|
THE
MINISTRY OF HOME AFFAIR
THE MINISTRY OF FINANCE
THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
--------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom – Happiness
--------------
|
|
No.
34/2004/TTLT/BNV-BTC-BLDTBXH
|
Hanoi,
May 14, 2004
|
JOINT CIRCULAR
121/2003/ND-CP
OF OCTOBER 21, 2003 ON REGIMES AND POLICIES TOWARDS COMMUNE, WARD OR DISTRICT
TOWNSHIP OFFICIALS AND PUBLIC EMPLOYEES
Pursuant to the Government's Decree
No. 121/2003/ND-CP of October 21, 2003 on the regimes and policies towards
commune, ward or district township officials and public employees (hereinafter
referred to as Decree No. 121/2003/ND-CP); after reaching agreement with the
Organization Commission of the Party Central Committee, the Ministry of Home
Affairs, the Ministry of Finance and the Ministry of Labor, War Invalids and
Social Affairs hereby jointly guide the implementation thereof as follows:
I. THE NUMBER
OF COMMUNE-LEVEL FULL-TIME OFFICIALS AND PUBLIC EMPLOYEES
1. For communes, wards or
district townships with less than 1,000 inhabitants each, no more than 17
officials and public employees shall be arranged, including the following
posts:
1.1. Secretaries of Party
Committees, secretaries of Party cells (for localities where Party Committees
have not yet been set up);
1.2. Party Committee deputy
secretaries or standing members (for localities where there are no full-time
deputy secretaries in charge of Party affairs); communal Party cell deputy
secretaries (for communes where communal Party Committees have not yet been set
up); People's Council chairmen (concurrently held by Party Committee
secretaries or deputy secretaries);
1.3. People's Council vice
chairmen;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.5. People's Committee vice
presidents;
1.6. Presidents of Fatherland
Front Committees;
1.7. Secretaries of Ho Chi Minh
Communist Youth Union Organizations;
1.8. Presidents of Women's Union
Organizations;
1.9. Presidents of Peasants'
Association Chapters;
1.10. Presidents of War
Veterans' Association Chapters;
1.11. Military commanders;
1.12. Security chiefs (for
localities where the regular public-security force is not available);
1.13. Officials of the
Office-Statistics Bureaus;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.15. Officials of the
Finance-Accounting Bureaus;
1.16. Officials of the
Cadastral-Construction Bureaus;
1.17. Officials of Bureaus for
Culture and Social Affairs.
2. Mountainous, highland,
deep-lying, remote or island communes with between 1,000 and under 5,000
inhabitants each and delta communes, wards and district townships with less
than 10,000 inhabitants each, after employing officials and public employees
for the posts specified at Point 1, Section I above, are entitled to
additionally arrange two more commune-level full-time officials or public
employees among people for the posts of People's Committee vice presidents
(according to the Government's regulations for localities where two vice
presidents are arranged); Office-Statistics; Culture-Social Affairs or
Justice-Civil Status officials, provided that the total number of officials and
public employees does not exceed 19.
3. Mountainous, highland,
deep-lying, remote or island communes with 5,000 inhabitants or more each shall
be entitled to arrange one more full-time official or public employee for every
additional 1,500 inhabitants; while delta communes, wards or district townships
with 10,000 inhabitants or more each shall be entitled to arrange one more full-time
official or public employee for every additional 3,000 inhabitants, and after
employing people for the posts specified at Point 1, Section I above, they may
additionally arrange commune-level full-time officials or public employees
among holders of the posts of People's Committee vice presidents (according to
the Government's regulations for localities where two vice presidents are
arranged) Office-Statistics; Culture-Social Affairs, Cadastral-Construction;
Finance-Accounting or Justice-Civil Status officials, provided that the total
number of officials and public employees does not exceed 25.
4. The additional arrangement of
commune-level full-time officials and public employees corresponding to
population increases:
For localities where
commune-level full-time officials or public employees are additionally
arranged, two or three full-time officials or public employees may be arranged
for one post. Provincial-level People's Committee presidents shall base
themselves on Clause 1, Clause 2, Article 3 of Decree No. 121/2003/ND-CP and
the above guidance to decide on posts of commune-level full-time officials or
public employees to be additionally arranged, and concurrently guide the
assignment of specific tasks to them suitable to the characteristics, requirements
and tasks of their respective localities.
