Mr. Nguyen Trong Minh (character's name has been changed) said that on December 10, 2024, the Veterans Association at a higher level decided to approve the election results for the position of Chairman of the Veterans Association at the commune level.
On December 12, 2024, the District Department of Internal Affairs announced that the decision to approve his position as Chairman of the Commune-level Veterans Association was invalid and against regulations.
The reason given was that he was not qualified to hold the position and did not have an intermediate political theory degree as stipulated in Clause 2, Article 8 of Decree 33/2023/ND-CP, effective from August 1, 2023.
"The Charter of the Vietnam Veterans Association does not stipulate professional and political qualifications. I would like to ask if the Ministry of Home Affairs and the Department of Home Affairs' response is correct when I have received approval from the higher-level Veterans Association?" - Mr. Minh wondered.
Regarding Mr. Minh's proposal, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the Ministry of Home Affairs, based on the provisions of the transitional provisions of Clause 1, Article 38 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups:
Commune-level officials holding elected positions specified in Clause 1, Article 5 who do not yet meet the standards specified in Article 8 of this Decree must, within 5 years from the effective date of this Decree, meet the prescribed standards.
Clause d, Article 8 clearly states the requirement for political theory level: Graduated from secondary school or equivalent or higher. In case the law or organization's charter has provisions different from those in this Decree, the provisions of such law or charter shall apply.
Accordingly, it does not apply to first-time candidates who have never held a commune-level official position, as in Mr. Minh's case.
