Decree No. 92/2009/ND-CP on positions, quantity, and certain policies and benefits for cadres, civil servants at commune, ward, town levels, and non-professional staff at commune level.

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the positions, number, and certain benefits and policies for cadres and civil servants at commune, ward, township level (hereinafter referred to collectively as commune level); and those who engage in non-professional activities at the commune level.

Article 2. Applicability

Cadres and civil servants at the commune level, and those who engage in non-professional activities at the commune level as specified in Article 1 of this Decree include:

1. Professional cadres holding elected positions at the commune level for a term (hereinafter referred to collectively as commune-level cadres);

2. Civil servants at the commune level;

3. Those who engage in non-professional activities at the commune level.

Chapter 2.

COMMUNE LEVEL CADRES AND CIVIL SERVANTS

SECTION 1. POSITIONS, TITLES AND QUANTITY

Article 3. Positions and titles

1. Commune-level cadres have the following positions:

a) Secretary, Deputy Secretary of the Party Committee;

b) Chairman, Deputy Chairman 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 communes, wards, townships with agricultural, forestry, fishery, salt industry activities and having a Farmers' Association organization);

h) Chairman of the Vietnam Veterans Association.

2. Commune-level civil servants have the following titles:

a) Chief of Police;

b) Military Commander;

c) Office - Statistics;

d) Land Administration - Construction - Urban and Environment (for wards, townships) or Land Administration - Agriculture - Construction and Environment (for communes);

đ) Finance - Accounting;

e) Justice - Household Registration;

g) Culture - Social Affairs.

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 type of administrative unit at the commune level, specifically as follows:

a) Type 1 commune: not exceeding 25 people;

b) Type 2 commune: not exceeding 23 people;

b) Type 3 commune: not exceeding 21 people;

The classification of administrative units at the commune level shall be implemented in accordance with the provisions of Government Decree No. 159/2005/NĐ-CP dated December 27, 2005 on the classification of administrative units at the commune, ward, township levels.

2. The number of commune-level cadres and civil servants prescribed in Clause 1 of this Article includes cadres and civil servants transferred, assigned, or seconded to the commune level.

SECTION 2. SALARY REGIME AND ALLOWANCES

Article 5. Salary Classification

1. For commune-level cadres:

a) Commune-level cadres with primary education or without specialized training implement position-based salary according to the following salary table:

b) Commune-level cadres who have graduated from secondary vocational training or higher shall implement salary as administrative civil servants according to Salary Table No. 2 (Salary Table for Specialized Vocational Training for Cadres and Civil Servants in State Agencies) issued together with Government Decree No. 204/2004/NĐ-CP dated December 14, 2004 on the salary system for cadres, civil servants, public officials, and armed forces personnel (hereinafter referred to as Government Decree No. 204/2004/NĐ-CP);

c) Commune-level cadres who are currently receiving retirement benefits or disability allowances, in addition to their current retirement benefits or disability allowances, shall receive 90% of the Level 1 salary of the current position title as stipulated in Point a Clause 1 of this Article and shall not contribute to social insurance or health insurance.

2. For commune-level civil servants:

a) Commune-level civil servants who have graduated from primary education or higher, suitable for the professional title they hold, shall implement salary as administrative civil servants according to Salary Table No. 2 (Salary Table for Specialized Vocational Training for Cadres and Civil Servants in State Agencies), Salary Table No. 4 (Salary Table for Administrative and Service Staff in State Agencies and Public Institutions) issued together with Government Decree No. 204/2004/NĐ-CP;

b) Those currently holding the professional title of commune-level civil servant as specified in Clause 2 of Article 3 of this Decree but have not completed the required specialized training shall receive a salary equal to 1.18 times the minimum wage;

c) The probationary period for commune-level civil servants is as follows: 12 months for civil servants classified as specialist grade and equivalent; 6 months for civil servants classified as staff grade and equivalent; 3 months for civil servants classified as clerk grade and equivalent. During the probationary period, they shall receive 85% of the starting grade salary according to the recruited professional training level. In case they have a master's degree suitable for recruitment requirements, they shall receive 85% of Grade 2 salary of the specialist grade and equivalent; commune-level civil servants in highlands, border, sea islands areas during the probationary period shall receive 100% of the starting grade salary according to the recruited professional training level. The probationary period shall not be counted towards the years of service for salary increment.

3. Commune-level cadres and civil servants who are currently receiving war invalidity or disability benefits and do not belong to the category of retirees or disability allowance recipients, in addition to their current war invalidity or disability benefits, shall be classified according to the provisions of this Decree.

Article 6. Salary Promotion

1. Social officers at commune level specified in point a, Clause 1, Article 5 of this Decree shall have a period of five years (sixty months) to enjoy salary grade 1. If they complete their tasks and are not disciplined, they will be promoted to salary grade 2.

2. Social officers at commune level specified in point b, Clause 1, Article 5 of this Decree and civil servants at commune level specified in point a, Clause 2, Article 5 of this Decree shall implement the salary promotion system as stipulated in Article 7 of Decree No. 204/2004/NĐ-CP.

