THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No:
157/2005/ND-CP
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Hanoi,
December 23rd 2005
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DECREE
ON
FINANCING VIETNAMESE OFFICIALS WORKING ON THE TENURE BASIS IN FOREIGN COUNTRIES
THE GOVERNMENT
Pursuant to the Government’s
Law on Organizational Structure on December 25th 2001;
Pursuant to the Decree on Officers dated February 26th 1998 and its amended
version dated April 29th 2003;
Pursuant to the Decree on representative bodies of the Socialist Republic of
Vietnam in foreign countries dated December 2nd 1993;
At the proposal of Minister of Foreign Affairs, Minister of Home Affairs and
Minister of Finance,
DECIDES:
Chapter I
GENERAL STIPULATIONS
Article 1. The scope and the
target group of coverage
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Article 2. Finance for
officials working in Vietnamese agencies overseas on the tenure basis
During the time working in
Vietnamese agencies which are based in foreign countries, officials are
financed by the Government in terms of housing, electricity, water, fuel; they
get subsistence expenses, some kinds of allowances and subsidies and others
funded by the State Budget as stipulated in this Decree; they get 40% of their
current salary, function allowance, and seniority allowance (if any) as inside
the country; their social insurances continue to be paid.
Article 3. Grounds for
defining finance for officials working in Vietnamese agencies which are based
overseas on the tenure basi0073
Regulations on the subsistence
expenses, allowances and subsidies; the diplomatic spouse status and others
were developed on the basis of materialistic and spiritual needs to ensure the
daily life thanks to which, officials can fulfill their tasks overseas,
suitable to the country’s economic conditions, external affairs and the actual
situation of their work.
Article 4. The application
rules for the subsistence expenses
1. The subsistence expenses
regulation is applied equally for all officials having the same task of working
on the tenure basis in Vietnamese agencies in foreign countries.
2. Officials occupying more
important positions are granted higher rate of subsistence expenses.
Article 5. Financial source
for the application
The financial source for
applying this regulation on the subsistence existence, allowances, subsidies,
the diplomatic spouse status and others stipulated in this Decree is planned in
the annual budget estimate according to the Laws on the State Budget and this
is part of finance for Vietnamese agencies based in a foreign country.
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SPECIFIC STIPULATIONS
Article 6. Stipulations on
the subsistence expenses
1. There are 3 minimum rate of
subsistence expenses for officials working on the tenure basis in Vietnamese
agencies based overseas: 400; 450 and 500 USD/person/month.
2. The minimum rate of
subsistence expenses will be considered and revised when the consumer price
index (CPI) in the country where the Vietnamese agencies are based increases by
at least 10% or when the economic conditions of the country gets better and
allows the revision.
3. The rate of subsistence
expenses which is applied for Vietnamese agencies based overseas is defined
according to the structure of standard titles, diplomatic positions of
Vietnamese officials and salary grade inside the country of Vietnam.
The highest rate of subsistence
expenses is 250% and the lowest is 80%.
4. Ministry of Home Affairs is
responsible for collaborating with Ministry of Foreign Affairs and Finance to
specifically define the minimum rate of subsistence expenses applied to
different countries where Vietnamese agencies are based and the table of
subsistence expense rate for 5 groups of officials: officials, diplomatic
officials; state administrative officials; national defense officials;
technical and logistic officers and the spouses.
Article 7. Stipulations on
allowances and subsidies
1. The Ambassador, chief
representative of the Vietnamese agencies based in the foreign country assigned
by competent authorities of the Communist Party and the State to work on the
concurrent basis in foreign countries or in the international organizations
based overseas enjoy the multi-place function allowance of less than 15% of the
minimum subsistence expenses rate.
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3. Officers who tenure of work
is in places where there is war or serious epidemic threatening the lives of
human beings enjoy the allowance of less than 30% of the minimum subsistence
expense rate.
4. Officials working on the
tenure basis in foreign countries who have to work overnight or work for extra
hours can have time off in compensation or enjoy the extra time working
allowance as stipulated in current regulations.
5. Female officials working on
the tenure basis in foreign countries enjoy the monthly allowance of 5% of the
minimum rate of subsistence expenses.
