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Decree 92/2009/nd-Cp: Regarding The Title, Quantity, Modes, Internal Policy, Public Servants In The Communes, Wards And Towns And Those Not Dedicated To The

Original Language Title: Nghị định 92/2009/NĐ-CP: Về chức danh, số lượng, một số chế độ, chính sách đối với cán bộ, công chức ở xã, phường, thị trấn và những người hoạt động không chuyên trách ở cấp xã

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law officers, public servants were XII Congress, session 4 through July 13, 2008;

Considering the recommendation of the Minister of the Interior, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on the title, quantity, modes, internal policy, public servants in the communes, wards, communes (communes, wards and towns here called social); and active people who are dedicated to the not.

Article 2. The object to apply the cadres assigned to commune, active people who are dedicated to the not specified in article 1 of this Decree include: 1. dedicated officers held elections under the term (hereafter referred to collectively as town officials);

2. social servants;

3. Those not dedicated to the.

Chapter II officer, section 1 TOWNSHIP-LEVEL PUBLIC SERVANTS. The POSITION TITLE and NUMBER, article 3. Title, title 1. Officials there were the following: a) the Secretary, Deputy Secretary of the Party Committee;

b) Chairman, Deputy Chairman of the people's Council;

c) Chairman, Vice Chairman of people's Committee;

d) Committee Chairman Vietnam Fatherland Front;

DD) Secretary of the Communist Youth Union Ho Chi Minh;

e) President of the Vietnam Women's Union;

g) Chairman of the Vietnam farmers Association (applicable to communes, wards, the agriculture, forestry and fishery activities, Yancheng industry and organized Vietnam farmers Association);

h) President of the Vietnam Veterans Association.

2. social servants have the following titles: a) the Minister of public security;

b) Commander of the military;

c) Office-statistics;

d) cadastral-build-municipality and environment (for the province) or main location-agriculture-environment and construction (for the town);

Finance and accounting);

e) justice-Registrar;

g) socio-cultural.

Article 4. The number of officers, civil servants and social 1. The number of officials and public servants deployed township level by type of administrative unit; specifically the following: a) type 1: township-level not exceeding 25 people;

b) type 2: township-level no more than 23 people;

b) type 3: township-level not exceeding 21;

The classified administrative units comply with the provisions of Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on the classification of administrative communes, wards and towns.

2. The number of officers, civil servants and social provisions in paragraph 1 of this article include public officers be rotated, maneuver, dispatched about social.

Section 2. The MODE wage, ALLOWANCE article 5. Classified salary 1. For social: a) qualified township officials beginning training or qualification, professional done folded position salary according to payroll: STT position salary multiplier Tier 1 Tier 2 1 Party Secretary 2.85 2.35 2-Deputy Party Secretary-President of the people's Council-people's Committee Chairman 2.15 2.65 3-Sided Committee Chairman National-Vice President of the people's Council-Vice Chairman of people's Committee of 2.45 1.95 4-Secretary of the Communist Youth League-women's Union President-Chairman of the farmer-veteran Chairman 1.75 2.25 b) officials were graduating to the level of professional training Professional, from intermediate upwards make administrative officer as salary stacking provisions in the No. 2 payroll (payroll professional service for officers and civil servants in State agencies) attached to Decree No. 204/2004/ND-CP dated 14 December 2004 by the Government on the salary mode for officers , public servants and the armed forces (hereafter abbreviated as Decree No. 204/2004/ND-CP);

c) officials who are entitled to social pension or subsidy regime takes labor, in addition to pensions or allowances takes labor currently enjoy, enjoy 90% of monthly salary tier 1 of the titles we took charge as defined in art. 1 of this article and not the social insurance premiums , health insurance.

2. With regard to the social: a social servant) graduate level of training from beginner to professional fit upwards of titles, made as administrative servants wage arrangements prescribed in the No. 2 payroll (payroll professional service for officers and civil servants in State agencies) Payroll No. 4 (employee payroll Executive, served in the State bodies and the State's business units) attached to Decree No. 204/2004/ND-CP;

b) who are currently held in the name of social provisions in paragraph 2 of article 3 of this Decree have not yet graduated from the professional training, professional prescribed shall be paid equal to 1.18 versus minimum wage;

c) of the social worker is defined as follows: 12 months for public servants to be folded and equivalent professional categories of wages; 6 months for public servants is folded and rolled the turnover and wage parity; 3 months for public servants salary employee turnover ranked and equivalent. During the episode entitled 85% of the starting salary ranks according to the level of professional training are employed. Case master match the recruitment requirements are entitled to 85% of tier 2 salaries of professional and equivalent ranks; public servants in township-level high, the border, the Islands are entitled to 100% of the starting salary ranks according to level of training. The time does not count on time to consider raising the salary level according to the annual limit.

