In the process of implementing Decree No. 154/2025, the Department of Home Affairs of Dak Lak province has encountered a number of difficulties and problems and requested the Ministry of Home Affairs to provide detailed instructions for implementation.
The first case is Ms. Nguyen Thi Mai, who had a decision to recruit office staff from June 22, 2009 of the Thong Nho Ward Party Committee. On September 12, 2018, Ms. Mai issued a decision to remove her position as Secretary of the Thong Nhat Ward Party Committee Office. The total working time is 9 years and 3 months.
On September 8, 2020, Ms. Nguyen Thi Mai signed a contract in charge of administrative reform in Doan Ket ward. After that, implementing Decree No. 34/2019 dated April 24, 2019 of the Government amending and supplementing a number of regulations on commune-level cadres, civil servants and part-time workers at the commune, village and residential group levels, Ms. Mai is redundant and no longer allocated the title of administrative reform contract from January 1, 2022, so she is supported with severance pay according to Resolution No. 16/2021, the support period is 1 year and 8 months.
On April 10, 2023, Ms. Nguyen Thi Mai decided to recruit part-time staff for the Propaganda - Mass Mobilization of the Doan Ket Ward Party Committee. On June 25, Ms. Mai decided to resign from the Propaganda - Mass Mobilization task of the Doan Ket Ward Party Committee, the working period for this period is 2 years and 2 months.
The Dak Lak Provincial Department of Home Affairs requested the Ministry of Home Affairs to guide Ms. Mai to participate in compulsory social insurance for 3 years and 3 months, and have paid the one-time insurance regime.
Thus, in the case of Ms. Mai, the working time to calculate allowances for non-professional workers at the commune level as prescribed in Clause 1, Article 9 of Decree 154 is included in 2 stages: in charge of the Office of the Thong Nhat Ward Party Committee (9 years 3 months) and in charge of Propaganda - Mass Mobilization of Doan Ket Ward (2 years 2 months) or is only counted for the time of Propaganda - Mass Mobilization work in Doan Ket Ward?
In particular, during the period when Ms. Mai is in charge of administrative reform work in Doan Ket ward (1 year and 8 months), she has been supported with severance pay, will this period be counted as enjoying the policy under Clause 1, Article 9 of Decree 154?
In the above case, the Ministry of Home Affairs said that, based on the provisions of Clause 4, Clause 5, Article 5 of Decree No. 154 for guidance, the working time to calculate allowances for non-professional workers at the commune level is the total working time in the title of non-professional workers at the commune level and the working time with compulsory social insurance payment in other job positions in agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations from the Central to the commune level and armed forces but have not received severance pay or have not received one-time social insurance or have not received demobilization or discharge.
Therefore, in the case of Ms. Nguyen Thi Mai, if she is a subject specified in Decree No. 154, the Ministry of Home Affairs requests the Dak Lak Provincial Department of Home Affairs to base on the above provisions to determine working time to calculate allowances for non-professional workers at the commune level according to the provisions of Clause 1, Article 9 of Decree No. 154.