II. SALARY
REGIMES FOR COMMUNE-LEVEL FULL-TIME OFFICIALS
1. Principle for ranking and
grading salaries of commune-level full-time officials
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.2. When they no longer hold
full-time posts, their salaries and re-election allowances (if any) shall be
kept intact (reserved) for 6 months, then they shall enjoy salaries ranked and
graded according to their new jobs.
If they quit their full-time posts
to take up other jobs with higher salary levels, they shall immediately enjoy
such higher salary levels.
If they, before holding
commune-level full-time posts, were commune-level public employees, and when
leaving such full-time posts they return to their former ranks, the period of
holding full-time posts shall be counted for grading seniority salaries
according to the salary rank of commune-level public employees.
2. To entitle commune-level
full-time officials (including posts additionally arranged corresponding to
population increase) to the post-based salary coefficients
According to the posts of
commune-level full-time officials specified in Clause 1, Article 2 of Decree
No. 121/2003/ND-CP, the commune-level full-time officials shall be entitled to
the following post-based salary coefficients:
2.1. For secretaries of the
commune-level Party Committees or Party cells (for communes where commune-level
Party Committees have not yet been set up): Coefficient of 2.0 of the minimum
salary;
2.2. For deputy secretaries of
the commune-level Party Committees or Party cells (for communes where the
commune-level Party Committees have not yet been set up), chairmen of the
People's Councils and presidents of the People's Committees: Coefficient of 1.9
of the minimum salary;
2.3. For vice chairmen of the
People's Councils, vice presidents of the People's Committees and Party
Committee standing members (for localities where there are no full-time deputy
secretaries in charge of Party affairs), and presidents of Fatherland Front
Committees: Coefficient of 1.8 of the minimum salary;
2.4. For secretaries of Ho Chi
Minh Communist Youth Union organizations, presidents of Women's Union
organizations, presidents of Peasants' Association chapters, presidents of War
Veterans' Association chapters, and members of the People's Committees:
Coefficient of 1.7 of the minimum salary.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. If commune-level full-time
officials are re-elected to the same posts or elected to other posts among the
posts of full-time officials, they shall enjoy an additional monthly allowance
equal to 5% of the salaries of their incumbent posts (hereinafter called
re-election allowance) as from the 61st month as from the time of being elected
to hold the first-term posts according to the Government's Decree No.
09/1998/ND-CP of January 23, 1998 (hereinafter referred to as Decree No.
09/1998/ND-CP for short) or Decree No. 121/2003/ND-CP. The monthly re-election
allowance level of 5% shall be stable throughout the re-elected post-holding
period.
III. SALARY
REGIME APPLICABLE TO COMMUNE-LEVEL PUBLIC EMPLOYEES
Commune-level public employees
specified in Clause 2, Article 2 of Decree No. 121/2003/ND-CP (including those
additionally arranged according to population increase) shall enjoy the salary
regime prescribed in Decree No. 25/CP of May 23, 1993 as follows:
1. Principle for ranking and
grading salaries for commune-level public employees:
1.1. Commune-level public
employees who have university or higher degrees suitable to the professions of
their incumbent posts shall enjoy salaries ranked and graded according to the
table of administrative salaries, specialist's rank (code 01.003) as for public
employees of specialist's rank at the district or higher level.
1.2. Commune-level public
employees who have the immediate training degree suitable to the professions of
their incumbent posts shall enjoy salaries ranked and graded according to the
table of administrative salaries, junior staff's rank (code 01.004).
For those recruited for the
first time and having collegial degree suitable to the professions of their
incumbent posts, they shall, after the probation period, enjoy the second grade
of junior staff's rank (and during the probation period, enjoy a given percentage
of the second grade of junior staff's rank).
1.3. Commune-level public
employees who have the primary training degree suitable to the professions of
their incumbent posts shall enjoy salaries ranked and graded according to the
table of administrative salaries, clerical staff's rank (code 01.008).