3. public officials who are entitled to social modes of wounded soldiers, the army of the disease that are not subject to retirement or pension regime takes labor, in addition to the wounded soldiers, sick regime are entitled to salary, as stipulated in this Decree.

Article 6. Upgrade to revision 1. Civil officials stated in art. 1 article 5 of this Decree have paid 1 time is 5 years (60 months enough), complete the mission, being disciplined shall be folded up wage tier 2.

2. social officers specified in point b of paragraph 1 article 5 of this Decree and social servants specified in point a of paragraph 2 article 5 of this decree made the regime raising the wage level prescribed in article 7 of Decree 204/2004/ND-CP.

3. Officers, social servant does not complete the task or discipline from reprimand, warning, then the salary raise was long time 6 months; If held, the salary raise was long time 12 months from the date of the decision to discipline is in effect.  

Article 7. Allowance for personnel leadership social provisions in point b paragraph 1 article 5 of this Decree shall be entitled to a stipend of leadership than the general minimum wage as follows: a) Party Secretary: 0.30;

b) Deputy Party Secretary, Chairman of the people's Council, Chairman of the people's Committee: 0.25;

c) Chairman National Committee, Vice Chairman of the people's Council, Vice Chairman of people's Committee: 0.20;

d) Secretary of the Communist Youth League, the women's Union President, President of the farmers Association, President of the Veterans Association: 0.15.

Article 8. Seniority allowance beyond social officers specified in point b of paragraph 1 article 5 of this Decree and social servants specified in point a of paragraph 2 article 5 of this Decree was implemented regime beyond seniority as specified in clause 1 article 6 of Decree 204/2004/ND-CP.

Article 9. Allowances by type 1 Township. Town officials prescribed in clause 1 article 5 of this Decree, be entitled to the allowance according to the type of administrative unit, calculated according to the% on current salary, plus a stipend of leadership beyond seniority allowance, and the coefficient difference reserve (if any); specifically the following: a) type 1 township officials enjoy the 10% allowance rate;

b) type 2 township officials enjoy the 5% allowance rate;

2. The allowance according to the type of administrative unit referred to in paragraph 1 of this article are not used to calculate close, enjoy social insurance regime, health insurance.

Article 10. Part-time allowance position 1. Officer, Chief social worker positions that reduce the number of people-01 maximum specified in clause 1 article 4 of this Decree, effective from the date of the decision by the authorized Chief then enjoy part-time allowance by 20% of current salary plus allowances enjoyed leadership beyond seniority allowance, and the coefficient difference reserve (if any). The case of concurrent multiple titles (including the case of Secretary level Standing Committee and Chairman of the people's Committee), also just enjoy a part-time allowance rates by 20%.

2. part-time allowance is not used to calculate the closing titles, enjoy social insurance regime, health insurance.

Category 3. SOME OTHER MODE article 11. The mode of social insurance and health insurance 1. Town officials specified in point a, point b paragraph 1 article 5 of this Decree; social servants specified in point a, point b and point c paragraph 2 article 5 of this Decree and of officers, civil servants and social rules in paragraph 3 article 5 of this Decree in time service, title subject to the authority of social insurance, compulsory health insurance as prescribed by law.

2. where the officials and public servants when the township level is out of working age, are from 15 years enough to under 20 years of compulsory social insurance, not yet receiving social insurance once, wishing to join voluntary social insurance shall be closed next stipulated in Decree No. 190/2007/ND-CP dated 28 December 2007 until the Government enough 20 years of social insurance premiums shall be entitled to a monthly pension.

Article 12. Fostering training mode 1. Officials and civil servants trained township level, fostering knowledge fits standard titles are currently kept and according to planning officials and public servants.

2. public officers to be sent to township level training, fostering, entitled as follows: mode a) granted learning materials;

b) supported a portion of money eating in time to go to school;

c) supported the cost of travel from the Agency to study place.

Chapter III


THOSE OPERATIONS are DEDICATED to article 13. The number of active people not dedicated to the 1. Social type 1 was deployed, must not exceed 22 people.

2. Social type 2 was deployed, must not exceed 20 people.

3. Social type 3 was deployed, must not exceed 20 people.

Article 14. The allowance and the cost of equity for those dedicated operation 1. Those operations are dedicated to enjoying the extra mode level. Specific allowance level of each title by provincial people's Council regulation with a level not to exceed 1.0 multiplier general minimum wage.

2. the central budget to support the local average level by 2/3 in comparison to the general minimum wage for each operation are dedicated.

3. the people's Committee of the provincial people's Council the same level prescribed titles who operate not dedicated; specific allowance levels of each position; part-time allowance level titles; the level of the stocks the funds to pay the allowance for those not dedicated to the type of administrative unit, type locality, country appropriated the provisions in paragraph 1, item 2 of this Article; regulations on the stock level of funding activities of the unions according to the number of active people not dedicated to the provisions of article 13 of this Decree to ensure conformity with the actual situation of the locality.

