Youme Law Firm LLC said that, based on Clause 1, Article 5 of Decree 92/2009/ND-CP as follows:
"Article 5. Salary arrangement
1. For commune-level cadres:
a) Commune-level cadres with primary qualifications or who have not been trained in professional qualifications and skills shall be paid according to the following salary table:
b) Commune cadres who have graduated with a professional and technical training level from intermediate level or higher shall be classified as administrative civil servants as prescribed in salary table No. 2 (Professional and professional salary table for cadres and civil servants in State agencies) issued with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary regime for cadres, civil servants, public employees and armed forces (hereinafter referred to as Decree No. 204/2004/ND-CP);
c) Commune-level cadres who are receiving pension or disability allowance, in addition to current pension or disability allowance, are entitled to a monthly allowance equal to 100% of the salary level 1 of the current position as prescribed in Point a, Clause 1, Article 5 of this Decree and do not have to pay social insurance or health insurance. After 5 years (60 months), if he completes the assigned tasks and is not disciplined during this time, he/she will receive 100% of the salary level 2 of the position he/she holds".
However, the salary arrangement for commune cadres is currently based on Clause 1, Article 16 of Decree No. 33/2023/ND-CP:
"Cadres and civil servants at the commune level who have graduated with training levels according to the standards on professional qualifications and skills prescribed in this Decree will be classified as administrative civil servants with the same training level as those prescribed in the professional and technical salary table for cadres and civil servants in state agencies issued together with the Government's Decree on salary regime for cadres, civil servants, public employees and armed forces".
Therefore, the current salary of commune-level civil servants as well as other subjects of cadres, civil servants and public employees in general is still implemented according to the formula:
Salary = Salary coefficient x basic salary.
Clause 2, Article 10 of Decree No. 33/2023/ND-CP stipulates the standards for each commune-level civil servant title, accordingly regulating the professional qualifications of Office - Statistics civil servants; Land - construction - urban and environment (for wards and towns) or Land - agriculture - construction and environment (for communes); Finance - accounting; Justice - civil status; Culture - society as follows:
Professional qualifications: Graduated from university or higher in a training major in accordance with the requirements and tasks of each commune-level civil servant position. In case the law has provisions other than those in this Decree, the provisions of that law shall apply".
According to Circular No. 02/2021/TT-BNV, the salary coefficient of commune-level civil servants is classified into administrative-level civil servant ranks, implemented according to the professional and technical salary table for cadres and civil servants in state agencies, issued with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary regime for cadres, civil servants, public employees and armed forces, specifically as follows:
a) The Senior Specialist rank (code 01.001) applies the salary table of civil servants of type A3, group 1 (A3.1), from salary coefficient 6.20 to salary coefficient 8.00;
b) The Senior Specialist rank (code 01.002) applies the salary table of civil servants of type A2, group 1 (A2.1), from salary coefficient 4.40 to salary coefficient 6.78;
c) The Specialist rank (code 01.003) applies the salary table of civil servants of type A1, from salary coefficient 2.34 to salary coefficient 4.98;
d) The Cadre rank (code 01.004) applies the salary table of civil servants of type A0, from salary coefficient 2.10 to salary coefficient 4.89;
d) The employee rank (code 01.005) applies the salary table of civil servants of type B, from salary coefficient 1.86 to salary coefficient 4.06".
