(Chinhphu.vn) – Some cases of resigning leadership positions (election, appointment) are reserved for the position allowance of the former leadership title for 6 months from the date of the decision on stopping holding the leadership title; from the 7th month onwards, stopping enjoying leadership position allowances.

Ms. Nguyen Thu Thuy would like to request for an answer about the reservation of position allowance for the following cases:

The officer holding the position of Deputy Director of the drug detoxification facility managed by the provincial People's Committee, enjoys a position allowance of 0.25, now the unit is merged into the Drug detoxification facility under the Department. of Labor - Invalids and Social Affairs manage. This officer was born in 1959, and will retire 1 year and 11 months after.

The new unit has arranged a new position for the above official as a specialist, without a position allowance.

Ms. Thuy would like to ask, can this officer be granted a 6-month position allowance? Which legal documents are based on?

Lawyer Tran Van Toan, the Khanh Hung Lawyer’s Office –the Hanoi Bar Association responds to Ms. Nguyen Thu Thuy's questions as follows:

Point c, Clause 2, Section II of the  Circular No. 02/2005 / TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of the position allowance regime for cadres, civil servants and officials who  hold leadership positions (election, appointment) in State agencies and public service delivery agencies (Point c2 has been revised by Item 1, Section II of the Circular No. 83/2005 / TT-BNV) , allowances for cases of relinquishing leadership titles (election, appointment) are as follows:

- If he / she resigns his / her leadership title due to disciplinary dismissal, removal from office, dismissal or re-appointment, he / she shall be relieved of his position-leading position allowance from the date of deciding to cease the leadership title to take effect for enforcement

- If he / she resigns his / her leadership title due to the extension of his / her working time when he / she reaches the retirement age or retains his / her leadership title to retire according to a notice of a competent agency, he / she shall be entitled to reserve the allowance current leadership position.

- If he / she resigns his / her leadership title due to organizational arrangement and streamlining according to the Government's regulations, he / she shall follow the specific instructions in those organizing, reorganizing and reducing the size of the workforce

- In case of relinquishing the title of leader (election, appointment), in addition to the cases mentioned in items c1, c2 and c3 above, the position allowance of the former leaderis reservedin 6 monthsfrom the date of the decision to discontinue leadership; from the 7th months onwards, ceasing enjoyment of leadership position allowances.

In the case of Ms. Nguyen Thu Thuy’s reflecting, the officer is holding the position of Deputy Director of the drug detoxification facility managed by the provincial People's Committee, enjoying a position allowance of 0.25, now the unit is mergedinto the drug detoxification facility managed by the Department of Labor - Invalids and Social Affairs. This officer was born in 1959, and will be retired 1 year and 11 months later. The new unit has arranged a new job position as a specialist, without position allowance.

Through information Ms. Thuy reflected, it can recognize:

- The dismissal of the leading position of the Deputy Director of the Drug Administration of Son La City is not due to disciplinary dismissal, dismissal, resignation or not re-appointment, so it is not subject to cease enjoyment of theleadership position allowance from the date of decision to stop to be the effective leadership title prescribed at Point c1, Clause 2, Section II of this Circular.

- By the time the new job is arranged with the title of a professional at the Drug Rehabilitation Facility managed by the Department of Labor, War Invalids and Social Affairs, this officer still has 23 months to retire, not belong the case of relinquishing the position of a leading officer due to being extended the working time when he / she reaches the retirement age or resigning his / her leadership tittle to retire according to a notice of a competent agency, this is not the case to reserve current position allowance levels according to Point c2, Clause 2, Section II of this Circular;

-Comparing with the plan of implementing the planning of drug detoxification network in Son La Province to 2020, orientation to 2030 (issued together with the Decision No. 2608 / QD-UBND dated October 9, 2017 of Son La Provincial People's Committee), see the content of the re-planning of the provincial multifunctional drug addiction treatment facility under the Department of Labor, Invalids and Social Affairs. The basic purpose is to renovate and improve the effectiveness of drug addiction prevention and treatment in order to reduce the harmful effects of drug addiction, limit the increase of new addicts, curb HIV infection, and contribute to ensuring security…

Accordingly, the merger of the drug detoxification facility managed by Son La City People's Committee into the provincial detoxification facility is managed by the Department of Labor, War Invalids and Social Affairs of Son La Province. Therefore, the official resigning from the position of Deputy Director of the district level to arrange the position of a specialist at the provincial level does not fall into the payroll streamlining policy specified at Point c3, Clause 2, Section II of this circular.

According to the lawyer, in case of resigning the position of the official, what Ms. Nguyen Thu Thuy mentioned above is the case applied in Point c4, Clause 2, Section II of the Circular No. 02/2005 / TT-BN on reserving the old position allowance level for 6 months from the date of the dismissal decision; ceasing enjoyment of the leadership position allowancefrom the 7th month onwards,.

Lawyer Tran Van Toan,

the Khanh Hung Lawyer’s Office – the Hanoi Bar Association