1.4. The subjects specified at
Points c, d, e, f and g, Clause 2, Article 2 of Decree No. 121/2003/ND-CP, who
are working but have not yet graduated from any professional training courses
as prescribed for the incumbent posts, shall enjoy the salary equal to 1.09 of
the minimum salary till December 31, 2006; then later, if they fail to satisfy
the criteria prescribed in Decision No. 04/2004/QD-BNV of January 16, 2004 of
the Minister of Home Affairs promulgating the specific criteria for commune,
ward or district township officials and public employees, the commune-level
People's Committees shall request the presidents of the district-level People's
Committees to consider and decide on each case.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. To entitle commune-level
public employees who have been professionals enjoying cost-of-living allowances
under Decree No. 09/1998/ND-CP to the professional ranks and grades:
The period when the
commune-level public employees enjoy the cost-of-living allowances under Decree
No. 09/1998/ND-CP, counting up to November 1, 2003 (the date the regimes and
policies provided for in this Circular start to be applied), shall serve as
basis for the entitlement of salary ranks and grades as follows:
2.1. In cases where commune-level
public employees enjoy salaries according to specialists' rank:
a/ If they have enjoyed the
cost-of-living allowance (according to the public employees' ranks and grades)
for less than 3 years (less than 36 months), the salary ranks and grades they
currently enjoy shall be kept intact. The duration for the next salary grade
raise shall be counted from the date of enjoying the cost-of-living allowance.
b/ If they have enjoyed the
cost-of-living allowance (according to the public employees' ranks and grades)
for full 3 years (full 36 months) or more, they shall enjoy the salary grade
immediately above the grades they currently enjoy (if it is not the highest
grade in the rank). The duration for the next salary grade raise shall be
counted from November 1, 2003.
2.2. In cases where
commune-level public employees enjoy salaries according to junior staff's rank
or clerical staff's rank:
a/ If they have enjoyed the
cost-of-living allowance (according to the public employees' ranks and grades)
for less than 2 years (less than 24 months), the salary ranks and grades they
currently enjoy shall be kept intact. The duration for the next salary grade
raise shall be counted from the date of enjoying the cost-of-living allowance.
b/ If they have enjoyed the cost-of-living
allowance (according to the public employees' ranks and grades) for full 2
years (full 24 months) or more, they shall enjoy the salary grade immediately
above the grades they currently enjoy (if it is not the highest grade in the
rank). The duration for the next salary grade raise shall be counted from
November 1, 2003.
3. To entitle commune-level
public employees who have been commune-level full-time officials to the
professional ranks and grades:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ If they obtain no new
professional training degrees or diplomas, the professional salary ranks and grades
they have enjoyed before holding the elected posts and the period of holding
the elected posts shall serve as basis for entitling them to the salary grades
in compliance with the regulations on the duration counted for raising salary
grades applicable to commune-level public employees prescribed in this
Circular.
b/ If they obtain new
professional degrees or diplomas after being sent for training under decisions
of competent agencies and organizations, they shall enjoy salaries ranked and
graded according to the principles prescribed in Paragraph 1.5, Point 1,
Section III above.
3.2. In cases where they, before
holding commune-level full-time posts, were neither professionals under Decree
No. 09/1998/ND-CP nor commune-level public employees under Decree No.
121/2003/ND-CP, their present professional degrees or diplomas shall serve as
basis for entitling them to the starting grade according to the training level
as prescribed at Point 1, Section III above (without going through the
probation period), then the time they acquire their professional degrees or
diplomas shall be counted to entitle them to appropriate salary grades as
follows:
a/ In cases where they obtain
their professional degrees or diplomas before holding the elected posts, the
duration for salary grade raise (above the starting grade according to their
training levels) shall be counted from the date of taking up the elected posts.
b/ In cases where they obtain
their professional degrees or diplomas while holding the elected posts, the
duration for salary grade raising (above the starting grade according to their
training levels) shall be counted from the date of acquiring such professional
degrees or diplomas.
4. Salary regime applicable to
commune-level public employees on probation
Commune-level public employees
who are on probation shall enjoy 85% of the starting salary grade according to
the professional degrees of the recruited public employees' ranks. Public
employee probationers in highland, deep-lying, remote, border or island communes
shall enjoy 100% of the starting salary grade according to the professional
degrees of the recruited public employees. The probation period shall not be
counted into the duration for seniority-based salary grade raise.
5. The regime of regular salary
grade
Commune-level public employees,
who fully meet the condition on the period of 3 years (full 36 months) holding
a salary grade, for those enjoying salaries of specialists' rank, and 2 years
(full 24 months) for those enjoying salaries of junior staff's rank or clerical
staff's rank, and concurrently fully satisfy the following two criteria
throughout the period of enjoying the present salary grade, shall have their
salary raised by one grade (if it is not the highest grade in the rank):
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Not being imposed with such
disciplinary forms as reprimand, caution, salary degradation or court's
penalty.
