Allowance regime when civil servants are considered for conversion to commune civil servants

The Ministry of Home Affairs has issued Official Letter 11185 guiding allowances and salary arrangement when organizing local government at 2 levels to the Department of Home Affairs of Khanh Hoa province.

Khanh Hoa Department of Home Affairs questioned in Clause 2 of Official Dispatch No. 16/CV-BCD dated August 9, 2025 of the Steering Committee for the arrangement of administrative units at all levels and the development of a model of organizing local government at 2 levels, stipulating: Maintain (conserving or continuing to receive) allowances according to the orientation in Point 3.1, Clause 3, Official Dispatch No. 03/CV-BCD and Point 4.2, Clause 4, Official Dispatch No. 11/CV-BCD mentioned above for cadres, civil servants, public employees, and employees receiving salaries from the state budget affected by the arrangement of administrative units but still being cadres, civil servants, public employees, and employees at agencies and organizations in the political system.

Accordingly, before being arranged, cadres, civil servants, public employees, and workers who are receiving any allowance among the salary allowances in Point 1 of this document will continue to receive that allowance after the arrangement.

However, currently, in order to stabilize the organizational apparatus in grassroots government, the Department of Home Affairs of Khanh Hoa province has considered transferring cases of qualified civil servants, meeting the standards to become commune-level civil servants to perform some tasks in the new administrative unit.

For example, the Department questions whether civil servants after being considered for promotion to commune-level civil servants as above are entitled to the civil service allowance regime as prescribed or will continue to maintain the salary regime previously enjoyed for 6 months until a new guidance document is issued by the competent authority.

Regarding the above content, the Ministry of Home Affairs responded in Official Letter 11185.

The Ministry of Home Affairs requests the Department of Home Affairs of Khanh Hoa province to comply with the provisions of Decree No. 34/2012/ND-CP dated April 15, 2012 of the Government on the civil service allowance regime.

Decree No. 34/2012/ND-CP clearly states the principles of application. The public service allowance is paid at the same monthly salary and is not used to calculate social insurance and health insurance contributions and benefits.

The period not included in the civil service allowance is including:

During his working and studying abroad, he/she is entitled to 40% of his/her salary as prescribed in Clause 4, Article 8 of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary regime for cadres, civil servants, public employees and armed forces;

Time off work without continuous salary for 1 month or more; Time off work to receive social insurance benefits according to the provisions of the law on social insurance;

The period of temporary suspension or temporary detention or temporary imprisonment.

When they stop working in agencies of the Communist Party of Vietnam, the State, socio-political organizations and armed forces, they will not receive public service allowances from the following month.

Subjects entitled to preferential allowances according to their profession, allowances according to their profession responsibility or special allowances according to the regulations of competent authorities shall also receive civil service allowances according to the provisions of this Decree.

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