Wed, May 24, 2023, 14:14:00
Mr. Nguyen Viet Anh (Nghe An province) inquired whether officials holding titles at the commune level as specified in Article 3(1) of Decree No. 92/2009/NĐ-CP (such as Chairman of the Farmers' Association, Chairman of the Women's Association, Secretary of the Party Committee, etc.) are entitled to receive the severance allowance for civil servants according to Decree No. 46/2010/NĐ-CP when they voluntarily resign with approval from the competent authority.
Regarding this issue, the Ministry of Home Affairs responded as follows:
Based on the provisions of Article 64 of the Law on Cadres and Civil Servants 2008 (revised and supplemented in 2019), the request for cessation of duties by commune-level officials and civil servants shall be carried out in accordance with the corresponding provisions of the Law on Cadres and Civil Servants, the Law on Local Government Organization, the Law and Charter of socio-political organizations, the provisions of social insurance laws and specific guidelines of the Government, the Central Organizing Committee, and relevant ministries, sectors and fields.
In case a commune-level official has previously served as a commune-level civil servant, when they resign from their position, they shall be entitled to a severance allowance according to the number of years served as a commune-level civil servant, as prescribed in Government Decree No. 46/2010/ND-CP dated April 27, 2010 on cessation of duties and retirement of civil servants.
