Ms. Le Nha, residing in Binh Tay Hamlet, Huong My Commune (formerly Ben Tre , now Vinh Long), said: In 2017, she worked for a company and participated in compulsory social insurance (SI) for more than 4 years. Due to family circumstances, she could not continue working away from home, so she resigned and took on the position of a non-professional worker at the commune level, continuing to participate in compulsory SI for more than 8 years now (from the time she started paying SI at the company).
Ms. Le Nha fully agrees and supports the policy of streamlining the payroll according to Decree 154/2025 of the Government . However, she has 2 questions that need to be answered by the authorities.
Firstly, if she quits her job according to Article 9 of Decree 154/2025 (policy for non-professional workers at the commune level to quit immediately from the implementation of the 2-level local government model according to the provisions of the Law on Organization of Local Government), will her working time be counted as including the time of paying social insurance at the company and the time as a non-professional worker at the commune level?
Second, in case she has not quit her job and is arranged to work as a part-time worker in a village or residential group according to Official Dispatch No. 12, by May 31, 2026 - when she quits her job, will she be subject to the regime in Article 9 or Article 10 (policy for part-time workers in villages and residential groups who are redundant due to immediate retirement from the date of the arrangement decision of the competent authority) of the Decree? And will the working time be calculated cumulatively from all 3 stages including working at the company, commune level, and village or residential group?
Responding to Ms. Nha's question, the Ministry of Home Affairs said that according to Clauses 5 and 6, Article 5, Decree 154/2025, the working time to calculate the allowance includes: the entire time working as a non-professional worker at the commune level (including cases with or without participation in compulsory social insurance); working time in other positions participating in compulsory social insurance. In case of leaving work according to Article 10, the employee is also counted for the working time in the village or residential group.
Regarding the specific regime when leaving work, the Ministry of Home Affairs requested Ms. Le Nha to contact the local competent authority for consideration and application in accordance with the guidance of the Decree and Official Dispatch No. 12 of the Steering Committee for the arrangement of administrative units at all levels and the construction of a 2-level local government organization model of the Government on guiding a number of contents for non-professional workers at the commune level when implementing the 2-level local government model.
Source: https://baonghean.vn/thoi-gian-dong-bhxh-de-can-bo-khong-chuyen-trach-huong-chinh-sach-tinh-gian-bien-che-10303419.html
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