidate according to the provisions of Clause 2 Article 13 of this Decree (in the case of civil servant examinations) or Clause 2 Article 16 of this Decree (in the case of civil servant selections).

11. Amend and supplement Clause 4 of Article 20 as follows:

Article 20. Deadline for Issuing Recruitment Decision and Reporting for Work

4. In cases where the successful candidate for a commune-level civil servant position does not report for work within the deadline specified in Clause 3 of this Article, the Chairman of the People's Committee of the district will issue a decision to revoke the recruitment decision and simultaneously issue a recruitment decision for another eligible candidate with the next lowest examination score.

12. Amend Article 21 as follows:

Article 21. Special Cases in Recruitment

1. Based on the conditions for applying for a commune-level civil servant position as specified in Article 6 of this Decree and job requirements, the Chairman of the People's Committee of the district may recruit without examination or selection for the following special cases:

a) Individuals who graduated from university with excellent grades domestically or good grades or better abroad, having expertise suitable for the civil servant position to be recruited;

b) Individuals with a bachelor's degree or higher in a relevant field suitable for the civil servant position to be recruited, having compulsory social insurance contributions and at least five years of work experience in the relevant field.

2. When a commune-level civil servant ceases to hold their position (not during a disciplinary period), they may be reappointed as a commune-level cadre if they were elected to such a role. If there is no longer a position for a commune-level civil servant, they will be treated according to the regulations set forth by law.

3. In cases where individuals recruited as commune-level civil servants under this Decree are assigned to positions that match their field of study or previous professional expertise, the time spent working with mandatory social insurance contributions prior to recruitment as a civil servant (if there was non-continuous work experience with mandatory social insurance contributions but without receiving a lump-sum pension benefit) shall be accumulated and counted towards determining appropriate salary levels corresponding to the recruited civil service position.

4. For the recruitment of commune-level civil servants as stipulated in Clause 1 of this Article, the Chairman of the People's Committee at the district level must establish a Testing and Examination Board.

a) The Testing and Examination Board consists of five or seven members, including: the Chairperson who is either the Chairman or Vice-Chairman of the People's Committee at the district level; one member who is the leader of the Civil Affairs Office, serving as Secretary of the Board; one member who is the Chairman or Vice-Chairman of the People's Committee at the commune level where the civil servant is expected to be assigned after recruitment; other members are representatives from relevant specialized departments.

b) The duties and powers of the Testing and Examination Board include: verifying conditions, standards, certificates, and qualifications required for the civil service position; assessing general knowledge and professional competence of candidates. The form and content of the examination are determined by the Testing and Examination Board based on the requirements of the civil service position, reported to the Chairman of the People's Committee at the district level for review and decision before organizing the examination; the Testing and Examination Board operates on a collective basis, with majority voting, and dissolves itself upon completion of its tasks.

Article 2. Amending and supplementing certain provisions of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on job titles, number, and some policies for cadres and civil servants at commune, ward, town levels and non-professional staff at commune level.

a) Amending and supplementing Point c Clause 2 as follows:

"Article 4. Number of commune-level cadres and civil servants

1. The number of commune-level cadres and civil servants is arranged according to the Decision on classification of administrative units at commune, ward, town levels. Specifically:

a) Type 1: up to 23 people;

b) Type 2: up to 21 people;

c) Type 3: up to 19 people.

2. The People's Committee of provinces and centrally-run cities decides to arrange the number of commune-level cadres and civil servants equal to or less than the provisions of Clause 1 of this Article, ensuring compliance with the job titles specified in Article 3 of this Decree and adapting to the actual situation of the locality. For communes and towns where the Head of the Commune Police Station is a regular police officer, the number of commune-level cadres and civil servants specified in Clause 1 of this Article decreases by one person.

3. The number of commune-level cadres and civil servants specified in Clause 1 of this Article includes those transferred, reassigned, or seconded to the commune level. In the case of being transferred to serve as Deputy Chairman of the People's Committee at the commune level, it shall be implemented in accordance with Decree No. 08/2016/NĐ-CP dated January 25, 2016 of the Government on the number of Deputy Chairmen of the People's Committee and procedures for election, resignation, dismissal, removal, reassignment, and demotion of members of the People's Committee."

