Running a militia after streamlining the payroll does not require refunding allowances

HƯƠNG NHA |

According to the Ministry of Home Affairs, people whose positions have been downsized after being selected to join the militia and self-defense forces do not have to return the allowance they have received.

Mr. Nguyen Van Hoang (character's name has been changed) learned from Clause 6, Article 3 of Decree 154/2020/ND-CP on the principle of staff streamlining, which stipulates: In case a person subject to staff streamlining is recruited to an agency, organization or unit receiving a salary from the state budget, the allowance received must be refunded.

From this reality, Mr. Hoang wondered whether the above regulation could mean that all cases of working with the state budget, including the commune-level militia, which are supported with working days from the budget, must return the regime they have received.

"I hope the Ministry of Home Affairs will soon have specific instructions and explanations so that people understand and properly implement the regulations" - Mr. Hoang suggested.

Regarding Mr. Hoang's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.

Accordingly, based on the provisions of Clause 6, Article 3 of Decree No. 154/2025/ND-CP, the subject of staff streamlining who have enjoyed the policy according to Decree No. 154/2025/ND-CP, if selected to join the militia and self-defense force, will not have to return the allowance received.

Decree 154/2025/ND-CP also stipulates transitional provisions.

Accordingly, the subjects of staff streamlining that are being considered and resolved by competent authorities according to Decree No. 29/2023/ND-CP or have been resolved by competent authorities according to Decree No. 29/2023/ND-CP but have not yet received the regime on the effective date of this Decree will be recalculated and granted additional difference according to the policy prescribed in this Decree.

HƯƠNG NHA
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