During which period are commune-level officials not entitled to public service allowances?

Legal Consulting Department of Lao Dong Newspaper answers:

According to Decree 381/2026/ND-CP of the Government issued on October 2, 2026, Regulations on public service allowances for cadres and civil servants working in agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations directly under the Vietnam Fatherland Front in communes, wards, and special zones.

Specifically, Clause 2, Article 4, of this Decree, stipulates the time not counted for enjoying public service allowances, including:

a) Time spent on business trips, working and studying abroad is entitled to 40% of salary according to the provisions of Clause 4, Article 8, Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the salary regime for cadres, civil servants, public employees and armed forces;

Extracting Clause 4, Article 8, Decree No. 204/2004/ND-CP: Officials, civil servants, and public employees on the payroll of agencies and units and salaried subjects belonging to the armed forces who are sent to work, work, and study abroad for 30 consecutive days or more to enjoy living expenses sponsored by the State or to enjoy salaries and living expenses sponsored by foreign countries and international organizations, during their time abroad, they are entitled to 40% of the current salary plus leadership position allowance and seniority allowance beyond the frame (if any).

b) Non-performance leave period continuously from 01 month or more;

c) Time off from work to enjoy social insurance benefits according to the provisions of law on social insurance;

d) Time of being temporarily suspended from work or being temporarily detained or imprisoned.

In addition, Clause 3, Article 4, of this Decree stipulates: Commune-level cadres and civil servants when ceasing to work in agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations directly under the Vietnam Fatherland Front in communes, wards, and special zones shall cease to enjoy public service allowances in this Decree from the following month.

Decree 381/2026/ND-CP takes effect from October 2, 2026. According to Clause 2, Article 6, the public service allowance regime is applied from July 1, 2026 until the implementation of salary policy reform.

Thus, commune-level cadres and civil servants in one of the above cases will not be entitled to civil service allowances for the corresponding period.

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