Late for more than a year, rights left open
On October 8, 2024, the Government issued Decree 126/2024/ND-CP on the organization, operation and management of associations. The document takes effect from November 26, 2024, clearly stipulating in point a, clause 3, Article 40: "People of working age who have decisions from competent authorities assigning and transferring them to work at associations and people recruited within the staffing quota assigned to associations by competent authorities are entitled to regimes and policies according to regulations for cadres and civil servants and implement retirement regimes according to the provisions of law".
However, more than 1 year has passed, nearly 100 people who regularly work at associations assigned tasks by the Party and State (referred to as special associations) in Nghe An province have not yet been paid official allowances. For example, at the Nghe An Provincial Union of Science and Technology Associations, all 6 people in the staffing quota with valid assignment and transfer decisions have not been resolved for benefits.
Specialized association organizations have worked directly with the Department of Home Affairs many times, sent written petitions, but have not yet received results.
Problems from the management stage
Explaining the unresolved issue, the Department of Home Affairs of Nghe An province said: Every year, the Provincial People's Committee assigns the number of people working to specialized association organizations as "officials". Through reviewing dossiers, these people are received and recruited according to the Law on Officials. Therefore, according to the Department of Home Affairs, they "do not belong to the subjects entitled to public service allowances" specified in Decree 126/2024/ND-CP.
However, the analysis of legal experts shows that this argument is inappropriate. Lawyer Le Dinh Viet (Hanoi Bar Association) pointed out: "From 2010 to now, there has been no concept of management association payroll according to regulations on public employees". He cited Article 53 of Decree 24/2010/ND-CP and Article 77 of Decree 138/2020/ND-CP, both stipulating that the recruitment, use and management of recruited subjects in the payroll quota assigned to specialized associations must apply regulations on civil servants.
The Ministry of Home Affairs has also repeatedly affirmed in guiding documents sent to localities: "According to current law, the association's payroll is not a civil servant or public employee payroll". Nghe An province's management of this group of subjects as public employees for many years is not in accordance with regulations. "If the wrong application leads to employees not receiving full benefits and policies, the responsibility lies with the staff management advisory agency in the locality" - lawyer Viet emphasized.
While Nghe An has not yet resolved it, many other localities have implemented the payment of allowances to special associations immediately after Decree 126 took effect.
Faced with prolonged obstacles, on January 7, 2026, the Ministry of Home Affairs issued Official Dispatch No. 71/BNV-TCPCP officially responding to the document of the Department of Home Affairs of Nghe An province. The content of the official dispatch affirms: People working at associations assigned tasks by the Party and State are not civil servants or public employees. The Ministry requests the Department of Home Affairs to advise the Provincial People's Committee to review cases of recruitment within the staffing quota assigned to the association by competent authorities. Cases that meet the regulations in Clause 1 and Point a, Clause 2, Article 40 of Decree 126/2024/ND-CP are considered for enjoyment of regimes and policies, including public service allowances.
After more than 1 year of delay, with specific guidance from the Ministry of Home Affairs, association officials in Nghe An hope to soon receive allowances in accordance with regulations, ending the prolonged disadvantage compared to other localities.
