Joint Circular No. 01/2006/TTLT-BTP-BNV-BTC guiding the implementation of Decision No. 233/2005/QD-TTg dated September 26, 2005 of the Prime Minister on the allowance for responsibility based on profession for Enforcement Officers and Notaries.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 233/2005/QĐ-TTg

dated September 26, 2005 of the Government Chairman on the allowance system for responsibility according to profession for Enforcement Officers and Notaries

To implement uniformly the allowance system for responsibility according to profession for Enforcement Officers and Notaries, the Ministry of Justice, the Ministry of Home Affairs, and the Ministry of Finance provide guidance as follows.

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Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;

I. OBJECTS, SCOPE, AND PRINCIPLES OF APPLICATION

1. Objects and scope of application

The objects and scope of application of the responsibility allowance in civil enforcement agencies and state notary offices include those specified in Article 1 of Decision No. 233/2005/QĐ-TTg dated September 26, 2005 of the Government Chairman on the allowance system for responsibility according to profession for Enforcement Officers and Notaries (hereinafter referred to as Decision No. 233/2005/QĐ-TTg).

a) The objects entitled to the responsibility allowance as stipulated in Clause 1, Section I of this Circular are those persons appointed by competent authorities in accordance with the law to positions or titles;

b) Civil servants appointed to any position or title shall be entitled to the responsibility allowance prescribed for that position or title;

2. Principles of application

c) The objects entitled to the responsibility allowance as stipulated in Clause 1, Section I of this Circular shall enjoy such allowance as follows:

- For civil servants appointed to the position of Enforcement Officer before October 1, 2004, they shall enjoy the responsibility allowance as prescribed in this Circular from October 1, 2004. For civil servants appointed to the position of Enforcement Officer from October 1, 2004 onwards, they shall enjoy the responsibility allowance as prescribed in this Circular from the date of appointment;

- For civil servants appointed to the position of Notary before October 23, 2005 (the effective date of Decision No. 233/2005/QĐ-TTg), they shall enjoy the responsibility allowance as prescribed in this Circular from October 23, 2005. For civil servants appointed to the position of Notary from October 23, 2005 onwards, they shall enjoy the responsibility allowance as prescribed in this Circular from the date of appointment.

3. The objects stipulated in Clause 1, Section I of this Circular shall not be entitled to the responsibility allowance during the following periods:

a) Being relieved of duty, retiring, resigning, or being transferred or reassigned to other agencies not under civil enforcement agencies and state notary offices;

b) Time spent abroad on official business, work, or study receiving 40% of salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces;

c) Time spent studying in Vietnam for three consecutive months or more;

d) Time off due to illness or maternity leave exceeding the period prescribed in the current Social Insurance Regulations of the State.

II. LEVELS OF RESPONSIBILITY ALLOWANCE AND CALCULATION METHODS

3. The budget for implementing the occupational preference allowance system for State Audit officials and civil servants shall be allocated annually in the State Audit Office's budget.

1. Levels of responsibility allowance

State Audit officials, civil servants, and staff currently working at the State Audit Office shall be provided uniforms as follows:

a) Enforcement officers at district-level civil enforcement agencies (commonly referred to as district-level Enforcement Officers) shall be entitled to a responsibility allowance equal to 30% of their current grade salary plus leadership position allowance and seniority allowance above the ceiling (if applicable);

b) Enforcement officers at provincial-level civil enforcement agencies (commonly referred to as provincial-level Enforcement Officers) shall be entitled to a responsibility allowance equal to 25% of their current grade salary plus leadership position allowance and seniority allowance above the ceiling (if applicable);

c) Notaries shall be entitled to a responsibility allowance equal to 15% of their current grade salary plus leadership position allowance and seniority allowance above the ceiling (if applicable).

2. Calculation method

Current professional and vocational pay grade coefficient plus leadership position coefficient and percentage (converted to coefficient) of seniority allowance above the ceiling (if applicable)

minimum

The amount of the responsibility allowance for Mr. B as a district-level Enforcement Officer grade 6 for one month (October 2005) is:

3.99 x 350,000 VND/month x 30% = 418,950 VND/month

3. Application of responsibility allowance when changing jobs

a) When district-level Enforcement Officers, provincial-level Enforcement Officers, or Notaries change jobs or no longer hold these positions, they shall cease to receive the responsibility allowance for these positions from the effective date of the job change decision;

b) In cases where a district-level Enforcement Officer is appointed as a provincial-level Enforcement Officer and the total salary plus responsibility allowance for a provincial-level Enforcement Officer is lower than the total salary plus responsibility allowance for a district-level Enforcement Officer previously enjoyed, the difference between the total salary plus responsibility allowance for a district-level Enforcement Officer and the total salary plus responsibility allowance for a provincial-level Enforcement Officer will be retained until the next salary increment at the new position.