In cases where commune-level
public employees are imposed with one of the disciplinary forms of reprimand,
caution, salary degradation or court's penalty, the salary grade-raising
duration shall be prolonged for one more year (full 12 months).
IV. SOCIAL
INSURANCE AND MEDICAL INSURANCE REGIMES APPLICABLE TO COMMUNE-LEVEL FULL-TIME
OFFICIALS AND PUBLIC EMPLOYEES
1. Commune-level full-time
officials and public employees shall enjoy the social insurance regime
according to the Social Insurance Regulation promulgated together with the
Government's Decree No. 12/CP of January 26, 1995 and Decree No. 01/2003/ND-CP
of January 9, 2003 amending and supplementing a number of the Social Insurance
Regulation promulgated together with Decree No. 12/CP of January 26, 1995, and
the medical insurance regime according to the Medical Insurance Regulation
promulgated together with the Government's Decree No. 58/1998/ND-CP of August
13, 1998, including the following regimes: illness allowance, pregnancy and
maternity allowance, labor accident allowance, retirement regime, death
allowance, convalescence, health recuperation and medical insurance regimes.
2. Social insurance premiums
shall be equal to 20% of the monthly salaries, including: salary levels
according to ranks, grades and posts; the re-election allowance and reserved
difference coefficient (if any) of commune-level full-time officials or public
employees, of which commune-level full-time officials and public employees
shall pay 5%, while their employers (the commune-level People's Committees)
shall pay 15%.
Medical insurance premiums shall
be equal to 3% of the monthly salaries, including: salary levels according to
ranks, grades and posts; the re-election allowance and reserved difference
coefficient (if any) of commune-level full-time officials or public employees,
of which commune-level full-time officials or public employees shall pay 1%, while
their employers (the commune-level People's Committees) shall pay 2%.
3. Commune-level full-time officials, when
leaving the posts specified in Clause 1, Article 2 of Decree No. 121/2003/ND-CP
and having paid social insurance premiums for full 10 years or more but still
having 5 years at most to reach the prescribed retirement age, who have not yet
received social insurance lump-sum allowances and voluntarily continue paying
monthly social insurance premiums equal to 15% of monthly salaries they enjoy
before leaving their posts to the social insurance bodies in the localities
where they reside until they get the full duration of paying social insurance
premiums and reach the retirement age, shall be entitled to the pension regime.
4. For commune-level full-time
officials and public employees, who had paid social insurance premiums under
Decree No. 09/1998/ND-CP and then continued to pay social insurance premiums
under Decree No. 121/2003/ND-CP and the guidance in this Circular, the working
period with the social insurance premium payment under Decree No. 09/1998/ND-CP
shall be aggregated with the working period with social insurance premium
payment under Decree No. 121/2003/ND-CP for calculating and enjoying social
insurance regimes.
5. Method of calculating average
monthly salary level as basis for payment of social insurance premiums, which
shall serve as basis for calculating monthly pension or social insurance
lump-sum allowances, shall be as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5.2. For commune-level full-time
officials and public employees who have paid social insurance premiums for a
period according to the cost-of-living allowance levels for the posts
prescribed in Decree No. 09/1998/ND-CP and for another period according to
their salary levels prescribed in Decree No. 121/2003/ND-CP and the guidance in
this Circular, the average cost-of-living allowance and monthly salaries
calculated as basis for payment of social insurance premiums in the last 5
years shall be used for calculating pensions or social insurance lump-sum
allowances.
6. Commune-level full-time
officials and public employees, who currently enjoy pensions or working
capacity loss allowances, allowances for diseased soldiers of grade 1 or grade
2, shall enjoy 100% of the post-based salaries prescribed in Decree No.
121/2003/ND-CP till December 31, 2004, and from January 1, 2005 shall enjoy 40%
of the post-based salaries prescribed in Decree No. 121/2003/ND-CP, shall not
have to pay social insurance and medical insurance premiums, but when they
leave their jobs, they shall not enjoy social insurance regimes prescribed in
this Circular.
7. Commune-level full-time
officials and public employees, who are currently enjoying the regimes
prescribed for war invalids of various grades or diseased soldiers of grade 3
(other than those enjoying the regimes prescribed at Point 6, Section IV
above), shall enjoy 100% of the salaries paid according to their incumbent
posts, and be entitled to pay social insurance and medical insurance premiums
and enjoy insurance and medical insurance regimes.