3. Social officers and civil servants at commune level who fail to complete their tasks or are disciplined with warnings or reprimands shall have their salary promotion period extended by six months; if dismissed, the period shall be extended by twelve months, starting from the effective date of the disciplinary decision.

Article 7. Position Allowance for Leadership Positions

Social officers at commune level specified in point b, Clause 1, Article 5 of this Decree shall receive position allowances for leadership positions based on the general minimum wage as follows:

a) Party Secretary: 0.30;

b) Deputy Party Secretary, Chairman of the People's Council, Chairman of the People's Committee: 0.25;

c) Chairman of the Vietnam Fatherland Front, Deputy Chairman of the People's Council, Deputy Chairman of the People's Committee: 0.20;

d) Secretary of the Ho Chi Minh Communist Youth Union, Chairwoman of the Women's Union, Chairwoman of the Farmers' Association, Chairwoman of the Veterans' Association: 0.15.

Article 8. Seniority Allowance Beyond the Framework

Social officers at commune level specified in point b, Clause 1, Article 5 of this Decree and civil servants at commune level specified in point a, Clause 2, Article 5 of this Decree shall implement the seniority allowance beyond the framework system as stipulated in Clause 1, Article 6 of Decree No. 204/2004/NĐ-CP.

Article 9. Allowance According to Commune Type

1. Social officers at commune level specified in Clause 1, Article 5 of this Decree shall receive allowances according to the type of administrative unit at commune level calculated as a percentage of the current salary, plus position allowances, seniority allowances beyond the framework, and retention coefficient (if applicable); specifically as follows:

a) Social officers at commune level type 1 receive a 10% allowance;

b) Social officers at commune level type 2 receive a 5% allowance;

2. The allowance according to the type of administrative unit at commune level mentioned in Clause 1 of this Article shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

Article 10. Allowance for Concurrent Positions

1. Social officers and civil servants at commune level who concurrently hold positions that reduce the number of personnel within the maximum limit specified in Clause 1, Article 4 of this Decree, from the date of approval by the competent authority for concurrent positions, shall receive a concurrent position allowance equal to 20% of the current salary, plus position allowances, seniority allowances beyond the framework, and retention coefficient (if applicable). In cases of holding multiple concurrent positions (including the case where the Party Secretary is concurrently the Chairman of the People's Committee), only one concurrent position allowance of 20% shall be received.

2. The concurrent position allowance shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

PART 3. OTHER REGIME

Article 11. Social Insurance and Health Insurance Regime

1. Social officers at commune level specified in points a and b, Clause 1, Article 5 of this Decree; civil servants at commune level specified in points a, b, and c, Clause 2, Article 5 of this Decree, and social officers and civil servants at commune level specified in Clause 3, Article 5 of this Decree shall participate in mandatory social insurance and health insurance schemes during their tenure, in accordance with the provisions of the law.

2. In cases where social officers and civil servants at commune level retire after reaching the retirement age and have contributed to mandatory social insurance for at least fifteen but less than twenty years without receiving a one-time pension benefit, and wish to voluntarily join the voluntary social insurance scheme, they may continue contributing according to the provisions of Government Decree No. 190/2007/NĐ-CP dated December 28, 2007 until they have contributed for twenty years, at which point they will receive a monthly pension.

Article 12. Training and Capacity Building

1. Village-level officials and civil servants shall be trained and provided with capacity building knowledge in accordance with the current job standards they hold and according to the cadre planning.

2. When village-level officials and civil servants are assigned for training and capacity building, they shall enjoy the following benefits:

a) Provided with study materials;

b) Supported with part of the meal expenses during concentrated study periods;

c) Supported with travel expenses from their workplace to the training location.

Chapter 3.

NON-STAFF MEMBERS

Article 13. Number of Non-Staff Members at the Village Level

1. Type 1 villages may arrange up to a maximum of 22 people.

2. Type 2 villages may arrange up to a maximum of 20 people.

3. Type 3 villages may arrange up to a maximum of 19 people.

Article 14. Allowances and Budget Allocations for Non-Staff Members

1. Non-staff members at the village level shall receive allowances. The specific allowance levels for each position shall be determined by the Provincial People's Council within the limit of not exceeding 1.0 times the national minimum wage.

2. The central budget will support localities at a rate equal to two-thirds of the national minimum wage for each non-staff member.

3. The Provincial People's Committee shall submit to the Provincial People's Council for determination of the positions of non-staff members; specific allowance levels for each position; allowance levels for兼任多个职位的补贴；根据本决定第1条、第2条的规定，按照行政村类型、村民小组或居民小组类型，确定非专职人员的补贴包干经费标准；规定村级群众团体活动经费包干标准，确保符合实际情况。

Article 15. Training, Capacity Building, and Social Insurance for Non-Staff Members

1. Non-staff members at the village level shall be trained and provided with capacity building knowledge in accordance with the requirements of their current duties; when assigned for training and capacity building, they shall enjoy the benefits as stipulated in Clause 2 of Article 12 of this Decree.

