Joint Circular No. 01/2010/TTLT-BNV-BTC guiding the implementation of the general minimum wage from May 1, 2010 for state agencies, political organizations, socio-political organizations, and public service units.

Article 1. Scope of application

1. Civil servants and officials within the state payroll working in central state agencies, provincial-level state agencies, district-level state agencies, town-level state agencies, and state agencies under provinces.

2. Public servants within the state payroll and those receiving salaries from public service revenues as prescribed by law working in public service units of the State, political organizations, and political-social organizations (hereinafter referred to as public service units).

3. Civil servants, officials within the state payroll and receiving salaries according to the salary scale prescribed by the State, who are appointed by competent authorities to work at associations, non-governmental organizations, projects, and international organizations located in Vietnam.

4. Specialized cadres and civil servants at communes, towns, and wards as stipulated in Clause 1 and Clause 2 of Article 2 of Decree No. 92/2009/NĐ-CP dated October 22, 2009, of the Government on job titles, number, and some policies for cadres and civil servants at communes, towns, and wards and those engaged in non-specialized work at commune level.

5. Kindergarten teachers within the payroll and kindergarten teachers under contracts as stipulated in Decision No. 161/2002/QĐ-TTg dated November 15, 2002, The Prime Minister.

6. Health workers at communes, towns, and wards receiving salaries according to Decision No. 58/TTg dated February 3, 1994, and Decision No. 131/TTg dated March 4, 1995, The Prime Minister.

7. Workers employed under contracts (employment contracts or labor contracts) in non-public public service units established and operating in accordance with the law.

8. People's Council representatives at all levels receiving activity fees as stipulated in Clause 2 of Article 75 of the Regulations on the Operation of People's Councils at All Levels issued together with Resolution No. 753/2005/NQ-UBTVQH11 dated April 2, 2005, of the Standing Committee of the National Assembly.

9. Personnel engaged in confidential work in confidential organizations.

10. The following categories also fall within the scope of this Circular for calculating contributions and benefits under social insurance and resolving issues related to wages as prescribed by law:

a) Cadres, civil servants, and public servants within the payroll of state agencies, political organizations, political-social organizations, and public service units permitted by competent authorities to apply the salary scale according to Decree No. 205/2004/NĐ-CP dated December 14, 2004, of the Government on the salary scale and salary system and allowances in state-owned companies;

b) Cadres, civil servants, and public servants studying, training, working, treating, and recuperating both domestically and abroad within the payroll of state agencies, political organizations, political-social organizations, and public service units;

c) Individuals undergoing probation or trial period (including probation for commune-level civil servants) in state agencies, political organizations, political-social organizations, and public service units;

d) Cadres, civil servants, and public servants currently suspended from work, detained, or arrested;

đ) Individuals who have signed labor contracts already classified according to Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government on the wage system for cadres, civil servants, public servants, and armed forces personnel.

Political organizations and political-social organizations mentioned in this Circular are those organizations stipulated in Article 1 of Decision No. 128-QĐ/TW dated December 14, 2004, of the Central Committee of the Communist Party of Vietnam on the wage system for cadres, civil servants, and public servants in Party agencies, the People's Front, and mass organizations. Agencies, units, and organizations mentioned in Article 1 of this Circular hereinafter are collectively referred to as agencies and units.

Article 2. Calculation of Salary Levels, Allowances, and Activity Fees

The salary levels, allowances (including retention difference coefficients, if applicable), and activity fees for the subjects specified in Article 1 of this Joint Circular from May 1, 2010 shall be calculated as follows:

1. For cadres, civil servants, and public officials

Cadres, civil servants, and public officials specified in Clauses 1, 2, 3, 4, 5, and 6 of Article 1 of this Joint Circular shall base their calculation on the salary coefficient and allowance currently enjoyed as stipulated in Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly, Resolution No. 1003/2006/NQ-UBTVQH11 dated March 3, 2006 of the Standing Committee of the National Assembly, Resolution No. 794/2009/NQ-UBTVQH12 dated June 22, 2009 of the Standing Committee of the National Assembly, Resolution No. 823/2009/UBTVQH12 dated October 3, 2009 of the Standing Committee of the National Assembly, Decision No. 128-QĐ/TW dated December 14, 2004 of the Central Committee Secretariat, Decision No. 275-QĐ/TW dated December 4, 2009 of the Central Committee Secretariat, Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government, Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government, and the general minimum wage level as prescribed in Article 1 of Decree No. 28/2010/NĐ-CP dated March 25, 2010 of the Government (hereinafter referred to as Decree No. 28/2010/NĐ-CP) to calculate the salary level, allowance level, and amount of the retention difference coefficient (if applicable) as follows:

a) Formula for calculating the salary level:

b) Formula for calculating the allowance level:

- For allowances calculated based on the general minimum wage level:

- For allowances calculated based on the percentage of the current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable):

- For allowances specified in specific monetary amounts, maintain them according to the current regulations.

c) Formula for calculating the amount of the retention differential coefficient (if applicable):

2. For workers in non-public service units

Workers in non-public service units specified in Clause 7 of Article 1 of this Joint Circular shall base their calculation on the general minimum wage level as prescribed in Article 1 of Decree No. 28/2010/NĐ-CP to determine the salary recorded in the labor contract; contributions and benefits under social insurance and health insurance; daily wages for holidays and annual leave; and other benefits as prescribed by law.

3. For People's Council Deputies at all levels

People's Council Deputies at all levels specified in Clause 8 of Article 1 of this Joint Circular shall base their calculation on the activity fee coefficient for People's Council Deputies at all levels as stipulated in Clause 2 of Article 75 of the Operation Regulations of People's Councils at all levels issued together with Resolution No. 753/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly to calculate the activity fee level using the following formula:

The activity fee level implemented from May 1, 2010 = General minimum wage level 730,000 VND/month x Activity fee coefficient as prescribed

4. For personnel engaged in confidential work in confidential organizations specified in Clause 9 of Article 1 of this Joint Circular

a) Personnel engaged in confidential work who are military or police personnel shall apply the method of calculating salaries and allowances as guided by the Ministry of Defense and the Ministry of Public Security;

b) Personnel engaged in confidential work who are not military or police personnel and other personnel in confidential organizations shall calculate the salary level, allowance level, and amount of the retention difference coefficient (if applicable) as for cadres, civil servants, and public officials according to the calculation method prescribed in Clause 1 of Article 2 of this Joint Circular.

Article 3. Implementation Organization

1. The head of the agency or unit directly managing the subjects receiving salaries, allowances, and activity fees specified in Article 1 of this Joint Circular shall base their calculation on the number of subjects as of May 1, 2010 to determine the salary level, allowance level, amount of the retention difference coefficient (if applicable), and activity fee level according to the guidance provided in this Joint Circular.

2. The determination of the salary fund, allowance fund, activity fee fund, and additional fund requirements and sources of funding for subjects receiving state budget salaries shall be carried out according to the guidance of the Ministry of Finance.

3. The funding for the general minimum wage level for workers specified in Clause 7 of Article 1 of this Joint Circular shall be self-funded by the non-profit organization from its revenue as prescribed by law.

4. This Joint Circular takes effect from May 10, 2010.

The salary levels, allowances (including retention difference coefficients, if applicable), and activity fees for the subjects specified in Article 1 of this Joint Circular shall be calculated based on the general minimum wage level of 730,000 VND/month from May 1, 2010.

Repeal Joint Circular No. 01/2009/TTLT-BNV-BTC dated April 22, 2009 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of the general minimum wage level from May 1, 2009 for state agencies, political organizations, political-social organizations, and non-profit organizations.

5. Deductions and benefits calculated based on the general minimum wage level shall be recalculated accordingly from May 1, 2010.