8. Commune, ward or district township
officials, who have worked and paid social insurance premiums under Decree No.
09/1998/ND-CP and are now no longer subject to the compulsory social insurance
under Decree No. 121/2003/ND-CP, when leaving their jobs, shall be entitled as
follows:
8.1. Men aged full 55 years and
women aged full 50 years and having worked continuously for 15 years or more
and paid social insurance premiums for full 15 years or more shall enjoy the
monthly allowance regime.
The monthly allowance level for
the first 15 years shall be equal to 45% of the average cost-of-living
allowance level of the last 5 years before retirement; from the 16th year on,
for each year of working and paying social insurance premiums, 2% more shall be
added but the highest allowance level must not exceed 75% of the average
cost-of-living allowance level of the last 5 years before retirement.
8.2. Those having not yet paid
social insurance premiums for full 15 years in a row, when leaving their jobs,
shall enjoy lump-sum allowances, with one month's cost-of-living allowance
averagely calculated for the last 5 years before retirement being paid for each
working year;
8.3. Those having paid social
insurance premiums for full 15 years or more in a row but not yet reaching the
age for enjoying the monthly allowance, refusing to enjoy lump-sum allowances,
and having filed applications voluntarily awaiting the entitlement of the
monthly allowance regime, which are certified by the People's Committees of
communes, wards or district townships, shall be allowed to retire and wait till
they reach the age of 55 years for men or 50 years for women for enjoying such
monthly allowance according to the provisions at Point 8.1., Section IV above.
The People's Committees of communes, wards or district townships shall have to
compile complete dossiers as for those fully meeting the conditions for
enjoying the monthly allowance, then send them to the local social insurance
agencies for management, monitoring and payment of monthly allowances as soon
as they reach the prescribed age.
9. Commune-level full-time
officials and public employees who, during the period between November 1, 2003
and July 1, 2004, have not enjoyed salaries and paid social insurance premiums
according to Decree No. 121/2003/ND-CP, when leaving their jobs, shall be
entitled to the regimes according to Point 8, Section IV above.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Commune-level part-time officials,
officials in villages and population quarters shall enjoy the monthly allowance
regime.
2. The provincial-level People's
Committees shall base themselves on Article 7 of Decree No. 121/2003/ND-CP to
prescribe the number of, and monthly allowance levels for, the above-said
part-time officials, ensuring the following requirements:
2.1. Arranging officials only to
vacant jobs;
2.2. Allowance levels must be
based on the workloads and characteristics of jobs and the local budgets'
capability to appropriately pay therefor.
3. The presidents of the
provincial-level People's Committees shall base themselves on the workloads and
characteristics of jobs as well as the capability of the local budgets to
prescribe the appropriate allowance levels for the chairmen of the Red Cross
Society and the Aged People's Society, ensuring their compatibility with the
titles of other mass organizations' officials.
VI. FUNDING
SOURCE FOR IMPLEMENTATION OF THE REGIMES AND POLICIES
The funding source for
implementation of regimes and policies for commune-level officials and public
employees, part-time officials working in communes, wards or district townships
and village or population quarter officials shall be covered by the local
budgets according to the provisions of the State Budget Law and the legal
documents guiding the State Budget Law currently in force.
VII.
IMPLEMENTATION PROVISIONS
1. This Circular takes effect 15
days after its publication in the Official Gazette and replaces Joint Circular
No. 99/1998/TT-LT of May 19, 1998 of the Government Commission for Organization
and Personnel, the Ministry of Finance and the Ministry of Labor, War Invalids
and Social Affairs guiding the implementation of the Government's Decree No.
09/1998/ND-CP of January 23, 1998 amending and supplementing the Government's
Decree No. 50/ND-CP of July 26, 1995 on the cost-of-living allowance regime for
commune, ward or district township officials.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The provincial-level People's
Committees shall base themselves on the Government's Decree No. 121/2003/ND-CP
of October 21, 2003 prescribing the regimes and policies for commune, ward or
district township officials and public employees and this Circular as well as
the practical situation of their respective localities to guide the
implementation. Any problems arising in the course of implementation should be
reported to the Ministry of Finance, the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Home Affairs for additional guidance.
MINISTER
OF HOME AFFAIRS
Do Quang Trung
MINISTER
OF FINANCE
Nguyen Sinh Hung
MINISTER
OF LABOR, WAR INVALID AND SOCIAL AFFAIRS
Nguyen Thi Hang
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.