Mr. Nguyen Le (name of the character changed), a commune-level civil servant working in a ward in Nghe An province, said that according to the decision of the competent authority on the list of job positions and the capacity framework for commune-level civil servants, Archives and Digital Transformation are two independent job positions. However, he is currently assigned to concurrently fully perform the tasks of both positions.
According to Mr. Nguyen Le, through studying the current regulations on civil servant management according to job positions and regimes and policies for commune-level civil servants, he has not found specific regulations on the regime applied to cases where a civil servant takes on two job positions simultaneously that have been approved by competent authorities.
Therefore, Mr. Nguyen Le requested the Ministry of Home Affairs to clarify whether a commune-level civil servant concurrently holding two independent job positions is in accordance with current regulations or not; whether this case is eligible for concurrent regimes, allowances or other policies or not. If so, he requested specific guidance on legal basis and benefit levels.
In case the law does not have regulations, he proposed that the Ministry of Home Affairs guide the application of regimes and policies so that localities have a basis to implement uniformly and in accordance with regulations.
Regarding Mr. Le's reflection and recommendations, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the Ministry of Home Affairs, Clause 2, Article 12 of Decree No. 361/2025/ND-CP dated December 31, 2025 of the Government stipulates that agencies using civil servants are responsible for arranging civil servants under their management scope for job positions according to the ratio approved by competent authorities and specified in the Decree.
In addition, point b, clause 1, Article 22 of Decree No. 170/2025/ND-CP dated June 30, 2025 of the Government, amended and supplemented in Decree No. 300/2026/ND-CP dated July 29, 2026, stipulates the arrangement and change of job positions for civil servants.
Accordingly, the head of the agency using civil servants is responsible for assigning work in accordance with the requirements of the job position; fostering, monitoring and evaluating the performance of responsibilities and tasks of civil servants.
Therefore, the Ministry of Home Affairs requests Mr. Nguyen Le to contact the agency or unit managing civil servants for guidance, consideration and settlement according to their authority.
