Joint Circular No. 97/TTLB/TCCBCP-CP guiding the implementation of Decree No. 50/CP dated July 26, 1995 of the Government on living allowances for village, ward, and town cadres.

JOINT CIRCULAR

GUIDING IMPLEMENTATION OF DECREE NO. 50/CP OF THE GOVERNMENT ON THE SUBSIDY REGIME FOR RURAL AREA OFFICIALS ISSUED BY THE MINISTRY OF FINANCE DEPARTMENT OF PERSONNEL AND CIVIL SERVICE UNDER RESOLUTION NO. 97/TTLB/TCCBCP-CT ON AUGUST 16, 1995

On July 26, 1995, the Government issued Decree No. 50/CP on the subsidy regime for rural area officials. During the drafting process, opinions were exchanged and agreed upon with relevant central agencies and ministries, including the Government Personnel and Civil Service Department and the Ministry of Finance, to guide implementation as follows:

I. QUANTITY OF PARTY AND ADMINISTRATIVE STAFF

1. Communes, wards, and towns (collectively referred to as communes) are grassroots administrative units. Commune staff include those elected for terms and specialized personnel responsible for leading and organizing the mobilization of the local population to implement Party policies and state laws at the grassroots level. Commune staff combine their work with production and daily life in the locality. To gradually implement Central Resolution No. 8 of the Seventh Party Congress "... to streamline commune-level administration, address budget issues, and gradually professionalize certain positions at the commune level...", while improving the living conditions of commune staff in line with current economic conditions, the Government has issued Decree No. 50/CP on the subsidy regime for commune staff, which will be uniformly implemented nationwide from July 1, 1995.

2. The regulation of the number of staff and the amount of living subsidies for commune staff clearly demonstrates the significant concern and effort of the Party and State towards grassroots levels. Local People's Committees need to direct the streamlining, stabilization, and professionalization of commune administrative structures, such as office staff, land management staff, household registration and judicial staff, financial staff, etc., to effectively fulfill administrative functions in various fields at the grassroots level.

3. The number of staff allocated according to Article 1 of Decree No. 50/CP of the Government.

- The positions of Party and administrative staff in communes are allocated as follows:

Party Committee Secretary of the Commune: 2

People's Council of the Commune: 2

People's Committee of the Commune: 7 (according to Decree No. 174/CP)

Specialized Staff: 4

Positions of mass organizations' staff in communes, as defined by the respective organizations, are not included in the aforementioned total.

Provincial People's Committees and municipal people's committees directly under the central government shall base the allocation of staff on the population, area, workload, difficult terrain, political and economic situation, ethnic characteristics, religious features, security, and social order to suit each type of commune, ward, and town in their locality.

Communes allocated 16, 18, or 20 staff members represent the maximum number allowed per commune type as stipulated in Decree No. 50/CP. Provincial and district people's committees should guide the reinforcement of staff in areas with heavy workloads, such as border communes, island communes, where additional positions like deputy public security officer, deputy commune defense team leader, social welfare officer, finance officer, cultural and sports officer may be added if necessary.

Communes allocated 12 or 14 positions must arrange for兼任的干部，以确保所有工作都有人负责。

- Wards and towns should allocate staff in accordance with urban management requirements but not exceed 15 people (including the number of civil servants currently working in the ward).

For specialized staff working in communes such as health care, kindergartens, nurseries, taxation, who receive both salaries and living subsidies, they are not covered by Decree No. 50/CP and this Circular.

For commune postal staff, the post office pays the allowance, and when delivering documents to the commune, they receive allowances according to the contract decided by the Chairman of the People's Committee of the commune.

II. MONTHLY LIVING SUBSIDIES FOR CURRENT COMMUNE STAFF AND RETIREMENT ALLOWANCES FOR COMMUNE STAFF WHO HAVE STOPPED WORKING.

1. Monthly living subsidies for current commune staff:

- Party Committee Secretary (or Branch Secretary in communes without a Party Committee), Chairman of the People's Council, Chairman of the People's Committee of the commune: 200,000 VND/month.

- Deputy Party Committee Secretary (or Party Committee Standing Member), Deputy Chairman of the People's Council, Deputy Chairman of the People's Committee, Commune Defense Team Leader, Public Security Officer: 180,000 VND/month.

- Heads of mass organizations in the commune: Fatherland Front, Women's Union, Ho Chi Minh Communist Youth Union, Farmers' Association, and Veterans' Association: 180,000 VND/month.

Operating funds for each organization are sourced from the organization's fund, and if insufficient, the commune budget will support.

- Other positions: 160,000 VND/month.

