Youme Law Firm LLC said that according to Article 38 of Decree 33/2023/ND-CP, it is stipulated that:
Transitional provisions
1. Commune officials are holding the election position specified in Clause 1, Article 5 but has not met the criteria prescribed in Article 8; The commune -level civil servant is holding the title prescribed in Clause 2, Article 5 but has not met the criteria specified in Article 10 and the part -time activist at the commune level specified at Point a, Clause 3, Article 34 but has not met the criteria specified in Clause 1, Article 36 of this Decree, within 5 years from the effective date of this Decree must meet the standards as prescribed. At the end of this time limit, but not yet meet the standards as prescribed, the retirement regime (if eligible) or implement the payroll streamlining policy as prescribed by the Government.
2. In the case of the work process, the commune -level officials and public employees have changed in terms of professional training and professional skills suitable to their positions and titles that are currently granted a diploma and have not yet been wage according to the new level of training before the effective date of this Decree, they are lined up according to the new training level from the effective date of this Decree.
3. In case cadres and civil servants work in agencies, organizations and units from district level or higher, they are mobilized, rotated and seconded to be commune -level officials and public servants, they continue to be able to make salary ranking, raise salary levels and seniority allowances exceeding the framework as prescribed by the Government on salary regime for cadres, civil servants, public employees and armed forces.
4. Commune -level officials who are entitled to retirement or labor loss allowance, in addition to pension or monthly labor loss allowance are now arranged, salary and allowances as prescribed in this Decree and not having to pay social insurance and health insurance.
5. Commune -level cadres and civil servants who are entitled to the regime of war invalids and diseased soldiers are not subject to retirement or labor loss allowance, in addition to the monthly regime of wounded soldiers and diseased soldiers, they are now arranged, salary and allowances according to the position of cadres or civil servants who are currently prescribed in this Decree.
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Accordingly, if cadres and civil servants working in agencies, organizations and units from district and provincial levels are rotated as cadres and civil servants at commune level, they will continue to carry out salary arrangement, raise salaries and seniority allowances exceeding the frame as prescribed by the Government on salary regime for officials and civil servants and armed forces.
