From the date the Provincial People's Committee submits to the Government the Project on rearranging commune-level administrative units, the units subject to rearrangement will temporarily stop electing, appointing, recruiting, and receiving cadres, civil servants, and public employees at the units subject to rearrangement.
Instructions for arranging and perfecting the organizational structure
The Department of Home Affairs of Hai Duong province has just issued guidelines for arranging and perfecting the organizational apparatus; implementing policies for cadres, civil servants, public employees, workers and recognizing units of Heroes of the People's Armed Forces, Heroes of Labor when arranging commune-level administrative units in the period of 2023-2030.
According to the instructions, from the date the Provincial People's Committee submits to the Government the Project on the arrangement of commune-level administrative units, the units subject to the arrangement will temporarily stop electing and appointing leadership and management positions and recruiting and receiving cadres, civil servants and public employees at agencies and organizations in the area until the Resolution of the National Assembly Standing Committee on the arrangement of each relevant administrative unit takes effect, except in cases where there is a vacancy in the head of an agency or organization and no person in charge can be arranged according to the provisions of law, then that position will be elected and appointed.
According to the plan of the People's Committee of Hai Duong province on the implementation of the arrangement of commune-level administrative units in the period of 2023 - 2025, before March 2024, the People's Committee of the province will submit to the Government the Project on the arrangement of commune-level administrative units in the period of 2023 - 2025.
Regarding the policy settlement for redundant cadres, civil servants and public employees in the political system at the commune-level administrative units implementing the arrangement, the Department of Home Affairs coordinates with the Provincial Party Committee's Organization Board to guide affiliated agencies and units to review and adjust the quota of cadres, civil servants, the number of employees (public employee payroll) for agencies, organizations, units and the number of non-professional workers at the commune level at the administrative units formed after the arrangement within the quota assigned by the competent authority for the period 2022-2026. Periodically in November of each year, synthesize and advise the Provincial People's Committee to report to the Ministry of Home Affairs on the adjustment of the number of public employees and the number of commune-level cadres and civil servants according to regulations.
Based on reviewing and adjusting the staffing quota of agencies, organizations, units and the number of part-time workers at the commune level, clearly identify the number of commune-level officials, cadres, civil servants and the number of part-time workers at the commune level, in villages and residential areas in surplus (including those holding leadership and management positions) to resolve the regime and policies according to the provisions of Article 12 of Resolution No. 35/2023/UBTVQH15.
Recruitment, reception, transfer, rotation, arrangement, and assignment of work for cadres, civil servants, public employees, and non-professional workers at the commune level, in villages, and in residential areas who are redundant due to the arrangement of commune-level administrative units to work at other agencies, organizations, and units in the political system shall be implemented in accordance with the provisions of the Law on Cadres and Civil Servants 2008 and the Law on Public Employees 2010 (amended and supplemented in 2019); Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government regulating the recruitment, use, and management of civil servants; Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government regulating the recruitment, use and management of civil servants and Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups.
In case cadres, civil servants, public employees, workers and part-time workers at the commune level, in villages and residential areas who are redundant due to the arrangement of commune-level administrative units wish to quit their jobs or retire, the head of the competent management agency shall decide to implement policies and regimes: if they are subject to staff streamlining, they shall comply with the provisions of Decree No. 29/2023/ND-CP dated June 3, 2023 of the Government regulating staff streamlining. If not subject to staff reduction as prescribed in Decree No. 29/2023/ND-CP, the termination and retirement regime shall be implemented as prescribed in Decree No. 26/2015/ND-CP dated March 9, 2015 of the Government stipulating regimes and policies for cadres who do not meet the age requirements for re-election or re-appointment to positions and titles according to their terms in agencies of the Party, State, socio-political organizations, Decree No. 46/2010/ND-CP dated April 27, 2010 of the Government stipulating termination and retirement procedures for civil servants, Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government stipulating recruitment, use and management of civil servants, Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government stipulating cadres. Ministries, communal-level civil servants and non-professional workers at communal, village and residential group levels.
Regime, policy
In addition to the regimes and policies prescribed in the above decrees, on the basis of the provincial budget balance, the Department of Home Affairs shall coordinate with the Department of Finance and provincial departments, branches and sectors to advise the Provincial People's Committee to submit to the Provincial People's Council to promulgate support policies for redundant civil servants and employees of public service units (education, health) and commune-level cadres, civil servants, and non-professional workers at the commune level, in villages and residential areas due to the arrangement of commune-level administrative units in the area according to the provisions of Article 12 of Resolution No. 35/2023/UBTVQH15.
Regarding the preparation of dossiers to propose the recognition of commune-level administrative units formed after the rearrangement as Heroic units of the People's Armed Forces and Labor Heroes according to the provisions of Article 19 of Resolution No. 35/2023/UBTVQH l5. The Emulation and Reward Committee (Department of Home Affairs) coordinates to guide the review and preparation of dossiers for commune-level administrative units formed after the rearrangement, to advise the Provincial People's Committee to prepare dossiers to send to the Ministry of Home Affairs to report to the Prime Minister to submit to the President to recognize commune-level administrative units formed after the rearrangement as Heroic units of the People's Armed Forces and Labor Heroes according to regulations.
During the period when the competent authority has not yet recognized the commune-level administrative unit formed after the arrangement as a Hero of the People's Armed Forces or Hero of Labor, the special regime and policies on Hero of the People's Armed Forces or Hero of Labor units shall be implemented according to the provisions of Article 14 of Resolution No. 35/2023/UBTVQH15.
PV