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THE MINISTRY OF
HOME AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 06/2018/TT-BNV
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Hanoi, May 31,
2018
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CIRCULAR
ON
GUIDELINES FOR EMPLOYEES ON PAYROLL IN BODIES, ORGANIZATIONS AND AGENCIES OF
THE VIETNAM COMMUNIST PARTY AND THE GOVERNMENT, AND POLITICAL OR SOCIAL
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. 72/2018/ND-CP dated May 15, 2018 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 promulgates a
Circular on guidelines for statutory pay rate for employees on payroll in
bodies, organizations and agencies of the Vietnam Communist party and the
Government, and political or social organizations and associations.
Article 1. Regulated entities
1. Public officials on payroll of state budget
working in the Communist Party agencies, regulatory bodies, socio-political
organizations in central echelon; in provinces and central-affiliated cities
(hereinafter referred to as provinces), in suburban districts, urban districts,
district-level towns, provincial-affiliated cities, cities affiliated to
central-affiliated cities (hereinafter referred to as districts); in special
economic zones (SEZs).
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3. Public officials and public employees who are
rotated or on secondment to associations, non-governmental organizations,
projects and international organizations and agencies based in Vietnam subject
to decisions of competent authorities.
4. Public officials of communes, wards and towns
and part-time workers in communes and villages and neighborhoods prescribed in
Government's Decree No. 92/2009/ND-CP dated October 22, 2009 on positions,
number, and certain policies for public officials of communes, wards and towns
and part-time workers in communes (amended at Government's Decree No.
29/2013/ND-CP dated April 8, 2013).
5. People’s Council deputies who receive
remunerations as per the law in force.
6. Employees in cryptography organizations.
7. The following entities shall also be regulated
by this Circular when having their amount of contribution to social insurance
and benefits determined and having their salary-based benefits processed as per
the law:
a) Public officials and public employees who have
attended educational institutions, have been on probation or business, and have
received treatment or nursing locally or abroad on the payroll of the Communist
Party agencies, regulatory bodies, socio-political organizations, public sector
entities and state-funded associations;
b) Persons who have been in a period of
apprenticeship or probation (including public employee apprentices of commune)
in the Communist Party agencies, regulatory bodies, socio-political
organizations, public sector entities and state-funded associations;
c) Public officials and public employees who have
been suspended from work or held in custody;
d) Entities working in Communist Party agencies,
regulatory bodies, socio-political organizations, public sector entities and
state-funded associations who are eligible for concluding labor contracts under
the payroll issued together with Government's Decree No. 204/2004/ND-CP dated
December 14, 2004 on pay regime for public officials and public employees and
the armed forces.
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1. Socio-political organizations prescribed in this
Circular are organizations prescribed in Article 1 of Decision No. 128-QD/TW
dated December 14, 2004 of Secretariat of the Communist Party of Vietnam on pay
regime for public officials and public employees of Communist Party agencies,
Fatherland Front and associations.
2. State-funded associations mentioned in this
Circular are associations prescribed in Government's Decree No. 45/2010/ND-CP
dated April 21, 2010 on organization, operation and management of associations
and Decision No. 68/2010/QD-TTg dated November 1, 2010 of the Prime Minister on
special associations.
3. Agencies, organizations and associations
prescribed in this Circular are hereinafter referred to as agencies.
Article 3. Calculation of
amount of pay, allowance and remuneration
1. With regard to public officials and public
employees and employees prescribed in Clauses 1, 2, 3 and 4 Article 1 hereof:
Amount of pay, allowance and compensating wage
differential (if any) shall be calculated according to current pay coefficient
and allowance prescribed in documents of competent authorities of the Communist
Party on pay regime for public officials and public employees and the armed
forces’ personnel, and statutory pay rate prescribed in Government's Decree No.
72/2018/ND-CP dated May 15, 2018 on statutory pay rate for public officials and
public employees and armed forces’ personnel (hereinafter referred to as Decree
No. 72/2018/ND-CP) as follows:
a) Formula for calculating amount of pay:
Amount of pay
effective from July 1, 2018
=
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x
Current pay
coefficient
b) Formula for calculating amount of allowance:
- In case of allowance calculated according to
statutory pay rate:
Amount of
allowance effective from July 1, 2018
=
Statutory pay rate
VND 1,390,000 per month
x
Current allowance
coefficient
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Amount of
allowance effective from July 1, 2018
=
Amount of pay
effective from July 1, 2018
+
Amount of
leadership allowance effective from July 1, 2018 (if any)
+
Amount of
extra-seniority allowance effective from July 1, 2018 (if any)
x
Rate of current
allowance as prescribed
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c) Formula for calculating compensating wage
differential (if any):
Amount of
compensating wage differential effective from July 1, 2018
=
Statutory pay rate
VND 1,390,000 per month
x
Current
compensating wage differential (if any)
2. With regard to People’s Council deputies
prescribed in Clause 5 Article 1 hereof:
The amount of remuneration paid to People's Council
deputies prescribed laws and regulations in force shall be calculated according
to the remuneration coefficient as follows:
Amount of
remuneration effective from July 1, 2018
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Statutory pay rate
VND 1,390,000 per month
x
Remuneration
coefficient as prescribed
3. With regard to part-time workers in communes,
villages and neighborhoods prescribed in Clause 4 Article 1 hereof:
From July 1, 2018, the fund for allowance allocated
by central budget shall be a fixed amount for each commune, village or
neighborhood as prescribed in Clause 3 and Clause 4 Article 1 of Decree No.
29/2013/ND-CP dated April 8, 2013 based on the statutory pay rate VND 1,390,000
per month. Specific regulation on the allowance for these entities are
regulated in Clause 5 Article 1 of Decree No. 29/2013/ND-CP.
4. With regard to employees in cryptography
organizations prescribed in Clause 6 Article 1 hereof:
a) Employees in cryptography organizations within
its scope of management of the Ministry of National Defense and the Ministry of
Public Security shall be regulated by the Minister of National Defense and the
Minister of Public Security;
b) Employees in cryptography organizations of the
Communist Party agencies, regulatory bodies, socio-political organizations
(beyond the scope of management of the Ministry of National Defense and the
Ministry of Public Security) shall have their amount of pay, allowance and
compensating wage differential (if any) calculated as prescribed in Clause 1
Article 3 hereof.
Article 4. Entry in force
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2. The amount of pay, allowance (including
compensating wage differential, (if any) and remuneration of entities
prescribed in Article 1 hereof shall be calculated based on the statutory pay
rate VND 1,390,000 from July 1, 2018.
3. This Circular supersedes Circular No.
02/2017/TT-BNV dated May 12, 2017 of the Minister of Home Affairs on guidelines
for statutory pay rate for employees on payroll in bodies, organizations and
agencies of the Vietnam Communist party and the Government, and political or
social organizations and associations.
4. Withholding payments and benefits determined
based on the statutory pay rate shall be re-calculated from July 1, 2018.
Article 5. Implementation
1. The heads of superior agencies of employees on
payroll and receiving remunerations as prescribed in Article 1 hereof shall,
according to number thereof until July 1, 2018, calculate employees’ amounts of
pay, allowance, compensating wage differential (if any) and remunerations as
prescribed in this Circular.
2. The need, sources and payment methods according
to statutory pay rate as prescribed in Decree No. 72/2018/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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