Proposed policies for non-professional cadres at commune, village and residential group levels

(Chinhphu.vn) - In the draft Decree regulating staffing policies, the Ministry of Home Affairs has proposed a policy for non-professional workers at the commune, village, and residential group levels who are redundant due to the arrangement of commune-level administrative units to retire immediately upon the arrangement decision of the competent authority.

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To comply with the policy of ending the use of part-time workers at the commune level when implementing the 2-level local government model, the Ministry of Home Affairs proposed to design policies for part-time workers at the commune, village, and residential group levels into 2 Articles: Article 9 (regulations on policies for part-time workers at the commune level who retire immediately when implementing the 2-level local government model according to the provisions of the Law on Organization of Local Government) and Article 10 (regulations on policies for part-time workers 6 in villages and residential groups who retire immediately from the date of the arrangement decision of the competent authority).

Firstly, for part-time workers at the commune level, they will retire immediately upon implementing the 2-level local government model according to the provisions of the Law on Organization of Local Government.

Based on the policy design method prescribed in Decree No. 29/2023/ND-CP and Decree No. 178/2024/ND-CP, the Ministry of Home Affairs proposes to design a policy for non-professional workers at the commune level who immediately retire due to the implementation of the policy of terminating the use of non-professional workers at the commune level, calculated according to their working process (similar to the policy design for immediate resignation for commune-level cadres and civil servants prescribed in Decree No. 178/2024/ND-CP).

Specifically, for those who have not reached the prescribed retirement age, they are entitled to the following benefits at the same time: First, they are entitled to benefits for immediate retirement.

When implementing the 2-level local government model, the use of part-time workers at the commune level will be terminated. Accordingly, to ensure policy correlation for part-time workers at the commune level who retire immediately, the draft Decree stipulates that the one-time allowance for immediate retirement is calculated based on the remaining time compared to the retirement age for those who have paid compulsory social insurance for 5 years or more, and for those who have paid compulsory social insurance for less than 5 years, the immediate retirement allowance is calculated based on the number of years of work with compulsory social insurance (similar to the design of the early retirement policy stipulated in Decree No. 178/2024/ND-CP). Specifically as follows:

For those with less than 5 years of work experience and compulsory social insurance contributions, they will receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of work with compulsory social insurance contributions.

For those who have at least 5 years of work experience with compulsory social insurance and have 5 years or less until retirement age, they will receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by the number of months of early retirement compared to retirement age.

For those who have at least 5 years of work experience with compulsory social insurance and have at least 5 years left until retirement age, they will receive a one-time allowance equal to 0.8 times the current monthly allowance multiplied by 60 months.

Second, enjoy a subsidy equal to 1.5 times the current monthly allowance for each year of work with compulsory social insurance .

Third, receive 3 months of current monthly allowance to find a job.

Fourth, the compulsory social insurance payment period is reserved or one-time social insurance is received according to the provisions of the law on social insurance.

For commune-level cadres and civil servants who are assigned to work as part-time commune-level workers due to the reorganization of commune-level administrative units in the 2023-2025 period, they will enjoy the same benefits as prescribed in Clause 1 of this Article, but the current monthly salary used to calculate the allowance is the salary of the previous month of the position of commune-level cadres and civil servants before being assigned to work as part-time workers at the commune level.

For non-professional workers at the commune, village, and residential group levels who are of retirement age or are receiving pension or disability benefits: This is a new policy compared to the provisions of Decree No. 29/2023/ND-CP. This policy is designed similarly to the policy for people who are over retirement age but continue to work and must retire immediately as prescribed in Decree No. 178/2024/NDCP, specifically:

Decree No. 178/2024/ND-CP stipulates that those who are over retirement age but have their working time extended by the Politburo and the Secretariat will receive a one-time allowance equal to 30 months of their current salary when they retire immediately. Accordingly, the Department proposes that those who work part-time at the commune, village, and residential group levels who are of retirement age or are receiving pension or disability benefits when they retire immediately will receive a subsidy equal to 15 months of their current monthly allowance (equal to 1/2 of the subsidy level of Decree No. 178/2024/ND-CP).

Second, for part-time workers in villages and residential groups, they will stop working immediately from the date of the arrangement decision of the competent authority.

For those who have not reached retirement age, they are entitled to the same benefits as those for non-professional workers at the commune level who retire immediately upon implementing the 2-level local government model according to the provisions of the Law on Organization of Local Government mentioned above.

However, because part-time workers in villages and residential groups are not subject to compulsory social insurance, the working time to calculate the allowance for these cases is calculated to include: (i) working time with compulsory social insurance; (ii) working time in the position of part-time worker in villages and residential groups (not subject to compulsory social insurance).

For non-professional workers in villages and residential groups who have reached retirement age or are enjoying pension or disability benefits, they are entitled to a one-time allowance equal to 15 months of the current monthly allowance (similar to the policy for non-professional workers at the commune level who have reached retirement age or are enjoying pension or disability benefits).

Thu Giang

Source: https://baochinhphu.vn/de-xuat-chinh-sach-doi-voi-can-bo-khong-chuyen-trach-o-cap-xa-thon-to-dan-pho-102250530110039693.htm