Implementing Decree No. 154, during the implementation process, difficulties and problems have arisen in determining working time to calculate allowances for part-time workers at the commune level who wish to retire immediately when implementing the 2-level local government model according to the provisions of the Law on Organization of Local Government.
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Recently, the Department of Home Affairs of Dak Lak province reported and requested the Ministry of Home Affairs to provide policy guidance in specific cases.
The first case is Ms. Nguyen Thi Mai, who had a decision to recruit office staff from June 22, 2009 by the Thong Nhat Ward Party Committee. On September 12, 2018, Ms. Mai had a decision to dismiss her from the position of Thong Nhat Ward Party Committee Office. The total working time was 9 years and 3 months. On September 8, 2020, Ms. Nguyen Thi Mai signed a contract to be in charge of administrative reform work in Doan Ket Ward. Then, implementing Decree No. 34 dated April 24, 2019 of the Government amending and supplementing a number of regulations on commune-level cadres, civil servants and non-professional workers at the commune, village and residential group levels, Ms. Mai was redundant and was no longer assigned to the position of administrative reform contract from January 1, 2022, so she was supported with severance pay according to Resolution No. 16/2021, the calculated support period was 1 year and 8 months.
On April 10, 2023, Ms. Nguyen Thi Mai decided to recruit a part-time staff member for Propaganda - Mass Mobilization of the Party Committee of Doan Ket Ward. On June 25, Ms. Mai decided to stop holding the position of Propaganda - Mass Mobilization of the Party Committee of Doan Ket Ward, the working period during this period was 2 years and 2 months.
The Department of Home Affairs of Dak Lak province requested the Ministry of Home Affairs to provide guidance on the following: Ms. Mai has participated in compulsory social insurance for 3 years and 3 months and has paid the insurance regime once. Thus, in Ms. Mai's case, is the working time to calculate the allowance for non-professional workers at the commune level according to the provisions of Clause 1, Article 9 of Decree 154 calculated for the two periods of being in charge of the Office of the Party Committee of Thong Nhat Ward (9 years and 3 months) and in charge of Propaganda - Mass Mobilization of Doan Ket Ward (2 years and 2 months) or is only the time of Propaganda - Mass Mobilization at Doan Ket Ward counted? Particularly, the period when Ms. Mai was in charge of administrative reform work in Doan Ket Ward (1 year and 8 months) and was supported to quit her job, is this period counted to enjoy the policy according to Clause 1, Article 9 of Decree 154 or not?
The second case is that Ms. Ngon Thi Thao had a decision to recruit the position of archivist of Ea Wy commune by the People's Committee of the commune on August 28, 2007. Then, on November 11, 2011, Ms. Thao had a decision to temporarily recruit civil servants of Ea Wy commune, so she retired from the position of archivist of the commune. However, in 2023, Ms. Thao took the civil service exam but failed, so on March 2, 2023, Ms. Thao had a decision to arrange Propaganda - Mass Mobilization of Ea Wy commune. Ms. Thao's total working time in this commune was 15 years and 3 months, including 5 months of interruption in work and no mandatory social insurance payment. On April 10, 2023, Ms. Thao had a decision to recruit her to be in charge of the Office of the Party Committee of Doan Ket ward, and on June 25, Ms. Thao had a decision to terminate this position. Ms. Thao's total working time in the Office of the Party Committee of Doan Ket ward was 2 years and 1 month. Ms. Thao has participated in compulsory social insurance for 13 years and 1 month, and has not paid social insurance once.
Thus, the Department of Home Affairs of Dak Lak province asked: In Ms. Thao's case, is the working time to calculate the allowance for non-professional workers calculated cumulatively from the two periods from the time she worked in Ea Wy commune (15 years and 3 months and Doan Ket ward 2 years and 1 month) or is it only calculated for the working time with social insurance and the time working at the Office of the Doan Ket ward Party Committee?
Regarding the above cases, the Ministry of Home Affairs said: Based on the provisions of Clause 4 and Clause 5, Article 5 of Decree No. 154 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 contributions 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.
Therefore, in the case of Ms. Nguyen Thi Mai and Ms. Ngon Thi Thao, if they are subject to the provisions of Decree No. 154, the Ministry of Home Affairs requests the Department of Home Affairs of Dak Lak province to base on the above provisions to determine the working time to calculate the allowance for non-professional workers at the commune level according to the provisions of Clause 1, Article 9 of Decree No. 154.
According to the Ministry of Home Affairs, subjects who have been downsized, if elected, re-recruited into 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 of Decree No. 154).
In case the Deputy Commander, when resolving the regime according to Decree No. 154, is assigned to a permanent militia position, he/she does not have to return the money received according to Decree No. 154.
Source: https://baobacninhtv.vn/bo-noi-vu-tra-loi-ve-thoi-gian-tinh-che-do-tinh-gian-bien-che-theo-nghi-dinh-154-postid423262.bbg
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