3,99 x 350,000 VND/month x 30% : 418,950 (VND/month)

3. Apply duty allowance when changing job positions

a) Enforcement officers at the district level, enforcement officers at the provincial level, and notaries, when changing job positions or no longer holding these positions, shall cease to receive duty allowances for these positions from the date the Decision on changing job positions takes effect;

b) In the case where a district-level enforcement officer is appointed as a provincial-level enforcement officer and the total salary including duty allowance for a provincial-level enforcement officer is lower than the total salary including duty allowance for a district-level enforcement officer previously received, then the difference between the total salary including duty allowance for a district-level enforcement officer and the total salary including duty allowance for a provincial-level enforcement officer shall be retained until the next salary grade increase in the newly appointed position.

Example 3: Mr. Nguyen Van H, Enforcement Officer at the district level (job code 03.018), currently holds grade 7 with a factor of 4.32; the time for the next salary increase will be calculated from January 1, 2004. On February 1, 2006, Mr. H was appointed as an Enforcement Officer at the provincial level (job code 03.017), receiving a salary grade 1 with a factor of 4.40.

Before being appointed as an Enforcement Officer at the provincial level, the total amount of basic salary plus job responsibility allowance that Mr. H received in December 2005, based on his position as an Enforcement Officer at the district level at grade 7, was:

(4.32 x 350,000) + (4.32 x 350,000 x 30%) = 1,965,600 VND/month.

From February 1, 2006, the total amount of basic salary plus job responsibility allowance that Mr. H received, based on his new position as an Enforcement Officer at the provincial level at grade 1, in February 2006 was:

(4.40 x 350,000) + (4.40 x 350,000 x 25%) = 1,925,000 VND/month.

Since the total amount of basic salary plus job responsibility allowance (1,925,000 VND/month) based on the newly appointed position (Enforcement Officer at the provincial level) is lower than the total amount of basic salary plus job responsibility allowance (1,965,600 VND/month) when he held his previous position (Enforcement Officer at the district level) by 40,600 VND, Mr. H retains the difference between the total amount of basic salary plus job responsibility allowance he had previously received and the total amount of basic salary plus job responsibility allowance based on his newly appointed position as follows:

1,965,600 VND - 1,925,000 VND = 40,600 VND.

On January 1, 2007, Mr. H was promoted to grade 2 with a factor of 4.74 in his new position as an Enforcement Officer at the provincial level, then the total amount of basic salary plus job responsibility allowance that Mr. H receives will be: (4.74 x 350,000) + (4.74 x 350,000 x 25%) = 2,073,750 VND/month. This amount is higher than the total amount of basic salary plus job responsibility allowance he had previously received, so Mr. H stops receiving the retained difference of 40,600 VND from January 1, 2007.

III. SOURCE OF FUNDS AND PAYMENT OF ALLOWANCES

1. Funding sources

The source of funds to ensure the job responsibility allowance for Enforcement Officers at the district level, Enforcement Officers at the provincial level, and Notaries shall be implemented according to the Circulars guiding the Ministry of Finance.

2. Payment of job responsibility allowance for Enforcement Officers and Notaries

a) The entity responsible for paying the job responsibility allowance for Enforcement Officers and Notaries is the entity that employs them under its payroll system;

b) The job responsibility allowance for Enforcement Officers and Notaries is paid together with their monthly salary and is not used to calculate contributions or benefits under social insurance.

IV. EFFECTIVE DATE

1. This Circular takes effect 15 days after its publication in the Official Gazette.

Abolish Circular No. 34A/2001/TTLT-BTCCBCP-BTC-BTP dated June 21, 2001, jointly issued by the Government's Organizational and Cadre Affairs Council (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Justice, guiding the supplementary allowance for Enforcement Officers enforcing civil judgments.

2. The job responsibility allowance for Enforcement Officers at the district level and at the provincial level shall be calculated from October 1, 2004; the job responsibility allowance for Notaries shall be calculated from October 23, 2005 (the date Decision No. 233/2005/QĐ-TTg took effect).

During implementation, if there are difficulties or obstacles, the relevant ministries, sectors, and localities should report to the Ministry of Justice, the Ministry of Home Affairs, and the Ministry of Finance for research and resolution./.