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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 121/2003/ND-CP
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Hanoi, October 21, 2003
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DECREE
ON REGIMES AND POLICIES TOWARDS COMMUNE, WARD AND DISTRICT
TOWNSHIP OFFICIALS AND PUBLIC EMPLOYEES
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the February 26, 1998 Ordinance on Officials and Public Employees and
the April 29, 2003 Ordinance Amending and Supplementing a Number of Articles of
the Ordinance on Officials and Public Employees;
At the proposal of the Minister of Home Affairs,
DECREES:
Article 1.- Scope of application
This Decree prescribes
the quantity of the commune, ward and district township officials and public
employees (hereinafter referred collectively to as the commune-level officials
and public employees); the regimes and policies towards the commune-level
full-time officials and public employees, regimes towards the commune-level
part-time officials and officials of hamlets and villages as well as ward and
district township population groups (hereinafter referred collectively to as
hamlets and population groups).
Article 2.- Subjects of regulation
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1. The commune-level
full-time officials, including:
a/ The commune-level
Party Committee secretaries, deputy-secretaries and standing members (for
localities where there are no full-time deputy-secretaries in charge of Party
work) as well as commune Party cell secretaries and deputy-secretaries (for
localities where the commune-level Party Committees have not yet been set up);
b/ Chairmen and
vice-chairmen of the People's Councils;
c/ Presidents and vice-presidents
of the People's Committees;
d/ Presidents of
Fatherland Front Committees;
e/ Secretaries of Ho
Chi Minh Communist Youth Unions, presidents of Women's Unions, presidents of
Peasants' Associations, and presidents of War Veterans' Associations.
2. The commune-level
public employees, including:
a/ Police chiefs (for
localities where the regular public-security forces have not yet been arranged);
b/ Military commanders;
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d/ Officials of the
Cadastral-Construction Bureaus;
e/ Officials of the
Finance-Accounting Bureaus;
f/ Officials of the
Justice-Civil Status Bureaus;
g/ Officials of the
Bureaus for Culture and Social Affairs.
3. The commune-level
part-time officials, including:
a/ Chiefs of the
Party's Boards for Organization, directors of the Party's Boards for
Inspection, chiefs of the Party's Boards for Ideological Propagation and
Education, and 01 official of the Party Committee Office;
b/ Police deputy
chiefs (for localities where the regular public-security forces have not yet
been arranged);
c/ Military deputy
commanders;
d/ Officials of the
Planning, Communications, Irrigation, Agriculture, Forestry, Fishery,
Salt-Making Bureaus;
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f/ Officials of the
Boards for Population, Family and Children;
g/ Cashiers, paperwork
personnel, archivists;
h/ Officials in charge
of the public-address stations;
i/ Cultural house
managers;
j/ Vice-presidents of
the Fatherland Front Committees; deputy-chiefs of the commune-level mass
organizations: Ho Chi Minh Communist Youth Unions, Women's Unions, Peasants'
Associations and War Veterans' Associations;
k/ Presidents of the
Elderly Associations; presidents of Vietnam Red Cross societies.
4. The hamlet and
population group part-time officials, including: secretaries of the hamlet
Party cells; hamlet chiefs; hamlet security personnel as well as ward and
district township Party cell secretaries and population group chiefs.
Article 3.- The quantity of the commune-level full-time officials and
public employees
The number of the
commune-level full-time officials and public employees prescribed in Clauses 1
and 2, Article 2 of this Decree is stipulated as follows:
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- With less than
10,000 inhabitants, no more than 19 officials and public employees;
- With 10,000
inhabitants or more, 01 official or public employee shall be additionally
arranged for an addition of 3,000 inhabitants, but the number of officials and
public employees shall not exceed 25.
2. For mountainous,
highland, deep-lying, remote or island communes:
- With less than 1,000
inhabitants, no more than 17 officials and public employees;
- With between 1,000
and under 5,000 inhabitants, no more than 19 officials and public employees;
- With 5,000
inhabitants or more, 01 official or public employee shall be additionally
arranged for an addition of 1,500 inhabitants, but the number of officials and
public employees shall not exceed 25.
3. The additional
arrangement of the commune-level officials and public employees in each commune
according to population increaseshall be decided by the presidents of the
provincial-level People's Committees under the guidance of the Ministry of Home
Affairs.
Article 4.- Salary regimes for the commune-level full-time officials
and public employees
1. The commune-level
full-time officials prescribed in Clause 1, Article 2 of this Decree shall
enjoy the salary regimes as follows:
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b/ For
deputy-secretaries of the commune-level Party Committees or Party cells (for
localities where the communal Party Committees have not yet been set up),
chairmen of the People's Councils and presidents of the People's Committees:
Co-efficient of 1.9 of the minimum salary shall apply;
c/ 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 work), and presidents of Fatherland Front
committees: Co-efficient of 1.8 of the minimum salary shall apply;
d/ For secretaries of
Ho Chi Minh Communist Youth Unions, presidents of Women's Unions, presidents of
Peasants' Associations, and presidents of War Veterans' Associations:
Co-efficient of 1.7 of the minimum salary shall apply;
e/ If the persons
holding the above-said positions are re-elected, they shall enjoy an additional
monthly allowances equal to 5% of the salary levels applicable to their
positions as from the second term (as from the 61th month);
f/ In cases where the
commune-level public employees are elected to hold positions as prescribed in
Clause 1, Article 2 of this Decree, if their salaries paid according to the
elected positions are lower than those of the professional titles they are
enjoying, they shall be entitled to enjoy salaries applicable to such positions
and have their co-efficient of difference between professional salary level and
position-salary level reserved.
