On March 16, according to the Ministry of National Defense's Information Portal, the Ministry of National Defense has just received a petition from voters in Soc Trang province reflecting that the Commune-level Military Command (CHQS) has 4 positions, including 2 concurrent positions (except for type 1 commune-level administrative units, border communes, coastal communes, and islands).
According to Decree No. 72/2020/ND-CP dated June 30, 2020 of the Government, with the above regulations, the number of positions cannot meet the functions and tasks of the Commune-level Military Command. Propose to consider increasing the number of positions to ensure the requirements of tasks in the field of grassroots defense in the new situation.
Responding to this content, the Ministry of National Defense said that at Point a, b, Clause 1, Article 19 of the 2019 Law on Militia and Self-Defense Forces stipulates:
The command positions of the Military Command at the commune level, the Military Command of agencies and organizations include: a) Commander, Political Commissar: b) Deputy Commander, Deputy Political Commissar.
Clause 1, Article 4 of Decree No. 72/2020/ND-CP of the Government detailing a number of articles of the Law on Militia and Self-Defense Forces on the organization and construction of forces and regimes and policies for militia and self-defense forces stipulates:
The number of Deputy Commanders of the Military Command at the commune level is as follows:
a) Typed 1 commune-level administrative units, border communes, coastal communes, and islands are arranged with no more than 2 Deputy Commanders.
Based on the actual situation, the Provincial People's Committee shall submit to the People's Council of the same level a decision on the number of Deputy Commanders of the Commune-level Military Command among the number of non-professional workers at the commune level prescribed in Clause 4, Article 2 of Decree No. 34/2019/ND-CP of the Government amending and supplementing a number of regulations on commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups.
b) Commune-level administrative units not falling under the provisions of Point a, Clause 1 of this Article shall have 1 Deputy Commander.
The above provisions are in accordance with the 2019 Law on Militia and Self-Defense Forces; Decree No. 34/2019/ND-CP dated April 24, 2024 of the Government amending and supplementing a number of regulations on commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups; if the payroll increase is made, it will affect the implementation of current relevant legal documents and regulations.
Recently, the Ministry of National Defense has issued a consolidated document No. 08/VBHN-BQP detailing a number of articles of the Law on Militia and Self-Defense Forces on the organization and construction of forces and regimes and policies for militia and self-defense forces.
Article 10 of the Decree clearly states the seniority allowance regime for commune-level military command positions.
Accordingly, Commanders, Political Commissars, Deputy Commanders, Deputy Political Commissars of the Military Command at the commune level with a working period of 60 months or more are entitled to seniority allowances.
The allowance level is as follows: After 5 years (fully 60 months) of work, seniority allowance is equal to 5% of current salary and position allowance, seniority allowance exceeding the framework (if any) or current month allowance, from the sixth year onwards each year (fully 12 months) is calculated by 1%.
Commanders, Political Commissars, Deputy Commanders, Deputy Political Commissars of the Military Command at the commune level who have worked in other professions and are entitled to seniority allowances will be added to the time holding the positions of commanders of the Military Command at the commune level to calculate seniority allowances. The seniority allowance calculation period prescribed in Clause 1 of this Article, if there is a gap, will be accumulated.
The seniority allowance regime for Commanders, Political Commissars, Deputy Commanders, and Deputy Political Commissars of the Military Command at the commune level is calculated at the same salary and monthly allowance.
The seniority allowance of the Commander of the Military Command at the commune level is calculated for social insurance and health insurance contributions and benefits.
