Ministry of Home Affairs answers questions about policies for people working at mass organizations

Cases where the subsidy must be returned

Recently, many localities have reflected and requested central agencies to provide specific guidance on the implementation of policies and regimes for commune level; applying regulations on early retirement, as well as cases where the received allowances must be returned.

Responding to the question of working time to calculate allowances for part-time workers at the commune level, the Ministry of Home Affairs cited provisions of Clause 4 and Clause 5, Article 5 of Decree No. 154/2025 of the Government.

Accordingly, the working time to calculate allowances for part-time workers at the commune level is the total working time at the commune level and the working time with compulsory social insurance contributions in other job positions but not yet receiving severance allowance, or not yet receiving one-time social insurance benefits, or not yet receiving demobilization or discharge benefits.

Therefore, the Ministry of Home Affairs recommends that localities rely on this regulation to determine working time and calculate allowances for part-time workers at the commune level.

In particular, for cases of non-professional activities at the commune level after retiring according to Decree 154 and taking the exam to become a hospital official, or being selected to join the militia and self-defense force..., the allowance does not have to be returned.

Similarly, in the case of the Deputy Commander when resolving the regime according to Decree No. 154/2025, if arranged through the position of permanent militia, he/she does not have to return the money received according to Decree No. 154.

Two cases enjoy policies when working at mass organizations

Another issue that many organizations and individuals are concerned about and reflect on is the cases of cadres, civil servants, and workers working at mass organizations who are assigned tasks by the Party and State and assigned staffing quotas by localities.

Among them are cases of recruitment, appointment to professional titles and regular salary increase decisions, but the recruitment process is unclear. So are these cases considered as people recruited within the association's staffing quota according to the law on cadres and civil servants?

Responding to this issue, the Ministry of Home Affairs said that the Government has stipulated that people of working age are assigned and mobilized by competent authorities to work at associations assigned by the Party and the State according to decisions of competent authorities, and people are recruited within the staffing quota of associations assigned by the Party and the State according to regulations of the law on cadres and civil servants.

In addition, Decree No. 126 of the Government clearly stipulates the staffing quota as well as salary, allowance, insurance, remuneration, rewards, etc. Accordingly, they will enjoy the policies prescribed for cadres and civil servants and implement the retirement regime according to the provisions of law.

On that basis, the Ministry of Home Affairs recommends that localities review and identify cases of people working at associations assigned by the Party and State falling into two cases:

People of working age are assigned and mobilized by competent authorities to work at associations assigned by the Party and State in localities according to decisions of competent authorities.

Those recruited within the staff quota assigned to the association by competent authorities in accordance with the provisions of law shall enjoy the regimes and policies prescribed for cadres and civil servants (including public service allowances).

“For those working at associations assigned by the Party and the State to tasks that do not fall into the above two cases, they are not eligible for the regimes and policies prescribed for cadres and civil servants (including public service allowances),” the Ministry of Home Affairs stated.

Source: https://baohatinh.vn/bo-noi-vu-giai-dap-che-do-chinh-sach-cua-nguoi-cong-tac-tai-cac-hoi-quan-chung-post293189.html