While having the retirement regime and being elected as the Chairman of the Commune Veterans Association, in addition to the current pension/working capacity loss allowance, can he/she receive public service allowances and position allowances?

Mr. Nguyen Van Nam is enjoying retirement and was elected Chairman of the Commune Veterans Association. In addition to his current pension/working capacity loss allowance, he is paid monthly allowances by the Commune People's Committee according to Decree No. 34/ 2019/ND-CP, equal to 100% of the salary level 1 of the current position and do not have to pay social insurance and health insurance.

Mr. Nam asked, in addition to the allowance according to Decree No. 34/2019/ND-CP, are you entitled to public service allowances and position allowances (before retiring, Mr. Nam graduated from professional training), intermediate or higher professional)?

In this regard, the Ministry of Home Affairs responded as follows:

The salary arrangement for commune-level cadres shall comply with the provisions of Clause 1, Article 5 of Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on titles, quantity, and some regimes, policies for cadres and civil servants of communes, wards and townships and those working part-time at commune level (amended and supplemented with a number of articles according to Decree No. 34/2019/ND-CP dated April 24, 2019 of the Government).

Accordingly, for commune-level cadres who are enjoying retirement benefits or benefits for loss of working capacity, they are subject to the subjects specified at Point c, Clause 1, Article 5 of Decree No. 92/2009/ND-CP above, specifically, : "In addition to the current pension or allowance for loss of working capacity, a monthly allowance equal to 100% of the salary level 1 of the current position under the provisions of Point a, Clause 1, Article 5 of this Decree, and do not have to pay social insurance and health insurance.

Regarding the regulations on allowances for leadership positions for commune-level cadres, the provisions of Article 7 of Decree No. 92/2009/ND-CP shall be complied with. Accordingly, commune-level cadres who fall under the subjects specified at Point b, Clause 1, Article 5 of Decree 92/2009/ND-CP are entitled to the leadership position allowance.

Meanwhile, Mr. Nguyen Van Nam, who is enjoying the retirement regime, was elected as the Chairman of the Commune Veterans Association, thus falling within the subjects specified at Point c, Clause 1, Article 5 of Decree No. 92/2009/ND- CP should not be entitled to the leadership position allowance as prescribed in Article 7 of Decree No. 92/2009/ND-CP.

Regarding the regulations on the public service allowance regime, in Articles 1 and 2 of the Government's Decree No. 34/2012/ND-CP dated April 15, 2012 on the official service allowance regime, the subjects of application of this regime are specified. the level of public service allowance must be cadres, civil servants, people receiving salary or military rank allowance working in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central level, in provinces and centrally run cities, in rural districts, urban districts, towns and provincial cities, in communes, wards, townships and the armed forces.

Meanwhile, Mr. Nguyen Van Nam, who is enjoying the retirement regime, was elected as the Chairman of the Commune Veterans Association, and is entitled to a monthly allowance equal to 100% of the salary level 1 of the current position in accordance with regulations. specified at Point a, Clause 1, Article 5 of Decree No. 92/2009/ND-CP (not subject to salary classification or military rank allowances according to the provisions of Decree No. 34/2012/ND-CP), so they are not entitled to the benefits service allowance.