Mr. Le Hoai Ninh (Da Nang) said that his father was born in 1965, holding the position of Member of the Standing Committee of the Commune Party Committee for the 2020-2025 term, Chairman of the Vietnam Fatherland Front Committee (VFF) of the commune for the 2019-2024 term.
In April 2024, the Commune Fatherland Front Committee held a Congress for the 2024-2029 term. His father was not old enough to be re-elected, so he resigned from the position of Chairman of the Commune Fatherland Front Committee. However, his father wished to continue participating in the work.
In June 2024, the District People's Committee decided to accept his father as a commune-level civil servant. However, in May 2024, his father did not receive a salary from the agency and did not pay social insurance.
"How will my father's salary and allowances be implemented since he stopped holding the position of Chairman of the Commune Fatherland Front Committee?" - Mr. Ninh wondered.
Regarding the reflection and recommendation of Mr. Le Hoai Ninh, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to Clause 2, Article 62 of the Law on Cadres and Civil Servants 2008 (amended and supplemented in 2019), commune-level cadres and civil servants, when holding a position, are entitled to receive salary and insurance benefits; when ceasing to hold a position, if they meet the conditions and standards prescribed by law, they will be considered for conversion to civil servants. In this case, they will be exempted from probation and will enjoy continuous benefits and policies; if they are not converted to civil servants and do not meet the conditions for retirement, they will stop receiving salary and pay voluntary insurance benefits according to the provisions of law.
The regime and policies for cadres who do not meet the age requirements for re-election or re-appointment to continue working until reaching retirement age are implemented according to the provisions of Article 4 of Decree No. 26/2015/ND-CP of the Government stipulating the regime and policies for cadres who do not meet the age requirements for re-election or re-appointment to hold positions and titles according to the term in agencies of the Communist Party of Vietnam, the State, and socio-political organizations.
Accordingly, if cadres do not meet the age requirements for re-election or reappointment and have not reached the prescribed retirement age, if they do not wish to retire early, the competent authority will arrange suitable work.
In case a suitable job cannot be arranged, the employee may take leave until reaching retirement age according to the provisions of Article 5 of this Decree.
In case the new job position does not specify the salary or allowance for the position (not a leadership position) or has a salary or allowance for the position lower than the salary or allowance for the position already enjoyed, the salary or allowance for the position already enjoyed will be retained for 6 months; from the 7th month onwards, the salary or allowance for the position (if any) of the new job position will be enjoyed.
Article 15 of Decree No. 33/2023/ND-CP of the Government regulating commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups stipulates that the Chairman of the District People's Committee has the authority to accept them as commune-level civil servants.
At the same time, the arrangement of salaries and payment of salary regimes and social insurance contributions according to current regulations are under the authority of the People's Committees at the district and commune levels where commune-level cadres and civil servants are managed and employed.
Therefore, the Ministry of Home Affairs recommends that Mr. Ninh contact the District People's Committee that manages the Commune People's Committee where his father is working for guidance and resolution according to regulations.
