Mr. Dang Van Binh (name of the character changed) used to hold the position of Deputy Commander of the Military Command of the commune level and retired from work when implementing the 2-level local government model.
He requested to clarify whether when paying benefits according to Decree 154/2025/ND-CP for Deputy Commanders of Commune-level Military Commands, the benefit level includes the allowances currently enjoyed such as command position allowances, special national defense and military allowances and seniority allowances; whether these allowances are used as a basis for calculating the benefit level according to the decree; and at the same time requested guidance on the legal basis and how to determine the specific benefit level for the title of Deputy Commander of Commune-level Military Command.
Regarding Mr. Binh's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Clauses 1 and 2 of Article 5 of Decree No. 154/2025/ND-CP clearly stipulate the current salary of cadres, civil servants, public employees and monthly allowances currently enjoyed by non-specialized workers at the commune level, in villages, and residential groups to calculate staff streamlining allowances according to Decree No. 154/2025/ND-CP.
The current salary enjoyed to calculate allowances is the monthly salary immediately preceding the streamlining of staff, including: Salary level according to rank, grade, position, title, professional title or salary level according to the agreement of the labor contract or salary level of the company manager; salary allowances (including: leadership position allowance, seniority allowance beyond the frame, professional seniority allowance) and salary reserve difference coefficient (if any) according to the provisions of law on salaries.
Specifically, for cases of taking unpaid leave or sick leave according to the provisions of the law on social insurance, the current monthly salary is the immediately preceding monthly salary of the month before taking unpaid leave or sick leave, but the base salary is calculated according to the base salary of the immediately preceding month before staff reduction.
The monthly allowance currently enjoyed by non-specialized workers at the commune level, in villages, and residential groups is the monthly allowance of the month immediately preceding the dismissal, which is allocated by the central budget to the allowance fund for payment.
In case non-specialized workers at the commune level, in villages, and residential groups concurrently perform the tasks of other non-specialized workers at the commune level, in villages, and residential groups, the monthly allowance currently enjoyed to calculate the allowance is the monthly allowance of the current title and does not include the monthly allowance of the concurrent title.
At the same time, Article 12 and Article 14 of Decree No. 154/2025/ND-CP have decentralized to local authorities in resolving staff streamlining policies for cadres, civil servants, public employees and employees under their management authority.
Accordingly, the Ministry of Home Affairs requests citizens to contact competent authorities in their localities for resolution.