Elected officials and specialized staff who have continuously worked for five years and are re-elected and continue in their specialized roles will receive a 5% increase on their current living subsidy starting from the sixth year, effective July 1, 1995.

2. Former commune staff who were retired before the issuance of Decree No. 46/CP dated June 23, 1993, based on Decision No. 130/CP dated June 20, 1975, and Decision No. 111/HĐBT dated October 13, 1981 of the Government, will receive the following allowances under Decree No. 50/CP:

- Former Secretaries and Chairmen of the People's Committee of the commune: 100,000 VND/month.

- Former Deputy Secretaries, Deputy Chairmen of the People's Committee, Commune Defense Team Leaders, Public Security Officers: 90,000 VND/month.

- Other positions: 80,000 VND/month.

3. As of July 1, 1995, implement Decree No. 50/CP of the Government; those village cadres working (including Party cadres, administrative cadres, mass organization cadres, and specialized cadres) who have continuously worked at the village for five years or more, without violating discipline from a warning or higher level of punishment or being dismissed, when they retire due to not being re-elected and cannot be reassigned to work, the Chairman of the People's Committee of the directly superior level shall decide to allow them to retire and enjoy a one-time allowance after reaching a consensus with the Head of the Provincial Civil Service Organization Department. The allowance for each year of service is equivalent to one month of the current living expenses. For those receiving a 5% additional allowance on their living expenses, this amount will be added to calculate the one-time retirement allowance.

Cadres enjoying pension benefits, retirement due to health reasons, or retirement under the one-time allowance system who subsequently participate in village work and assume positions that entitle them to living expenses for such positions, upon retirement, shall not be entitled to the one-time allowance stipulated in Article 5 of Decree No. 50/CP.

III- ORGANIZATION OF MANAGEMENT FOR DISTRIBUTION AND PAYMENT OF LIVING EXPENSES AND ALLOWANCES FOR RETIRED CADRES:

1. Sources of funds for paying living expenses and allowances to retired cadres.

These expenditures shall be covered from the village budget. The village budget must prepare sufficient sources to cover these expenditures according to regulations and within the specified time frame. In cases where village revenue is insufficient to cover regular expenses, the higher-level budget shall consider supplementing the source to cover these expenses. For the time being, the Ministry of Finance will only consider supplementing specifically for the payment of living expenses and allowances for retired cadres in mountainous villages and villages facing difficulties in provinces requiring supplementary funding from the central budget. Provinces and centrally-administered cities shall direct villages to build budgets and exploit revenue sources to ensure adequate and timely funding for living expenses and allowances for cadres. For the 1995 budget, provinces and centrally-administered cities requiring supplementary funding from the central budget shall prepare a budget estimate of the increased expenditure due to the implementation of Decree No. 50/CP from July 1, 1995, for the Ministry of Finance to supplement the funds.

2. Preparation of annual budget estimates and execution of payments, annual settlement.

Living expenses for village cadres and allowances for retired cadres must be included in the annual village budget estimates in accordance with the content of the joint circular guiding this (attached tables 1 and 2).

Living expenses and allowances for retired cadres shall be paid directly to individuals.

Expenditures related to living expenses and allowances for retired cadres shall be recorded and settled according to the current village budget classification.

IV- IMPLEMENTATION:

This circular takes effect from July 1, 1995, and replaces Circular No. 22/LBTT issued jointly by the Ministry of Finance and the Government Civil Service Organization Department on October 9, 1993.

Provincial People's Committees and centrally-administered city People's Committees shall base their guidance to lower-level People's Committees on Decree No. 50/CP dated July 26, 1995, of the Government, the joint circular, and the actual conditions of their respective localities in determining the number and duties of cadre positions in different types of villages, ensuring strict compliance with the Government's decree.

During the implementation process, provinces and centrally-administered cities need to conduct mid-term reviews, observations, and evaluations of results, and submit reports to the Government Civil Service Organization Department. Any difficulties encountered or suggestions for supplementation during implementation should be reported to the joint ministry for guidance on resolution. Village People's Committee... Table 1

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ESTIMATE OF LIVING EXPENSES FOR THE YEAR 199...

People's Committee of the Village ...Table 2

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ESTIMATE OF ALLOWANCE FOR ELDERLY AND WEAK CADRES RETIRING

Year 199...

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Serial Number...Full Name...Position...Allowance Amount...Additional Allowance...Total Allowance

Monthly...5%...Annual Total

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A Elderly and Weak Cadres

retiring under

Decision No. 130/CP and...111/HĐBT...

1 .................................

2 .................................

B Retired Cadres

receiving one-time

allowance ---------------------------------------------------------------------------------------------

Total (A + B) xxx xxx xxx

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