The Ministry of Home Affairs has issued Official Dispatch 11185 guiding allowances and salary ranking when organizing local government at 2 levels sent to the Department of Home Affairs of Khanh Hoa province.
The Department of Home Affairs of Khanh Hoa province questioned Clause 2 of Official Dispatch No. 16/CV-BCD dated August 9, 2025 of the Steering Committee for arranging administrative units at all levels and building a 2-level local government organization model, which stipulates: The retention (preservation or continued enjoyment) of allowances according to the orientation in Point 3.1, Clause 3 of Official Dispatch No. 03/CV-BCD and Point 4.2, Clause 4, Item B of Official Dispatch No. 11/CV-BCD mentioned above is implemented for cadres, civil servants, public employees, and laborers receiving salaries from the state budget affected by the arrangement of administrative units but still being cadres, civil servants, public employees, and laborers at agencies and organizations in the political system.
Accordingly, before being arranged, cadres, civil servants, public employees, and laborers who are receiving any allowance among the salary allowances in point 1 of this document, after being arranged, they will continue to receive that allowance.
However, currently, in order to stabilize the organizational structure at the grassroots level, the Department of Home Affairs of Khanh Hoa province has considered transferring cases of civil servants who meet the conditions and standards to commune-level civil servants to perform a number of tasks in new administrative units.
Thus, this Department wonders whether civil servants after being considered for conversion into commune-level civil servants as above are entitled to the public service allowance regime as prescribed or still maintain the salary regime previously enjoyed within 6 months until there is a new guiding document from the competent authority.
Regarding the above content, the Ministry of Home Affairs has responded in Official Dispatch 11185.
The Ministry of Home Affairs requests the Department of Home Affairs of Khanh Hoa province to implement according to the provisions of Decree No. 34/2012/ND-CP dated April 15, 2012 of the Government on the public service allowance regime.
Decree No. 34/2012/ND-CP clearly states the principles of application. Public service allowances are paid for the same monthly salary period and are not used to calculate social insurance contributions and benefits, health insurance.
Time not counted for public service allowance, including:
The time spent on business trips, studying abroad is entitled to 40% of salary according to Clause 4, Article 8 of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary regime for cadres, civil servants, public employees and armed forces;
Non-permanent unpaid leave from 1 month or more; Time off to receive social insurance allowances according to the provisions of the law on social insurance;
Period of temporary suspension of work or temporary detention or imprisonment.
When ceasing to work in agencies of the Communist Party of Vietnam, the State, socio-political organizations and the armed forces, they will cease to enjoy public service allowances from the next month.
Subjects entitled to preferential allowances by profession, responsibility allowances by profession or special allowances according to the regulations of competent authorities are also entitled to public service allowances specified in this Decree.
