Commune officials have received severance benefits, if they want to become village heads, they must refund expenses

Xuyên Đông |

Son La - The Department of Home Affairs has just answered citizens about whether commune officials who have retired and received benefits and are now elected as village heads must return the funds?

On the Son La Provincial Information Portal, reader H.A. D asked: "I am a non-specialized commune-level worker who retired due to commune merger and received retirement benefits according to Decree No. 154/2025/ND-CP of the Government.

Currently, if there are recruitment quotas for commune-level cadres and civil servants and they pass the exam to become civil servants, do they have to return the money they received for resignation according to the above decree?

Readers further asked: "As a non-specialized worker who has retired from the commune level due to commune merger and received money according to Decree 154/2025 of the Government, can they be elected as village heads when they are trusted by the people in the village? And if so, do they have to return the money they received according to the above decree?

This reader further wondered: "I have participated in work and paid compulsory social insurance for 5 years as a young volunteer intellectual and 3 years as a non-specialized commune-level official, totaling 8 years. So, according to Decree 170/2024/ND-CP, am I eligible to be employed as a commune-level civil servant?

Regarding the above questions, the Son La Department of Home Affairs has opinions on the refund of funds enjoyed under Decree No. 154/2025/ND-CP as follows:

According to the provisions of Clause 6, Article 3 of Decree 154/2025/ND-CP of the Government: "Subjects of staff streamlining if they are elected or re-recruited into agencies, organizations, and units receiving salaries from the state budget or arranged to work as non-specialized personnel in villages and residential groups within 60 months from the date of implementing staff streamlining, must return the received allowance amount to the agency, organization, and unit that has paid the allowance".

Based on the above regulations, if an individual is admitted to become a civil servant (agency receiving salary from the state budget) or is trusted and elected as a village head for 60 months (according to the decision of the competent authority), the individual must return the received allowance amount.

Regarding the conditions for receiving commune-level civil servants, the Department of Home Affairs answers as follows:

According to the provisions of Points g, h, Clause 1, Article 13 of Decree 170/2024/ND-CP:

“1. Recipient:

g) Non-specialized personnel at the commune level before the effective date of this Decree;

h) Team members of the Pilot Project on selecting young intellectuals to volunteer to communes to participate in rural and mountainous development in the period 2013 - 2020 register for labor contracts to work in communes (before July 1, 2025) to work in communes (from July 1, 2025)”.

Based on the above regulations, in case an individual is currently a non-specialized worker at the commune level (from July 1, 2025, the Party Committee and local government will consider temporarily assigning them to a position to support work for the operation of the political system of the new commune-level administrative unit) or a team member of the Pilot Project on selecting young intellectuals to volunteer to participate in rural and mountainous development in the 2013 - 2020 period registers for a labor contract to work in the commune (before July 1, 2025) to work in the commune (from July 1, 2025), they will be eligible to be employed as civil servants.

At the same time, individuals must meet the standards and conditions specified in Clause 3, Article 13 of Decree No. 170/2024/ND-CP.

Xuyên Đông
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