Article 8. Others
1. Officials working on the
tenure basis in Vietnamese agencies based in foreign countries are paid by the
State of Vietnam in terms of the following items:
a) Money to buy working costumes
and essential personal belongings during the time of work;
b) Air tickets and cost for 50
kg of excess luggage, basing on the Airlines’ regulations on this when he/she
leaves Vietnam for the country they are posted and when they finish their
tenure of work and come back to Vietnam. The Ambassador, Chief representative
of Vietnamese agencies based in foreign countries enjoy the business class air
tickets when they leave for the country they are posted for the first time and
when they finish their tenure and come back to Vietnam; when they present the
credentials and say goodbye when they finish their tenure of work and when they
go for mission with the local leaders or when the mission trip is arranged by
the diplomatic corp. If they go by train, they are entitled to use the first
class tickets;
c) Health insurance for the
examination and treatment of diseases in foreign countries according to current
regulations;
d) Daily subsistence allowances
when going for missions inside the local country or in other countries as
stipulated in the regulations.
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Article 9. Stipulations on
the diplomatic spouse status
1. Officials working on the
tenure basis in Vietnamese agencies based in foreign countries with the title
of at least First Secretary, chief representative of Vietnamese agencies in
foreign countries without diplomatic status and officials enjoying the rate of
subsistence expenses equivalent to that of at least First Secretaries can be
given the diplomatic spouse status funded by the State Budget.
2. Spouses of the Ambassadors get
125% of the minimum rate of subsistence expenses; spouses of the Ministers,
charge d’affaires, Minister Counselors, and Chief representative of Vietnamese
agencies overseas without the diplomatic status get 110% of that; spouses of
the First Secretaries and officials having the rate of subsistence expenses
equivalent to the First Secretary’s get 80% of that.
3. Spouses of the Ambassadors
and chief Representatives of Vietnamese agencies when arriving in the local
country to undertake the mission and when finishing the tasks and come back to
Vietnam by airlines, enjoy the business class airfares. If they go by train,
they can use the first class tickets.
4. Spouses of the officials have
health insurance benefits: their health can be examined or treated as officials
working in Vietnamese agencies overseas and others (costumes, air tickets,
luggage costs…) according to current regulations. Besides, the female spouses
get monthly allowance of 5% of the minimum rate of subsistence expenses; this
is stipulated in Term 5 of Article 7 of this Decree.
5. Spouses who are officers
working for the government and who are paid by the State Budget will get 40% of
the salary they receive inside Vietnam and get social insurance during the time
they enjoy the spouse status in Vietnamese agencies based in foreign countries.
6. Spouses who are not
governmental officers but have paid compulsory social insurance fee before
going to foreign countries can continue paying for social insurance according
to national laws on social insurance.
7. Spouses who are governmental
officers when finishing the mission in foreign countries are accepted to be
back to work and get salary raised inside the country of Vietnam according to
general regulations of the government.
Chapter III
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Article 10. Execution
effectiveness
1. This Decree will come into
effect after 15 days since the day it is posted onto official gazette.
Terms stipulated in this Decree
start to take effect from January 1st 2006. 2. This Decree will replace Decree
No. 105/CP dated June 22nd 1965 by the Cabinet Council stipulating treatment
regulations for officials working in foreign countries.
Stipulations in previous legal
documents which go contrary to this Decree’s content are abrogated.
Article 11. The responsible
of guiding and execution
1. Ministry of Foreign Affairs
in collaboration with Ministry of Home Affairs, Ministry of Finance and
Ministry of Labour, Invalids and Social Affairs are in charge of providing
guidance for the implementation of this Decree.
2. Ministers and Heads of
Ministry’s equivalents, Heads of governmental agencies, Heads of Vietnamese
agencies based in foreign countries are responsible for the implementation of
this Decree./.
Recipients:
- The Central Party’s Secretariat;
- The Prime Minister, Vice Ministers;
- Ministries and the equivalents, governmental
agencies;
- The People’s Council, the People’s Committee
of the provinces under the central control;
- The Central Office and the Party’s sections;
- The President Office;
- The Ethnic Council and committees of the
National Assembly;
- The National Assembly’s Office;
- The People’s Supreme Court;
- The People’s Supreme Board of Control;
- Central agencies of all associations/ unions;
- The National Administration Institute;
- VPCP: BTCN, TBNC, PCN, BNC,
Steering
Committee 112,
Speaker
of the Prime Minister,
Other
Departments, Official gazette;
- Kept at Archives, VX (5b). A.
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