Joint Circular No. 01/2006/TTLT-VKSTC-BNV-BTC guiding the implementation of Decision No. 138/2005/QĐ-TTg dated June 13, 2005 of the Prime Minister on the allowance for responsibility for Prosecutors, Investigators, and Inspectors in the Procuracy sector.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 138/2005/QĐ-TTg dated June 13, 2005 of the Prime Minister on the allowance for responsibility for Procurators, Investigators, and Inspectors in the Procuracy Sector

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Pursuant to Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the salary table for positions and the allowance table for positions for state leaders; the salary table for specialized and vocational work in the Court sector and the Procuracy sector;

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;

Pursuant to Decision No. 138/2005/QĐ-TTg dated June 13, 2005 of the Prime Minister on the allowance for responsibility for Procurators, Investigators, and Inspectors in the Procuracy Sector;

In order to uniformly implement the allowance for responsibility for Procurators, Investigators, and Inspectors in the Procuracy Sector, the Supreme People's Procuratorate, the Ministry of Home Affairs, and the Ministry of Finance provide guidance as follows:

I. OBJECTS, SCOPE, AND PRINCIPLES OF APPLICATION

1. SCOPE AND APPLICABILITY

The objects entitled to receive the allowance for responsibility according to profession in the People's Procuracy include Procurators, Investigators, and Inspectors at all levels who are currently receiving salaries as prescribed in Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the salary table for positions and the allowance table for positions for state leaders; the salary table for specialized and vocational work in the Court sector and the Procuracy sector. Specifically:

a) The President of the Supreme People's Procuracy;

b) Procurators of the Supreme People's Procuracy, Procurators of the People's Procuracy of provinces and centrally governed cities (hereinafter referred to as provincial level), Procurators of the People's Procuracy of districts, counties, towns, and cities under provinces (hereinafter referred to as district level);

c) Senior Investigators, Intermediate Investigators, Junior Investigators;

d) Senior Inspectors, Principal Inspectors, Inspectors.

2. Principles of application

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

b) Civil servants appointed to any position shall enjoy the allowance for responsibility prescribed for that position.

c) In cases where they are appointed to a position before October 1, 2004, they shall enjoy the allowance for responsibility as prescribed in this Circular from October 1, 2004. In cases where they are appointed to a position from October 1, 2004 onwards, they shall enjoy the allowance for responsibility as prescribed in this Circular from the date of appointment.

3. The objects prescribed in Clause 1, Section I of this Circular shall not enjoy the allowance for responsibility during the following periods:

a) Periods spent working abroad, studying, or training outside the country, enjoying 40% of their salary as prescribed in Clause 4, Article 8 of Government Decree No. 204/2004/NĐ-CP dated December 14, 2004;

b) Periods spent studying inside the country without performing procuratorial duties for three consecutive months or more;

c) Periods of personal leave without pay for one month or more consecutively;

d) Periods of sick leave or maternity leave exceeding the duration prescribed in the current Social Insurance Regulations of the State.

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

II. LEVELS OF ALLOWANCE FOR RESPONSIBILITY AND CALCULATION METHODS

1. Levels of Allowance for Responsibility

a) The President of the Supreme People's Procuracy, Procurators, and Investigators at all levels shall enjoy the allowance for responsibility as follows:

The President of the Supreme People's Procuracy, Procurators of the Supreme People's Procuracy, and Senior Investigators shall enjoy the allowance for responsibility equal to 20% of their current salary plus leadership position allowance and seniority allowance above the ceiling (if applicable);

Procurators of the provincial-level People's Procuracy and Intermediate Investigators shall enjoy the allowance for responsibility equal to 25% of their current salary plus leadership position allowance and seniority allowance above the ceiling (if applicable);

Procurators of the district-level People's Procuracy and Junior Investigators shall enjoy the allowance for responsibility equal to 30% of their current salary plus leadership position allowance and seniority allowance above the ceiling (if applicable).

b) Inspectors at all levels shall enjoy the allowance for responsibility as follows:

Senior Inspectors shall enjoy the allowance for responsibility equal to 15% of their current salary plus leadership position allowance and seniority allowance above the ceiling (if applicable);

Principal Inspectors shall enjoy the allowance for responsibility equal to 20% of their current salary plus leadership position allowance and seniority allowance above the ceiling (if applicable);

Inspectors shall enjoy the allowance for responsibility equal to 25% of their current salary plus leadership position allowance and seniority allowance above the ceiling (if applicable).

2. Calculation Method

Example 1: Mr. H, an Inspector at the district-level People's Procuracy, currently enjoys a salary coefficient of 3.99, grade 6, group of positions type A1 in the salary table for specialized and vocational work in the Court sector and the Procuracy sector.

The amount of the allowance for responsibility of Mr. H calculated based on his Inspector grade 6 position is:

3.99 x 350,000 VND/month x 25% = 349,125 VND/month

3. Application of the Allowance for Responsibility when Changing Jobs

a) When Procurators, Investigators, and Inspectors at all levels change jobs or no longer hold these positions, they shall cease to enjoy the allowance for responsibility for these positions from the effective date of the decision changing their job.

b) When Procurators, Investigators, and Inspectors at all levels are promoted to a higher group of positions but the total amount of their salary plus the allowance for responsibility for the new position is lower than before promotion, they shall be compensated for the difference between the total amount of their salary plus the allowance for responsibility they were enjoying in the old position and the total amount of their salary plus the allowance for responsibility they will enjoy in the new position until they are promoted to the next grade.