Article 15. Training mode, fostering and social insurance for those professional activities 1. Those operations are dedicated to the training and upgrading of knowledge consistent with mission requirements currently assume; When are trainings, fostering, enjoy the mode as specified in clause 2 article 12 of this Decree.

2. Those operations are dedicated to the not in the audience participation compulsory social insurance.

Chapter IV the TERMS OF IMPLEMENTATION of article 16. Solve exist 1. Old township officials, the decision No. 130/CP on 30 June 1975 of the Board and Government decision No. 111, dated 13 October 1981 of the Council of Ministers (the Government) are adjusted monthly allowance when the State minimum wage adjustments; the pension is transferred to the new legal residence; When he died, the men interred are receiving money buried by 10, the general minimum wage.

The case officer, the elderly paused to enjoy the monthly subsidy regime during the penalty of prison, now has a petition accompanied by a copy of the certificate already finished prison penalty sent Executive Committee at district level review, resolve to continue getting monthly subsidy regime.

2. Officer, Ward, the time took charge of the other titles in the committees as specified in clause 5 of article 3 of Decree 22/1998/ND-CP dated 23 January 1998, the Government amended and supplemented Decree No. 50/CP on 26 July 1995 the Government subsistence mode for Township officers Ward, the commune has social insurance premiums under this title that has not been a one-time voucher shall be counted as time have social insurance premiums for social insurance.

For those holding other positions in case the people's Committee but not yet social insurance premiums shall be paid to social insurance premiums as a basis for calculating social insurance.

3. the officer has the time social insurance premiums as stipulated in Decree No. 09/1998/ND-CP dated 23 January 1998 of the Government without support once, then the working time have social insurance premiums are calculated as the time to enjoy social insurance or are connected with the time involved voluntary social insurance compulsory social insurance, for the calculation of social insurance under the provisions of the law on social insurance.

For the case officer, Ward, the town was settled monthly allowance or allowances once before on this Decree takes effect shall not apply the provisions of this Decree to settle again.

Article 17. Funding to implement the regime, the policy of funding to implement the policy regime for public servants by township-level State budget guarantee under the provisions of the law on the State budget; specifically the following: 1. ensure State budget funding to implement the policy regime for public servants social, active people who are dedicated to the not, break the old officer under the provisions of this Decree;

2. Social Insurance Fund secured funding to pay the prescribed mode of social insurance legislation for public providers.

Article 18. Responsibility 1. The Ministry of Interior, in coordination with the Ministry of finance, Ministry of labor, invalids and Social Affairs guide implementation of this Decree.

2. The Ministry of Finance made the funding balance mode, increased policy prescribed in this Decree and guidance, test locally made.

3. social insurance Vietnam Guide, check the provincial social insurance, implementation at district level social insurance regime for public servants social provisions of this Decree.

4. provincial people's Committee decision delivered the number of officers, civil servants and social level as defined in article 4 of this Decree; guide the Chief some titles to ensure local work areas are public servants took charge; the title of the main address private-agriculture-environment and construction (for the town), are arranged 2 to ensure there are public officials who are dedicated to the track about agriculture, build new countryside; socio-cultural titles are arranged 2 to ensure public servants are dedicated to follow labour invalids and Social Affairs; layouts, tutorials, check the use the funds to perform mode, the policy prescribed in this Decree and by the resolution of the Council of the same level.

5. the people's committees at district level guide, check out the township-level people's committees implement mode, internal policy, public servants; active people not dedicated pursuant to the provincial people's Committee and under the provisions of this Decree.

Article 19. Effect 1. This Decree in effect made since January 1, 2010;

2. Apply the practice mode, the policy stipulated in this Decree to the Secretary, Deputy Secretary of the branch (where not already established social party); The party Standing Committee (where there is no Deputy Secretary who are dedicated to the work of the party).

3. Apply the practice mode, the policy stipulated in this Decree for those dedicated operations in villages, hamlets, a wholesale, care, population groups (Hamlet, village, Hamlet, a wholesale, care, the following population groups collectively known as Hamlet, population groups). Each hamlet, population groups were deployed not over 3 people. The level of stipend per person not more than 1.0 general minimum wage coefficient.

4. This Decree replaces Decree No. 123/2003/ND-CP dated 21 October 2003 of the Government policy for the regime, officials and public servants in communes, wards and towns.

5. Repeal the provisions in the Decree the following: a) Article 22 of Decree 184/2004/ND-CP dated November 2, 2004 detailing the Government's enforcement of the Ordinance on self-defense militia;

b) Clause 6 article 8 and no. 5 payroll (payroll officer specialising in communes, wards and towns) attached to Decree No. 204/2004/ND-CP;

c) item 2 article 2 of Decree 114/2003/ND-CP dated 10 October 2003 the Government officials and public servants communes, wards and towns.

6. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other agencies responsible for the implementation of this Decree.