2. Amend point c Clause 1, and supplement Clause 4 of Article 5 as follows:

"Article 5. Salary grading

1. For commune-level cadres

c) Commune-level cadres who are currently enjoying retirement benefits or disability allowances, in addition to their current retirement benefits or disability allowances, shall receive a monthly allowance equivalent to 100% of the Level 1 salary of the current position according to point a Clause 1 of Article 5 of this Decree, and are not required to contribute to social insurance or health insurance. After five years (60 months), if they complete their assigned tasks and are not disciplined during this period, they shall receive 100% of the Level 2 salary of the current position;

4. Commune-level cadres and civil servants who have been graded according to their position or according to one of the administrative civil service ranks specified in points a and b Clause 1, Clause 2 of Article 5 of this Decree, if subsequently their educational qualifications change due to training approved by the competent authority managing or using cadres and civil servants, then from the date of obtaining the graduation certificate, they shall be graded according to their new educational qualifications. For commune-level cadres and civil servants who have attended training but were not authorized by the competent authority to attend, if they obtain a qualification certificate suitable for their current position, they shall be graded according to their new educational qualifications from the date this Decree takes effect."

"Article 10. Point calculation for urban classification

"Article 10. Allowance for concurrently holding positions

1. Commune-level cadres and civil servants who concurrently hold positions reducing the maximum number specified in Clause 1 of Article 4 of this Decree by one person, from the date of authorization to concurrently hold positions, shall receive an allowance for concurrent positions including: 50% of the salary (Level 1), plus leadership position allowance (if applicable) of the concurrently held position. In cases of concurrently holding multiple positions (including cases where the Party Secretary is concurrently the Chairman of the People's Committee, or the Party Secretary is concurrently the Chairman of the People's Council), only one allowance for concurrent positions shall be received.

2. Commune-level cadres and civil servants may concurrently hold positions of non-professional staff at the commune level.

3. The allowance for concurrently holding positions shall not be used to calculate contributions or benefits for social insurance and health insurance."

4. Amendment and supplementation of Article 13 as follows:

"Article 13. Number of non-professional staff at the commune level arranged according to the Decision on classification of administrative units at commune, ward, town levels:

1. Type 1: up to 14 people.

2. Type 2: up to 12 people.

3. Type 3: up to 10 people".

5. Amending and supplementing Article 14 as follows:

"Article 14. Allowance and budget allocation for non-professional staff at the commune level

1. Persons working on a non-professional basis at the commune level shall be entitled to allowances, social insurance benefits, and medical insurance benefits. The state budget shall allocate funds for allowances, including support for social insurance and medical insurance, to pay monthly to persons working on a non-professional basis at the commune level according to the classification decision on administrative units such as communes, wards, and towns as follows:

a) Type 1 shall be allocated allowance funds equal to 16.0 times the base salary level;

b) Type 2 shall be allocated allowance funds equal to 13.7 times the base salary level;

c) Type 3 shall be allocated allowance funds equal to 11.4 times the base salary level.

2. Based on the allowance fund prescribed in Clause 1 of this Article and taking into account the specific characteristics of each commune level, management requirements, the proportion of recurrent expenditure at the commune level, and the local financial resources allocated for civil service salary reform, the People's Committee of the province shall submit to the People's Council at the same level to specify the following contents:

a) To define positions and allocate the number of persons working on a non-professional basis at the commune level not exceeding the provisions set forth in Article 13 of this Decree;

b) To specifically stipulate the allowance levels for each position and the allowance levels for concurrently holding positions for persons working on a non-professional basis at the commune level;

c) To specifically stipulate the allocation of operating funds for political and social organizations at the commune level in accordance with the actual situation of the locality.”

6. Supplement Article 14a as follows:

“Article 14a. Persons working on a non-professional basis at village-level and neighborhood-level people's organizations

1. In villages and neighborhood-level people's organizations with no more than three persons, those working on a non-professional basis shall be entitled to monthly allowances from the state budget and this shall only apply to the following positions: Secretary of the Village Party Branch; Head of the Village or Neighborhood-level People's Organization; Head of the Mass Front Work Team. Persons participating in work at the village or neighborhood-level people's organization beyond these three positions shall not be entitled to monthly allowances but shall receive compensation when directly participating in village or neighborhood-level people's organization activities from union fees, association fees allocated to mass organizations, and other sources (if any).

