The Head of the Residential Group is a cadre or civil servant

The Lao Dong Newspaper Legal Consulting Office replied:

Article 5, Decree 33/2023/ND-CP stipulates as follows:

1. Commune-level cadres specified in Clause 1, Article 2 of this Decree shall hold the following positions:

a) Party Committee Secretary and Deputy Secretary;

b) Chairman and Vice Chairman of the People's Council;

c) Chairman and Vice Chairman of the People's Committee;

d) Chairman of the Vietnam Fatherland Front Committee;

d) Secretary of the Ho Chi Minh Communist Youth Union;

e) President of the Vietnam Women's Union;

g) Chairman of the Vietnam Farmers' Union (applicable to communes, wards and towns with agricultural, forestry, fishery, fishery activities and with the Vietnam Farmers' Union);

h) Chairman of the Vietnam Veterans Association.

2. Commune-level civil servants specified in Clause 1, Article 2 of this Decree have the following titles:

a) Commander of the Military Command;

b) Office - statistics;

c) Land - construction - urban and environment (for wards and towns) or land - agriculture - construction and environment (for communes);

d) Finance - accounting;

d) Justice - civil status;

e) Culture - society.

At the same time, Clause 6, Article 33 of Decree 33/2023/ND-CP stipulates: Part-time workers in villages and residential groups with no more than 03 positions (including Party Cell Secretary, Village Head or Residential Group Head, Head of the Front Working Committee) are entitled to monthly allowances. In case the Law has other provisions, it shall be implemented according to the provisions of that law.

Thus, the Head of the Residential Group is a part-time worker in the residential group receiving a monthly allowance, not a cadre or civil servant.