These are the basic new points of Decree No. 33/2023/ND-CP issued by the Government on June 10, regulating officials and civil servants at the commune level and non-professional personnel at the commune, village, and residential group levels.
From August 1st, the number of commune-level officials and civil servants will increase in proportion to population size and natural area.
The Provincial People's Committee has the authority to decide the number.
According to the new regulations effective from August 1st, based on the current regulations on the total number of commune-level officials and civil servants, the corresponding figures for wards of types I, II, and III are 23, 21, and 19 people; and for communes and towns of types I, II, and III are 22, 20, and 18 people respectively.
Based on the current regulations on the total number of part-time officials at the commune level (14, 12, and 10 for communes of types I, II, and III respectively), the new decree adds a provision to increase (without a maximum limit) the number of commune-level civil servants and part-time officials in administrative units at the commune level with a population size and natural area higher than the standards stipulated in Resolution No. 1211/2016/UBTVQH13 (amended and supplemented by Resolution No. 27/2022/UBTVQH15).
Specifically, based on population size: for wards within a district, for every increase of 1/3 of the prescribed level, one additional civil servant and one additional part-time worker are allowed.
For the remaining administrative units, for every increase of at least half the prescribed level, one additional civil servant and one additional part-time worker may be added.
Furthermore, based on natural area, in addition to increasing the number of civil servants and non-specialized personnel according to the population size mentioned above, each commune-level administrative unit is allowed to add one more civil servant and one more non-specialized personnel for every increase of 100% of the prescribed level.
The decree stipulates that the number of commune-level officials, civil servants, and part-time workers in each district under its management shall be determined by the Provincial People's Committee, which will submit to the Provincial People's Council for decision the specific number of commune-level officials, civil servants, and part-time workers in each district-level administrative unit under its management, in accordance with practical requirements, but ensuring that it does not exceed the total number of commune-level officials, civil servants, and part-time workers in the entire province.
The People's Committee at the district level decides on the number and specific allocation of officials, civil servants, and non-specialized personnel in each commune-level administrative unit to suit practical requirements, but must ensure that the total number of commune-level officials, civil servants, and non-specialized personnel at the commune level does not exceed the number allocated to the district by the Provincial People's Council.
Commune-level officials and civil servants must have a university degree or higher.
Another new point is that the decree stipulates the standards, duties, elections, recruitment, dismissal, removal from office, transfer, rotation, retirement, commendation, discipline, evaluation, classification, planning, training, development, utilization, management, and salary and allowance regimes for commune-level officials and civil servants.
Accordingly, the decree clearly stipulates the standards (competency framework from university level and above, except where the law or the organization's charter provides otherwise) and duties (job descriptions) for each position and title (job position) of commune-level officials and civil servants.
In cases where individuals are currently commune-level officials or civil servants but do not yet meet the required standards, the transitional provisions stipulate that they must meet the standards within 5 years from the effective date of the decree. If, after this period, they still do not meet the standards, they will be subject to retirement (if eligible) or the government's downsizing policy.
Young intellectual volunteers and part-time workers at the commune level who have served for 24 months or more and have been evaluated as having completed their tasks or better will be given priority in the recruitment or selection process for commune-level civil servants.
Furthermore, the new decree will not stipulate the position of police chief because regular police officers have already been deployed at the commune level. The recruitment and appointment of the position of head of the commune-level military command will be carried out according to the regulations of the law on militia and self-defense forces.
To ensure suitability to the characteristics and circumstances of each locality and to promote decentralization, the decree stipulates that the authority is granted to the Provincial People's Committee to specify regulations on the management and use of each position and title of part-time personnel at the commune level, in accordance with the practical situation of each locality.
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