Mr. Nguyen Van Nhan (character's name has been changed) is a non-professional officer at the commune level - Chairman of the Commune Red Cross Society who has had a decision on the title since January 2016.
As of July 1, 2025, at the time of retirement, Mr. Nhan has worked for 9 years and 6 months, but currently the staff handling the regime according to Decree 154 calculates his working years as only 9 years.
"So which way to calculate is correct? Thank you and hope to receive an answer soon!" - Mr. Nhan reflected.
Regarding his reflection and recommendation, the Ministry of Home Affairs responded on the Electronic Information Portal.
Clause 5, Article 5 of Decree No. 154/2025/ND-CP stipulates that 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 but have not received severance pay or have not received one-time social insurance or have not received demobilization or discharge.
In addition, Article 5 of the Decree also clearly states that the current salary to be calculated for allowances is the salary of the month immediately preceding the staff streamlining, including: salary according to the rank, position, title, professional title or salary according to the agreement of the labor contract or salary of the company manager; salary allowances (including: leadership position allowances, seniority allowances beyond the framework, seniority allowances) and salary retention difference coefficient (if any) according to the provisions of the law on salary.
In particular, for cases of unpaid leave or sick leave according to the provisions of the law on social insurance, the current monthly salary is the salary of the month immediately preceding the month before leaving work without salary or sick leave, but the basic salary is calculated according to the basic salary of the month immediately preceding the staff reduction.
The current monthly allowance for part-time workers at the commune level, in villages and residential groups is the allowance of the month immediately preceding the leave of absence, with the central budget allocating the allowance fund to pay.
In case a non-professional worker at the commune level, in a village or residential group concurrently performs the duties of another non-professional worker at the commune level, in a village or residential group, the current monthly allowance to be calculated as the monthly allowance of the current position and not the monthly allowance of the concurrent position.
Therefore, the Ministry of Home Affairs requests citizens to base on the above regulations to give opinions to the agency directly managing the implementation in accordance with regulations.
