Mr. Phung Van Binh (character's name has been changed) sent a question to the Ministry of Home Affairs, presenting his case as follows: He holds the position of Deputy Commander of the Ward Military Command in Ho Chi Minh City from April 1, 2015 to June 30, 2025. He has a total period of social insurance participation of 14 years and 11 months.
From July 1, 2025 to present, he has continued to work at the Tay Thanh Ward Military Command as a part-time worker supporting the Ward Military Command.
Regarding professional qualifications, he said he graduated from a university of law in 2018; has a junior military major and an intermediate in political theory - administration (both graduated in 2017);
Currently, he is studying for a second degree in military major at the grassroots level with a graduation date of March 2026; and is a reserve officer with the rank of lieutenant.
From the actual job position, working time and the above professional degrees, he requested the Ministry of Home Affairs to clarify whether he is eligible for recruitment as a civil servant of the Ward Military Command according to the provisions of Decree 170 on recruitment, use and management of civil servants.
Regarding his proposal, the Ministry of Home Affairs responded on the Electronic Information Portal.
According to Clause 9, Article 10 of Law No. 98/2025/QH15, the Commander, Deputy Commander, and Assistant to the Commune-level Military Command are civil servants.
Accordingly, these cases will be recruited according to the provisions of the Law on Cadres and Civil Servants No. 80/2025/QH15, Decree No. 170/2025/ND-CP and instructions in Official Dispatch No. 7644/BNV-CCVC dated September 9, 2025 of the Ministry of Home Affairs.
Official dispatch No. 7644 clearly states that cases that are not cadres or civil servants expected to be assigned to the positions of Commander, Deputy Commander, and Assistant to the Commune-level Military Command (new) must carry out the recruitment and acceptance process into civil servants according to the provisions of the Law on Cadres and Civil Servants 2025 and Decree No. 170/2025/ND-CP.
On that basis, the consideration and appointment of Commanders, Deputy Commanders, and Assistants of the Commune-level Military Command (new) shall comply with the provisions of the 2019 Law on Militia and Self-Defense Forces (amended and supplemented in Law No. 98/2025/QH15), the Government Decree and the Ministry of National Defense's instructions on the implementation of the Law on Militia and Self-Defense Forces.
Standards on training level as prescribed in Article 26 of the 2019 Law on Militia and Self-Defense Forces (amended and supplemented in Clause 13, Article 10 of Law No. 98/2025/QH15).
In case of any problems, the Ministry of Home Affairs recommends that you contact the competent authorities of the province for guidance and implementation according to regulations.
