Mr. Phan Minh Tien (Nghe An) learned that according to Clause 1, Article 28, Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government regulating the recruitment, use and management of civil servants: Civil servants holding leadership and management positions who are transferred or seconded to another position with a lower position allowance than the current position allowance will have their position allowance reserved for a period of 6 months.
"So, if a civil servant holds the position of Head of Division at Branch level (with a 0.3 allowance) when transferred or seconded to the Department of Agriculture and Rural Development (this position does not have a position allowance), will that civil servant be able to retain his/her current position? How many years is the retention period?" - Mr. Tien wondered.
Regarding the reflection and recommendation of Mr. Phan Minh Tien, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Regimes and policies for civil servants who are mobilized and seconded are prescribed in Article 28 of Decree 138/2020/ND-CP.
1. Civil servants holding leadership and management positions who are transferred or seconded to another position where the new position allowance is lower than the current position allowance will have their position allowance reserved for a period of 6 months.
2. The agency or organization that sends a civil servant on secondment is responsible for paying the salary and ensuring other benefits of the civil servant during the period of secondment, and arranging suitable work for the civil servant when the secondment period ends.
3. In case civil servants are seconded to work in mountainous, border, island, remote, ethnic minority areas, and areas with especially difficult socio-economic conditions, they are entitled to preferential regimes and policies according to the provisions of law.
Thus, according to the provisions of Clause 1, Article 28 of Decree No. 138/2020/ND-CP, in case a civil servant holding the position of Head of Division of a Branch (allowance 0.3) is transferred or seconded by a competent authority to work in a position with a lower allowance, the position allowance will be reserved for a period of 6 months.
