These are the basic new points of Decree No. 33/2023/ND-CP issued by the Government on June 10, regulating commune-level cadres, civil servants and non-professional workers at the commune, village and residential group levels.
From August 1, the number of commune-level officials and civil servants will increase according to population size and natural area.
The Provincial People's Committee decides the number
According to the new regulations effective from August 1, based on the current regulations, the total number of commune-level cadres and civil servants for wards of type I - II - III is 23 - 21 - 19 people, respectively; for communes and towns of type I - II - III is 22 - 20 - 18 people, respectively.
Contracting the total number of non-professional workers at the commune level according to current regulations (for communes of type I - II - III, the corresponding number is 14 - 12 - 10 people), the new decree adds regulations to increase (without maximum control) the number of commune-level civil servants and non-professional workers in commune-level administrative units with population size and natural area higher than the standards prescribed in Resolution No. 1211/2016/UBTVQH13 (amended and supplemented in Resolution No. 27/2022/UBTVQH15).
Specifically, according to population size: for wards in districts, for every increase of 1/3 of the prescribed level, 1 civil servant and 1 non-professional worker can be added.
For the remaining administrative units, for every increase of half of the prescribed level, 1 civil servant and 1 non-professional worker can be added.
In addition to increasing the number of civil servants and non-professional workers according to the above-mentioned population size, each commune-level administrative unit that increases by 100% of the prescribed level can increase by 1 civil servant and 1 non-professional worker.
The Decree stipulates the implementation of the contract for each locality (provincial level) and decentralizes the authority to the provincial People's Committee to submit to the People's Council of the same level to decide on the specific number of commune-level cadres, civil servants and part-time workers at the commune level of each district-level administrative unit under its management in accordance with practical requirements, but must ensure that it does not exceed the total number of commune-level cadres, civil servants and part-time workers at the commune level for the entire provincial level.
The People's Committee at the district level decides on the number and specific arrangement of cadres, civil servants and part-time workers in each commune-level administrative unit in accordance with practical requirements, but must ensure that it does not exceed the total number of commune-level cadres, civil servants and part-time workers at the commune level assigned by the Provincial People's Council to the district level.
Commune-level officials and civil servants must have a university degree or higher.
Another new point is that the decree stipulates standards, tasks, elections, recruitment, dismissal, removal, transfer, rotation, retirement, rewards, discipline, assessment, classification, planning, training, fostering, use, management and salary and allowance regimes for commune-level cadres and civil servants.
Accordingly, the decree clearly stipulates the standards (competency framework from university level or higher, except where otherwise provided by law or the organization's charter) and tasks (job description) of each position, title (job position) of commune-level officials and civil servants.
In case of being a commune-level cadre or civil servant who does not meet the standards, the transitional provisions stipulate that within 5 years from the effective date of the Decree, the prescribed standards must be met. After this period, if the prescribed standards are not met, the retirement regime (if eligible) will be implemented or the staff reduction policy will be implemented according to the Government's regulations.
Young volunteer intellectuals and non-professional activists at the commune level for 24 months or more who have been evaluated as having completed their tasks or better will be given priority in the recruitment or selection of civil servants at the commune level.
In addition, the new decree will not stipulate the position of police chief because regular police have been arranged at the commune level. Recruitment and appointment of the position of civil servant as head of the commune-level military command will be carried out in accordance with the provisions of the law on militia and self-defense forces.
To ensure suitability with the characteristics and situation of each locality and promote decentralization, the decree stipulates the authority to the provincial People's Committee to specifically regulate the management and use of each position and title of non-professional workers at the commune level to suit the reality of each locality.
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