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THE MINISTRY OF HOME AFFAIRS
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 04/2019/TT-BNV
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Hanoi, May 24, 2019
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CIRCULAR
STATUTORY PAY RATE FOR SALARY AND ALLOWANCE EARNERS IN ORGANIZATIONS
AND PUBLIC SERVICE PROVIDERS OF THE COMMUNIST PARTY AND THE GOVERNMENT, AND
SOCIO-POLITICAL ORGANIZATIONS AND ASSOCIATIONS
Pursuant to
Government's Decree No. 34/2017/ND-CP dated April 3, 2017 defining the functions,
tasks, entitlements and organizational structure of the Ministry of Home
Affairs;
Pursuant to Clause 1
Article 6 of Government's Decree No. 38/2019/ND-CP dated May 09, 2019 on
statutory pay rate for public officials and public employees and armed forces’
personnel;
At the request of
Director of Wage Department;
The Minister of Home
Affairs hereby promulgates a Circular on statutory pay rate for salary and
allowance earners in organizations and public service providers of the
Communist Party and the Government, and socio-political organizations and
associations.
Article
1. Regulated entities
1. Officials who receive
salaries from state budget work for the Communist Party agencies, regulatory
bodies and socio-political organizations in central echelon; in provinces and
central-affiliated cities, in suburban districts, urban districts,
district-level towns, provincial-affiliated cities, cities affiliated to
central-affiliated cities (hereinafter referred to as “districts”); in special
administrative and economic units.
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3. Officials and public
employees seconded to associations, non-governmental organizations, projects
and international organizations based in Vietnam according to decisions of
competent authorities.
4. Officials in communes,
wards, or district-level towns and part-time workers in communes, villages and
neighborhood associations prescribed in Government's Decree No. 92/2009/ND-CP
dated October 22, 2009 and Government’s Decree No. 34/2019/ND-CP dated April
24, 2019.
5. People’s Council
deputies who receive operation funding in accordance with applicable
regulations of law.
6. Persons working for
cryptography organizations.
7. The following entities
shall be also governed by this Circular when having their social insurance
premiums and benefits calculated and having their salary-based benefits
determined as per the law:
a) Officials and public
employees who have attended educational institutions, have been on probation or
business and have received treatment or nursing (locally and abroad) are on the
payroll of the Communist Party agencies, regulatory bodies, socio-political
organizations, public service providers and state-funded associations;
b) Persons who are
serving their apprenticeship or on probation (including those serving their
apprenticeship as officials of communes) in the Communist Party agencies,
regulatory bodies, socio-political organizations, public service providers and
state-funded associations;
c) Officials and public
employees who have been suspended from work or held in custody;
d) Entities working
for Communist Party agencies, regulatory bodies, socio-political organizations,
public service providers and state-funded associations are entitled to conclude
employment contracts according to the payroll promulgated together with
Government's Decree No. 204/2004/ND-CP dated December 14, 2004.
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1. Socio-political
organizations prescribed in this Circular are organizations prescribed in
Article 1 of the Decision No. 128-QD/TW dated December 14, 2004 of Secretariat
of the Communist Party of Vietnam.
2. State-funded
associations mentioned in this Circular are associations prescribed in Article
33 of the Government's Decree No. 45/2010/ND-CP dated April 21, 2010 and Prime
Minister’s Decision No. 68/2010/QD-TTg dated November 01, 2010.
3. Agencies, units,
organizations and associations prescribed in this Circular are hereinafter
referred to as agencies.
Article
3. Calculation of salaries, allowances and operation funding
1. With regard to
officials, public employees and employees prescribed in Clauses 1, 2, 3, 4 and
7 Article 1 hereof:
Their salaries,
allowances and amounts calculated according to retained difference coefficient
(if any) shall be calculated according to the current salary coefficient and
allowances prescribed in documents of competent authorities of the Communist
Party on pay policy for public officials, public employees and armed forces’
personnel, and statutory pay rate prescribed in Government's Decree No.
38/2019/ND-CP dated May 09, 2019 on statutory pay rate for public officials,
public employees and armed forces’ personnel (hereinafter referred to as “the
Decree No. 38/2019/ND-CP”). To be specific:
a) Formula for
calculating salary:
Salary received from July 01, 2019
=
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x
Current salary coefficient
b) Formula for
calculating allowance:
- Regarding the allowance
calculated according to statutory pay rate:
Allowance received from July 01, 2019
=
Statutory pay rate
VND 1,490,000 per month
x
Current salary coefficient
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Allowance received from July 01, 2019
=
Salary received from July 01, 2019
+
Leadership allowance received from July 01, 2019 (if any)
+
Extra-seniority allowance received from July 01, 2019 (if
any)
x
Rate of current allowance
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c) Formula for
calculating amount calculated according to retained difference coefficient (if
any):
Amount calculated according to retained difference
coefficient received from July 01, 2019
=
Statutory pay rate
VND 1,490,000 per month
x
Current retained difference coefficient (if any)
2. With regard to
People’s Council deputies prescribed in Clause 5 Article 1 hereof:
The operation funding
provided to People's Council deputies shall be calculated according to the
operation funding coefficient in accordance with applicable regulations:
Operation funding provided from July 01, 2019
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Statutory pay rate
VND 1,490,000 per month
x
Operation funding coefficient
3. With regard to part-time
workers in communes, villages and neighborhood associations prescribed in
Clause 4 Article 1 hereof:
From July 1, 2019,
allowance allocated by the state budget to each commune, village or
neighborhood association at a fixed rate as prescribed in Clauses 5 and 6
Article 2 of Government’s Decree No. 34/2019/ND-CP dated April 24, 2019 shall
be calculated according to the statutory pay rate VND 1,490,000 per month.
Specific allowance provided to these entities is specified in Clauses 5 and 6
Article 2 of the Decree No. 34/2019/ND-CP.
4. With regard to
employees working for cryptography organizations prescribed in Clause 6 Article
1 hereof:
a) In the case of
employees working for cryptography organizations under the management of the
Ministry of National Defense and the Ministry of Public Security, follow the
guidelines laid down by the Minister of National Defense and the Minister of
Public Security;
b) In the case of
employees working for cryptography organizations of the Communist Party
agencies, regulatory bodies and socio-political organizations (not under the
management of the Ministry of National Defense and the Ministry of Public
Security), their salaries, allowances and amounts calculated according to
retained difference coefficient (if any) shall be calculated as prescribed in
Clause 1 Article 3 hereof.
Article
4. Effect
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2. Salaries, allowances
(including retained difference coefficient, if any) and operation funding of
the entities set forth in Article 1 hereof shall be calculated according to the
statutory pay rate VND 1,490,000 per month from July 01, 2019.
3. This Circular
supersedes the Circular No. 06/2018/TT-BNV dated May 31, 2018 of the Ministry
of Home Affairs.
4. Deductions and benefits
calculated according to the statutory pay rate shall be re-calculated from July
01, 2019.
Article
5. Responsibility for implementation
1. Heads of supervisory
authorities of entities receiving salaries, allowances and operation funding
specified in Article 1 hereof shall, according to number thereof until July 1,
2019, calculate salaries, allowances, amounts calculated according to retained
difference coefficient (if any) and operation funding as prescribed in this
Circular.
2. The demands, sources
and payment methods for adopting the statutory pay rate as prescribed in Decree
No. 38/2019/ND-CP shall be determined according to guidelines of the Minister
of Finance.
Difficulties that arise
during the implementation of this Circular should be reported to the Ministry
of Home Affairs for consideration./.
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