Can public service employees be accepted as commune-level civil servants?

A reader with email tamtamxx@gmail.com sent an email to YouMe Law Firm asking: Can public service employees be accepted as commune-level civil servants and who is authorized to accept them and what is the current maximum number of public service employees?
Jurist Nguyen Thi Thuy, YouMe Law Firm replied:
Article 14 of Decree No. 33/2023/ND-CP regulating communal-level public service employees and non-professional workers at the commune level, in villages and residential groups stipulates the acceptance of commune-level civil servants as follows:
1. Subjects of acceptance:
a) Public service employees working at public service units;
b) People receiving salaries in the people's armed forces, people working in key organizations but not civil servants;
c) People who cease to hold positions as commune-level officials (except for disciplinary dismissal);

d) People who used to be officials and civil servants (including commune-level officials and civil servants) and were then transferred or rotated by competent authorities to positions other than officials and civil servants in other agencies and organizations.

2. The criteria and conditions for admission; the dossiers of the proposed admission and the Examination and Assessment Council when accepting them as commune-level civil servants shall apply the Government's regulations on recruitment, use and management of civil servants.

Article 15 of Decree No. 33/2023/ND-CP on commune-level officials and civil servants and non-professional workers at the commune level, in villages and residential groups stipulates the authority to recruit commune-level civil servants and accept them as commune-level civil servants as follows:

The Chairman of the District People's Committee has the authority to recruit commune-level civil servants and accept them as commune-level civil servants.
Clause 1, Article 6 of Decree No. 33/2023/ND-CP stipulates the number of commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups as follows:
1. The number of commune-level cadres and civil servants is calculated according to the type of commune-level administrative unit, specifically as follows:
a) For wards: Type I is 23 people; Type II is 21 people; Type III is 19 people;
b) For communes and towns: Type I is 22 people; Type II is 20 people; Type III is 18 people.
Thus, civil servants working at public service units can be accepted as commune-level civil servants, the Chairman of the District People's Committee has the authority to accept civil servants to work as commune-level civil servants. The number of cadres and civil servants depends on each type of commune-level administrative unit according to the regulations cited above.

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Author of the article: Ms. Nguyen Thị Thuy