2. The commune-level
public employees prescribed in Clause 2, Article 2 of this Decree shall enjoy
the salary regimes as follows:
a/ The commune-level
public employees who have university or higher degrees compatible with the
professions of their titles shall enjoy salaries under the table of
administrative salaries, specialist's rank; who have the immediate-vocational
training degrees compatible with the professions of their titles shall enjoy
salaries according to junior-staff member's rank; who have
elementary-vocational training degree compatible with the professions of their
titles shall enjoy salaries according to paperwork personnel's rank. They shall
have their salaries raised according to the seniority as for officials and
public employees of equivalent ranks at the district or higher level;
b/ The commune-level
public employee probationers shall enjoy 85% of salaries of equivalent
public-employee's ranks; the duration for enjoying probation salaries shall
comply with the State's current regulations;
c/ The incumbent
commune-level public employees who have not yet graduated from any professional
training courses as prescribed shall enjoy the salary co-efficient of 1.09 of
the minimum salary;
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Article 5.- Social insurance and medical insurance regimes
1. The commune-level
full-time officials and public employees shall be entitled to social insurance
regime under 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 articles of the Social Insurance
Regulation promulgated together with the Government's Decree No. 12/CP of
January 26, 1995, and medical insurance regime under the Medical Insurance
Regulation promulgated together with the Government's Decree No. 58/1998/ND-CP
of August 13, 1998; when they reach the retirement ages as prescribed by the
Labor Code, if having paid social insurance premiums for full 15 years or more,
they shall be entitled to pension regime.
2. The commune-level
full-time officials, when retiring from their posts and having paid social
insurance premiums for full 10 years or more but lacking 5 years at most to
reach the retirement ages who have not yet received social insurance lump-sum
allowances and voluntarily continue to pay 15% of the monthly social insurance
premiums according to the salary grades they enjoy before they retire from
their posts to the social insurance bodies in the localities where they reside
until they complete the duration of paying social insurance premiums and reach
the retirement age, shall be entitled to pension regime.
Article 6.- Regimes applicable to the commune-level full-time officials
and public employees being those who are enjoying pension regime or working
capacity loss allowance
The commune-level
full-time officials and public employees being those who are enjoying pension
regime or working-capacity loss allowance shall enjoy 40% of the title salaries
according to the provisions in Clause 1, Article 4 of this Decree as from
January 1, 2005 and not have to pay the social insurance or medical insurance
premiums.
Article 7.- Allowance regimes for the commune-level, village or population-group
part-time officials
The commune-level,
village or population-group part-time officials shall enjoy monthly allowances.
Basing themselves on
the practical situation in their respective localities, the provincial-level
People's Committees shall decide on the specific number of part-time officials
for each commune, ward or district township and specific level of allowance for
each title of part-time officials.
Article 8.- Training and fostering
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Article 9.- Funding sources for implementation of regimes and policies
Funding sources for
implementation of regimes for the subjects prescribed in this Decree shall
comply with the provisions of the State Budget Law and the current documents
guiding the State Budget Law.
Article 10.- Implementation effect
This Decree takes
effect 15 days after its publication in the Official Gazette.
This Decree replaces
the Government's Decree No. 50/CP of July 26, 1995 on the regime of
cost-of-living allowances for the commune, ward or district township officials
and Decree No. 09/1998/ND-CP of January 23, 1998 amending Decree No. 50/CP of
July 26, 1995.
To annul the regimes
for the commune, ward or district township officials prescribed in Article 12
of the Government's Decree No. 40/1999/ND-CP of June 23, 1999 on the commune
security chiefs; Item 3, Clause 1 and Item 1, Clause 3, Article 1 of Decree No.
46/2000/ND-CP of September 12, 2000 amending and supplementing a number of
articles of Decree No. 35/CP of June 14, 1996 detailing the implementation of
the Ordinance on Militia and Self-Defense Force.
Article 11.- Implementation responsibilities
The Ministry of Home
Affairs shall assume the prime responsibility and coordinate with the Ministry
of Finance, the Ministry of Labor, War Invalids and Social Affairs as well as
the concerned ministries and branches in guiding the implementation of this
Decree.
Article 12.- The ministers, the heads of the ministerial-level
agencies, the heads of the agencies attached to the Government and the presidents
of the People's Committees of the provinces and centrally-run cities shall have
to implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung