On March 9, according to the Ministry of National Defense's Electronic Information Portal, the Ministry of National Defense received a petition from voters in Ca Mau province sent by the Petition Committee.
Accordingly, voters of Ca Mau province proposed that Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government stipulates that commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups, the position of Commander of the Commune-level Military Command is a civil servant, the position of Deputy Commander is a part-time worker at the commune level.
At the same time, according to current regulations, cadres, civil servants and part-time workers at the commune level only perform tasks according to office hours of 8 hours/day.
However, in reality, the Commander and Deputy Commander of the Commune-level Military Command must perform their duties 24/24 hours, not including holidays, days off, holidays, and Tet, this is a characteristic of the commune-level military sector.
Currently, the Law on Militia and Self-Defense Forces has stipulated that Deputy Commander-in-Chief is entitled to a special allowance for national defense, while the title of Commander has not been stipulated.
Therefore, voters of Ca Mau province proposed to consider the position of Commander of the Commune-level Military Command to receive special defense allowances.
Responding to the above proposal, the Ministry of National Defense said that Clause 3, Article 33 of the 2019 Law on Militia and Self-Defense Forces stipulates that Deputy Commanders of Commune-level Military Commands, positions of commanders of mobile militia and standing militia units are entitled to special allowances for national defense and military.
Points a, b, c, d, g, Clause 1, Article 11 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups.
Accordingly, the Commander of the Commune-level Military Command is a civil servant at the commune level; is entitled to salary, allowances and a number of regimes and policies for commune-level cadres and civil servants, detailed in Clause 1, Article 16, Article 17, Article 18 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government as follows:
Clause 1, Article 16, commune-level cadres and civil servants who have graduated with training levels according to the standards on professional qualifications and skills prescribed in this Decree are salary classified as administrative civil servants with the same training level as in the professional and technical salary table for cadres and civil servants in State agencies issued with the Government Decree on salary regime for cadres, civil servants, public employees and armed forces.
The training level diploma is implemented according to the regulations of the Ministry of Education and Training and the competent authority or organization issuing the certificate.
The 2019 Law on Militia and Self-Defense Forces does not stipulate that the Commander of the Commune-level Military Command is entitled to special allowances for national defense and military, which is in accordance with the title of commune-level cadres and civil servants.
