In which cases are commune-level officials entitled to retroactive public service allowances from July 2026?

Legal Consulting Department of Lao Dong Newspaper answers:

According to Decree 381/2026/ND-CP of the Government, the civil service allowance regime for commune-level cadres and civil servants is applied from July 1, 2026.

Specifically, Clause 1, Article 3, Decree 381/2026/ND-CP stipulates that the level of public service allowance equal to 55% of the current salary plus leadership position allowance and seniority allowance exceeding the frame (if any) is applied to commune-level cadres and civil servants who are not entitled to additional salary and income according to the Resolution of the People's Councils of provinces and cities on the payment of additional salary and income.

According to Clause 2, Article 3 of this Decree, the level of public service allowance equal to 25% of the current salary plus leadership position allowance and seniority allowance exceeding the frame (if any) is applied to commune-level cadres and civil servants who receive additional salary and income according to the Resolution of the People's Councils of provinces and cities on the payment of additional salary and income.

Clause 3, Article 3, of this Decree stipulates that in case commune-level cadres and civil servants in Clause 2 of this Article are entitled to a salary and additional income level lower than the 55% civil service allowance level, they are entitled to a difference equal to the 55% civil service allowance level.

Notably, Clause 3, Article 6 of this Decree stipulates that commune-level cadres and civil servants applying the civil service allowance level specified in Clause 1 and Clause 3, Article 3 of this Decree who have enjoyed a civil service allowance level lower than the 55% civil service allowance level from July 1, 2026 until the Decree takes effect, are entitled to a difference equal to the 55% civil service allowance level.

Decree 381/2026/ND-CP takes effect from October 2, 2026, and the allowance regime is applied from July 1, 2026 according to Clause 1 and Clause 2, Article 6.

Thus, commune-level cadres and civil servants under the above-mentioned category will be retroactively entitled to public service allowances to reach 55% from July 2026.

Decree 381/2026/ND-CP does not specify a specific payment date for the difference. Beneficiaries should contact the organizational department, accounting department or competent authority in the locality to check the identification of beneficiaries and calculate the difference.

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