After 2 weeks of operating the apparatus according to the 2-level local government model, many cadres and civil servants sent to the Ministry of Home Affairs many questions related to Decree 178 on policies and regimes for cadres, civil servants, public employees, workers and armed forces in implementing the organizational arrangement of the political system.
"Do commune-level civil servants who retire before the retirement age according to Decree 178 and Decree 67 and are later elected as Party cell secretaries have to return the money?", Ms. Pham Thi Tuyen sent a question to the Ministry of Home Affairs.
Regarding Ms. Pham Thi Tuyen's question, the Ministry of Home Affairs said that, based on the provisions of Decree 178 (amended and supplemented in Decree No. 67), commune-level cadres and civil servants who retire before retirement age and are then elected as Party cell secretaries of villages or residential groups do not have to return the allowance they have received.
Thus, people like Ms. Tuyen can continue to perform their duties with peace of mind without having to worry about repaying the settled regime.
"Currently, when calculating current salary to make the regime according to Decree 178 for cadres and civil servants working in key positions at the district party committee, are preferential allowances based on the profession included?", Mr. Vo Thanh Binh wondered.
Regarding this content, the Ministry of Home Affairs responded as follows: Clause 6, Article 5 of Decree No. 178 (amended and supplemented in Clause 3, Article 1 of Decree No. 67) stipulates that the current monthly salary to calculate policies and regimes includes allowances.
Specifically, the types of allowances include: Leadership position allowance; seniority allowance beyond the framework; seniority allowance; public service allowance; preferential allowance by profession; responsibility allowance by profession; Party allowance, political and social organizations; special allowance for armed forces.
Accordingly, other allowances are not included in the current monthly salary to calculate policies and regimes according to the provisions of Decree No. 178 (amended and supplemented by Decree No. 67).
Will civil servants transferred to communes with special difficulties after the merger receive new allowances?
Also interested in the regime and policies for civil servants, Mr. Nguyen Van An wondered: "I am a district-level civil servant (regional allowance 0.3) working in a particularly difficult commune (regional allowance 0.5). So, am I entitled to the attraction allowance according to Decree 76/2019 (on policies for cadres, civil servants, public employees, workers and salary earners in the armed forces working in areas with particularly difficult socio -economic conditions) and to the new regional allowance level from July 2025?"
The Ministry of Home Affairs said that in Article 13, Resolution No. 76 of the National Assembly Standing Committee on the arrangement of administrative units in 2025 stipulates: People, cadres, civil servants, public employees, workers, and salary earners in the armed forces in the administrative unit after the arrangement will continue to enjoy special regimes and policies applied by region, area or administrative unit as before the arrangement until there is another decision by the competent authority.
At the same time, maintain the scope, subjects and content of the regimes and policies according to the regulations of the Central and local governments applicable to administrative units as before the arrangement until there is another decision by the competent authority.
Decision No. 759 dated April 14, 2025 of the Prime Minister on approving the project to arrange and reorganize administrative units at all levels and build a model of organizing a 2-level local government also stipulates: Reserving the current salary and position allowance regimes and policies (if any) of cadres, civil servants and public employees assigned to work at the new provincial-level administrative unit after the arrangement for a period of 6 months. After this period, the salary and position allowance regimes and policies will be implemented in accordance with the new provisions of law.
Accordingly, in case cadres, civil servants and public employees are enjoying the regional allowance coefficient according to current regulations before July 1, 2025, when arranging administrative units and 2-level local authorities from July 1, 2025, they will continue to enjoy the regional allowance coefficient they have enjoyed until there is a decision by the competent authority.
In Clause 2, Article 1 and Article 2, Decree 76 dated October 8, 2019 of the Government on policies for cadres, civil servants, public employees, workers and salary earners in the armed forces working in areas with especially difficult socio-economic conditions stipulates areas with especially difficult socio-economic conditions and subjects to which policies in Decree No. 76 apply.
Accordingly, when arranging administrative units, cadres, civil servants and public employees to work at the headquarters of communes and villages with special difficulties are entitled to the policies in Decree No. 76. In case of working at the headquarters of communes and villages with special difficulties, they are not entitled to the policies.
a) Truong Sa and Hoang Sa island districts, DK1;
b) Communes in Region III in ethnic minority and mountainous areas, and island communes with special difficulties according to the Prime Minister's Decision;
c) Villages, hamlets, villages, hamlets, etc. (collectively referred to as villages) with special difficulties according to the Prime Minister's Decision.
Source: https://baonghean.vn/da-nhan-che-do-theo-nghi-dinh-178-duoc-bau-lam-bi-thu-chi-bo-co-phai-tra-lai-tien-10302595.html
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