2. Regulations and policies for persons working on a non-professional basis at village-level and neighborhood-level people's organizations

The state budget shall allocate allowance funds equal to 3.0 times the base salary level to pay monthly to persons working on a non-professional basis in each village or neighborhood-level people's organization. For villages with 350 households or more, villages classified as key or complex in terms of security and public order according to the decision of the competent authority; villages located in border areas or islands, allowance funds shall be allocated equal to 5.0 times the base salary level.

Based on the allowance fund prescribed in this clause and taking into account the specific characteristics of each commune level, management requirements, the proportion of recurrent expenditure at the commune level, and local revenue, the People's Committee of the province shall submit to the People's Council at the same level to specify the allowance levels for each position, the allowance levels for concurrently holding positions for persons working on a non-professional basis, and the compensation for persons directly participating in village or neighborhood-level people's organization activities.”

7. Amend and supplement Clause 2, Article 15 as follows:

“Article 15. Training, development, and social insurance regulations for persons working on a non-professional basis at the commune level

2. Persons working on a non-professional basis at the commune level are subject to mandatory social insurance participation.”

8. Amend the name of Article 16 and supplement Clause 4 of Article 16 as follows:

“Article 16. Transitional Provisions

4. Those who had worked as commune-level cadres before January 1, 1998, if during their period of service they held positions specified in Decree No. 09/1998/NĐ-CP dated January 23, 1998, of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995, of the Government on living expenses for commune-level cadres, and were subsequently transferred or recruited into the People's Army, Public Security Force, or worked in state agencies, units, enterprises, or political organizations, then the time spent in these positions before January 1, 1998, which has not been counted towards monthly or one-time allowances, shall be considered as time contributing to social insurance.”

9. Amend and supplement Article 17 as follows:

“Article 17. Sources of Financial Resources for Implementation of Regulations and Policies

The financial resources for implementing regulations and policies for commune-level cadres and civil servants are guaranteed by the state budget in accordance with the Law on State Budget. Specifically as follows:

1. Financial resources for implementing regulations and policies for commune-level cadres and civil servants, persons working on a non-professional basis at the commune level, and village-level and neighborhood-level people's organizations, and retired commune-level cadres are guaranteed by the local budget in accordance with the Law on State Budget.

2. The Social Insurance Fund guarantees financial resources for paying benefits under the laws on social insurance for commune-level cadres and civil servants and persons working on a non-professional basis at the commune level.”

10. Amend and supplement Clause 2 and Clause 4 of Article 18 as follows:

“Article 18. Responsibilities for Implementation

2. The Ministry of Finance shall balance the financial resources for implementing the regulations and policies as prescribed in this Decree and guide and inspect localities in their implementation.

4. The People's Committee of the province shall decide on the number of commune-level cadres and civil servants in accordance with Clause 1 of Article 4 of this Decree; guide the concurrent holding of positions to ensure that all fields of work in the locality have cadres and civil servants assigned; arrange, guide, and inspect the use of financial resources to implement the regulations and policies as prescribed in this Decree.”

11. Amend and supplement Clause 2 of Article 19 as follows:

“Article 19. Effective Date

2. Apply the implementation of regulations and policies prescribed in this Decree to the Secretary and Deputy Secretary of the Village Party Branch (where no Party Committee at the commune level has been established) as the Secretary and Deputy Secretary of the Commune Party Committee; the Standing Committee of the Party Committee (where there is no Deputy Secretary专职负责党的工作) as the Deputy Secretary of the Commune Party Committee.”

Article 3. Effectiveness

1. This Decree takes effect from June 25, 2019.

2. Repeal Article 9 and Clause 3 of Article 19 of Decree No. 92/2009/NĐ-CP dated October 22, 2009, of the Government; repeal Decree No. 29/2013/NĐ-CP dated April 8, 2013, of the Government amending and supplementing some articles of Decree No. 92/2009/NĐ-CP dated October 22, 2009, of the Government on positions, number of personnel, and some regulations and policies for commune-level cadres and civil servants and persons working on a non-professional basis at the commune level.

Article 4. Responsibilities for Implementation

1. The Ministry of Interior, the Ministry of Finance, and the Ministry of Labor - Invalids and Social Affairs shall guide the implementation of relevant provisions as stipulated in this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central city, and related agencies, organizations, and individuals shall be responsible for enforcing this Decree./