2. Non-staff members at the village level are not subject to mandatory social insurance participation.

Chapter 4.

IMPLEMENTING PROVISIONS

Article 16. Resolution of Existing Issues

1. Village cadres who are elderly and retired in accordance with Decision No. 130/CP dated June 30, 1975 of the Council of Ministers and Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers (now the Government) shall have their monthly allowances adjusted when the state adjusts the national minimum wage; they shall be transferred to new legal residences; upon death, the person handling the funeral shall receive funeral expenses equivalent to ten months of the national minimum wage.

In cases where village cadres who are elderly and retired had their monthly allowance benefits temporarily suspended during the period of serving a criminal sentence, and now submit a request along with a copy of the certificate confirming completion of the sentence to the District People's Committee for consideration and resolution to continue receiving monthly allowance benefits.

2. Village, town, and township cadres who held other positions under the People's Committee as specified in Clause 5 of Article 3 of 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 expense allowances for village, town, and township cadres, if they have contributed to social insurance under this position but have not yet received a one-time allowance, shall be considered as having contributed to social insurance for the purpose of enjoying social insurance benefits.

For those who held other positions under the People's Committee but did not contribute to social insurance, they shall make back payments for social insurance contributions to serve as the basis for calculating social insurance benefits.

3. Village cadres who have contributed to social insurance in accordance with Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government but have not yet received a one-time allowance, the time worked with social insurance contributions shall be counted towards social insurance benefits or can be combined with voluntary social insurance or mandatory social insurance contributions to calculate social insurance benefits as prescribed by the Social Insurance Law.

For village, town, and township cadres who have already been resolved to receive monthly allowances or one-time allowances before the effective date of this Decree, the provisions of this Decree shall not be applied to resolve again.

Article 17. Sources of funds for implementing the system and policies

The sources of funds to implement the system and policies for cadres and civil servants at the commune level shall be guaranteed from the state budget in accordance with the provisions of the State Budget Law; specifically as follows:

1. The state budget guarantees the funds for implementing the system and policies for cadres and civil servants at the commune level, persons working on a non-professional basis at the commune level, and retired elderly cadres in accordance with the regulations stipulated in this Decree.

2. The Social Insurance Fund guarantees the funds for paying benefits under the laws on social insurance for cadres and civil servants at the commune level.

Article 18. Responsibility for Implementation

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

2. The Ministry of Finance shall balance the funds for implementing additional systems and policies as prescribed in this Decree and provide guidance and inspect localities in their implementation.

3. The Vietnam Social Security shall provide guidance and inspect provincial and district-level Social Insurances in implementing social insurance systems for cadres and civil servants at the commune level in accordance with this Decree.

4. The People's Committee at the provincial level shall issue decisions assigning the number of cadres and civil servants at the commune level in accordance with Article 4 of this Decree; guide兼任多个职位以确保地方各领域都有干部和公务员负责；特别对于土地—农业—建设和环境（针对乡）的公务员职位，安排2人以确保有专门负责农业和新农村建设的公务员；文化—社会职位安排2人以确保有专门负责劳动—残疾人和社会事务的公务员；安排、指导和检查按照本决定和同级人民代表大会决议规定的制度和政策执行资金使用情况。

5. The People's Committee at the district level shall guide and inspect the People's Committees at the commune level in implementing the systems and policies for cadres and civil servants; persons working on a non-professional basis according to the regulations of the provincial People's Committee and as stipulated in this Decree.

Article 19. Effective Date

1. This Decree takes effect from January 1, 2010.

Implement the systems and policies prescribed in this Decree for Secretaries and Deputy Secretaries of grassroots Party cells (where no Party committee at the commune level has been established); Standing Members of the Party committees (where there is no full-time Deputy Secretary for Party work).

Implement the systems and policies prescribed in this Decree for persons working on a non-professional basis at village, hamlet, ward, group, tribe, cluster, and neighborhood levels (hereinafter referred to collectively as village or neighborhood). Each village or neighborhood may arrange no more than three people. The allowance for each person shall not exceed 1.0 times the general minimum wage rate.

This Decree replaces Government Decree No. 121/2003/NĐ-CP dated October 21, 2003, concerning the systems and policies for cadres and civil servants at communes, wards, and towns.

Abolish the following provisions:

a) Article 22 of Government Decree No. 184/2004/NĐ-CP dated November 2, 2004, detailing the implementation of the Self-Defense Militia Law;

b) Clause 6 of Article 8 and Table 5 (Table of Salaries for Professional Cadres at Communes, Wards, and Towns) issued together with Government Decree No. 204/2004/NĐ-CP;

c) Clause 2 of Article 2 of Government Decree No. 114/2003/NĐ-CP dated October 10, 2003, concerning cadres and civil servants at communes, wards, and towns.

Ministers, Heads of ministerial-level agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies are responsible for enforcing this Decree./