Example 2: Mr. B, a Junior Investigator, currently enjoys a salary coefficient of 4.32, grade 7, group of positions type A1 in the salary table for specialized and vocational work in the Court sector and the Procuracy sector; the time for considering the next promotion grade is counted from January 1, 2004. On January 1, 2006, Mr. B was promoted to Intermediate Investigator, assigned a salary coefficient of 4.40, grade 1; the time for considering the next promotion grade in the Intermediate Investigator position is counted from January 1, 2004.

Prior to being appointed as a mid-level investigator, the total salary including responsibility allowances of Mr. B calculated based on the position of junior-level investigator grade 7 was:

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

From January 1, 2006, the total salary including responsibility allowances of Mr. B calculated based on the position of mid-level investigator grade 1 was:

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

Since the total amount of salary including responsibility allowances of Mr. B calculated based on the newly appointed position is 1,925,000 VND/month, which is lower than the total amount of salary including responsibility allowances before the appointment of 1,965,600 VND/month by 40,600 VND, therefore, Mr. B is entitled to retain the difference between the total amount of salary including responsibility allowances received at the previous position and the total amount of salary including responsibility allowances received at the new position: 1,965,600 VND - 1,925,000 VND = 40,600 VND.

By January 1, 2007, Mr. B was promoted to grade 2 with a salary coefficient of 4.74 for the position of mid-level investigator. The total salary including responsibility allowances is (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 salary including responsibility allowances previously received, so Mr. B ceases to receive the retained difference of 40,600 VND.

Example 3Mr. K, the Procurator of the People's Procuracy of the province, currently receives a salary coefficient of 6.78 at grade 8 for Provincial Procurator, belonging to group A2 of the specialized and professional salary table for the judiciary and procuratorial sectors, and receives a leadership position allowance coefficient of 0.95; the time for the next salary grade increase is counted from June 15, 2004. By November 1, 2005, Mr. K was transferred and appointed as a Procurator of the Supreme People's Procuracy, concurrently holding the position of Deputy Director of a Department, with a salary coefficient of 6.92 at grade 3, and receiving a leadership position allowance coefficient of 0.85; the time for the next salary grade increase at the position of Procurator of the Supreme People's Procuracy is counted from June 15, 2004.

Prior to being transferred and appointed as a Procurator of the Supreme People's Procuracy, the total salary including responsibility allowances of Mr. K (in October 2005) calculated based on the position of Procurator of the People's Procuracy of the province (grade 8 Provincial Procurator) was:

(6.78 x 350,000) + [(6.78 + 0.95) x 350,000 x 25%] = 3,049,375 (VND/month).

From November 1, 2005, the total salary including responsibility allowances of Mr. K calculated based on the position of Deputy Director (grade 3 Procurator of the Supreme People's Procuracy) is:

(6.92 x 350,000) + [(6.92 + 0.85) x 350,000 x 20%] = 2,965,900 (VND/month).

Since the total amount of salary including responsibility allowances of Mr. K calculated based on the newly appointed position is 2,965,900 VND, which is lower than the total amount of salary including responsibility allowances before the appointment of 3,049,375 VND by 83,475 VND, therefore, Mr. K is entitled to retain the difference between the total amount of salary including responsibility allowances received at the previous position and the total amount of salary including responsibility allowances received at the new position: 3,049,375 VND - 2,965,900 VND = 83,475 VND.

By June 15, 2007, Mr. K was promoted to grade 4 with a salary coefficient of 7.28 for the position of Procurator of the Supreme People's Procuracy. The total salary including responsibility allowances is (7.28 x 350,000) + [(7.28 + 0.85) x 350,000 x 20%] = 3,117,100 (VND/month). This amount is higher than the total amount of salary including responsibility allowances previously received, so Mr. K ceases to receive the retained difference of 83,475 VND.

III. SOURCE OF FUNDS AND METHOD OF PAYMENT

1. Funding sources

The source of funds to ensure the responsibility allowance system for the Procurators General of the Supreme People's Procuracy, Procurators, Investigators, and Inspectors at all levels within the Procuracy sector shall be implemented according to the guiding Circulars of the Ministry of Finance.

2. Method of Payment

a) Responsibility allowances for the Procurator General of the Supreme People's Procuracy, Procurators, Investigators, and Inspectors who belong to the payroll of a certain level of the People's Procuracy shall be paid by that level of the People's Procuracy.

b) Responsibility allowances shall be paid together with monthly salaries and settled according to the current laws on financial management systems.

c) Responsibility allowances stipulated in this Circular shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

3. Management and Settlement of Funds

The management, allocation, accounting, and settlement of funds for implementing the responsibility allowance system for the Procurator General of the Supreme People's Procuracy, Procurators, Investigators, and Inspectors at all levels within the People's Procuracy sector shall be carried out according to the current financial management systems and recorded under item 102, sub-item 08 of the state budget classification corresponding to chapter, type, section, and category.

IV. IMPLEMENTATION

This Circular shall take effect 15 days after its publication in the Official Gazette. The responsibility allowance system stipulated in this Circular shall be applicable from October 1, 2004.

2. Abolish the provisions regarding the allowance system for Procurators and Investigators in the judiciary sector stipulated in Joint Circular No. 05/2001/TTLT/BTP-BTCCBCP-BTC-BCA dated March 28, 2001, issued by the Ministry of Justice, the Government Organizational and Cadre Affairs Committee (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Public Security, guiding the allowance system for certain judicial positions.

Any difficulties encountered during implementation should be reported to the Supreme People's Procuracy, the Ministry of Home Affairs, and the Ministry of Finance for study and resolution./.