The Ministry of Home Affairs has Official Dispatch 5607 providing guidance on some difficulties in implementing the 2-level local government model.
The Ministry of Home Affairs' guidance not only addresses Dak Lak province but is also an issue of concern to many provinces and cities in the process of operating the new model.
Drafting Decree on villages and residential groups
One of the issues mentioned is the organization of villages and residential groups in the context that after the administrative unit arrangement, many areas no longer have enough households according to regulations.
The Ministry of Home Affairs said that the Law on Organization of Local Government has stipulated the authority to establish, reorganize, dissolve, name, and rename villages and residential groups of the People's Council at the commune level.
In Document No. 4168/BNV-CQDP dated June 23, 2025, the Ministry of Home Affairs provided guidance on determining the type of community organization at the commune-level administrative unit (new), converting villages into residential groups or residential groups into villages, and renaming villages and residential groups due to duplicate names.
Currently, the Ministry is also drafting a Decree on the organization and operation of villages and residential groups, including regulations on regimes and policies for non-professional workers, to submit to the Government for consideration and promulgation.
In addition, the process of electing village heads and residential group leaders is stipulated in the Law on Grassroots Democracy and Decree No. 59/2023/ND-CP dated August 14, 2023 of the Government detailing a number of articles of the Law on Grassroots Democracy. These regulations are currently in effect and are still relevant when implementing the two-level local government model.
Deputy Military Commander at commune level is a civil servant
Notably, the Ministry of Home Affairs also clarified the content related to the position of Deputy Commander of the Commune-level Military Command - which was previously a non-professional position.
The Ministry of Home Affairs cited Law No. 98/2025/QH15 amending and supplementing a number of articles of 11 Laws on military and national defense, including the Law on Militia and Self-Defense Forces, which stipulates the authority of the Chairman of the Provincial People's Committee to decide on the appointment of deputy commanders of the Commune-level Military Command; and at the same time stipulates that the above positions are commune-level civil servants. Therefore, the dismissal of the Deputy Commander of the Commune will be under the authority of the Chairman of the Provincial People's Committee.
In the coming time, the Government will regulate the job positions for Commander, Deputy Commander, Assistant; the number of Deputy Commanders, Assistant; standards and norms of working equipment of the Military Command at the commune level according to the authority assigned in Law No. 98/2025/QH15 mentioned above.
Instructions for implementing policies and streamlining payroll
A notable point is the clear explanation of how Decree No. 178/2024/ND-CP and Decree No. 67/2025/ND-CP are applied to localities.
The Ministry of Home Affairs said that, at Point c, Clause 5, Official Dispatch No. 4177/BNV-TCBC dated June 23, 2025 of the Ministry of Home Affairs, the determination of the number of staff present is lower than the prescribed staffing framework for consideration and resolution of regimes and policies only applies to the commune level after the arrangement and merger. This is to ensure sufficient resources to perform the tasks assigned to the new commune level after implementing the 2-level local government model.
For units that have not fully utilized the assigned staff, localities must comply with the instructions in Document No. 4177/BNV-TCBC dated June 23, 2025 and Document No. 09/CV-BCĐ dated May 30, 2025 of the Government Steering Committee.
For subjects who are civil servants, public employees, leaders, and managers working at agencies and units directly affected by the organizational arrangement, but the total number of cadres, civil servants, public employees, leaders, and managers at the same level is higher than the regulations, they are eligible for consideration and settlement of regimes and policies according to the provisions of Decree No. 178/2024/ND-CP (amended and supplemented in Decree No. 67/2025/ND-CP).
The Ministry of Home Affairs also has specific instructions on working time to calculate allowances for part-time workers at the commune level.
Pursuant to the provisions of Clause 4 and Clause 5, Article 5 of Decree No. 154/2025/ND-CP for guidance, the working time to calculate the allowance for non-professional workers at the commune level is the total working time in the position of non-professional workers at the commune level and the working time with compulsory social insurance payment in other job positions in agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations from the Central to the commune level and the armed forces but have not yet received severance allowance or have not yet received one-time social insurance benefits or have not yet received demobilization or discharge benefits.
Subjects who have been downsized, if elected, re-recruited to agencies, organizations, units receiving salaries from the state budget or arranged to work as part-time workers in villages or residential groups within 60 months from the date of downsizing, must return the subsidy amount received (based on Clause 6, Article 3, Decree No. 154/2025/ND-CP).
In case the Deputy Commander, when resolving the regime according to Decree No. 154/2025/ND-CP, is assigned to a permanent militia position, he/she does not have to return the money received according to Decree No. 154/2025/ND-CP.
Thu Giang
Source: https://baochinhphu.vn/bo-noi-vu-huong-dan-to-chuc-thon-to-dan-pho-che-do-chinh-sach-can-bo-cap-xa-102250730132250921.htm
Comment (0)