A reader asked:
Ms. M.D is a part-time worker at the commune level, assigned to work at the Party Committee Office, participating in social insurance until the end of April 2025.
In May - June 2025, she signed a probationary contract at an outside company and was paid social insurance by the company.
Due to the nature of 100% free outside work, she continued to participate in part-time work in the commune until early April 2025, when the commune reorganized its administrative unit.
Ms. D asked if she is eligible for support under Decree No. 154/2025/ND-CP?
Does being able to pay social insurance at an outside company during the probationary period (while still on duty in the commune) affect the conditions for considering the regime?
Regarding this issue, the Ministry of Home Affairs responds as follows:
According to the provisions of Clause 4, Article 2 of Decree No. 154/2025/ND-CP dated June 15, 2025 of the Government regulating staff streamlining, part-time workers at the commune level will retire immediately from the implementation of the 2-level local government model according to the provisions of the Law on Organization of Local Government subject to policies and regimes in Decree No. 154/2025/ND-CP.
In addition, Clause 4, Clause 5, Article 5 of Decree No. 154/2025/ND-CP stipulates that the working time to calculate allowances for non-professional workers at the commune level is the total working time in the title of non-professional workers at the commune level (including the time with compulsory social insurance contributions and the time without compulsory social insurance contributions) and the working time with compulsory social insurance contributions in other job positions in agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations from the central to commune level and armed forces but have not received severance pay or have not received one-time social insurance contributions or have not received demobilization or discharge benefits.
Therefore, it is recommended that Ms. M.D. base on the above regulations to propose to competent authorities for consideration and resolution.
