Circular No. 02/2005/TT-BNV guiding the implementation of the allowance system for leadership positions for civil servants and public officials

CIRCULAR

Guidelines for Implementing the System of Position Allowances for Leadership Positions for Cadres, Civil Servants, and Public Officials

civil servant, public official

Implementing Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly on approving the salary scale for leadership positions, the position allowance scale for state leaders, and the salary scale for specialized and vocational sectors of the Judiciary and Prosecution; and Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, public officials, and armed forces; after consulting with the Ministry of Finance and relevant ministries and agencies, the Ministry of Home Affairs issues guidelines for implementing the system of position allowances for leadership positions for cadres, civil servants, and public officials holding leadership titles (elected or appointed) in state agencies and public institutions at all levels as follows:

        I. SCOPE AND APPLICABLE SUBJECTS

1. Cadres elected in state agencies from central to district, county, town, and city under province (district level) who are classified according to administrative civil service ranks and grades and entitled to leadership position allowances.

2. Cadres, civil servants, and public officials (including specialized and vocational titles in the Judiciary and Prosecution sectors) appointed to hold leadership positions in state agencies from central to district level and in public institutions established by competent authorities.

3. Cadres, civil servants, and public officials within the state payroll and classified according to civil service and public official ranks and grades assigned to hold specialized leadership positions in associations and non-governmental organizations.

        II. PRINCIPLES AND SITUATIONS FOR ENTITLEMENT TO AND WITHDRAWAL FROM LEADERSHIP POSITION ALLOWANCES

1. Principles:

Cadres, civil servants, and public officials who are elected or appointed to hold any leadership position shall be entitled to the corresponding leadership position allowance; if one person holds multiple leadership positions, they shall be entitled to the allowance for the highest leadership position.

2. Situations for entitlement to and withdrawal from leadership position allowances:

a) In accordance with job requirements, cadres, civil servants, and public officials currently holding leadership positions may be transferred to other leadership positions; if the new leadership position allowance is lower than the previous one, they shall retain the previous leadership position allowance.

b) Cadres, civil servants, and public officials who are elected or appointed to hold different leadership positions, if the new leadership position allowance is lower than the previous one and not due to job requirement transfer, shall retain the previous leadership position allowance for six months from the date of approval of the election results or appointment; from the seventh month onwards, they shall receive the new leadership position allowance.

c) Situations where leadership positions (elected or appointed) are terminated:

c1) If termination of the leadership position is due to disciplinary dismissal, removal, demotion, or non-reappointment, then the leadership position allowance shall cease from the effective date of the decision terminating the leadership position.

c2) If termination of the leadership position is due to extension of working time beyond retirement age or retirement upon notification by the competent authority, then the current leadership position allowance shall be retained.

c3) If termination of the leadership position is due to organizational restructuring or reduction in staffing as prescribed by the Government, then it shall be implemented according to specific guidelines during such restructuring or reduction.

c4) Other situations where leadership positions (elected or appointed) are terminated, except those specified in paragraphs c1, c2, and c3 above, shall retain the previous leadership position allowance for six months from the date of the decision terminating the leadership position; from the seventh month onwards, the leadership position allowance shall cease.

d) Other situations:

d1) If the agency or unit does not have a head or the head is not directly managing (due to study, illness, or other reasons), the person designated by a written decision of the competent authority to take charge or assume the head's duties (without being an election result approval decision or a leadership position appointment decision) shall be entitled to the leadership position allowance equivalent to that of the head. When the decision to terminate the charge or assumption of duties ceases, the leadership position allowance shall cease from the effective date of the decision.

d2) If the organization's classification is downgraded due to changes, those who held leadership positions before the competent authority's decision to change the organization's classification shall retain the previous leadership position allowance for six months; from the seventh month onwards, they shall receive the leadership position allowance according to the new organizational classification.

d3) In cases of administrative boundary changes, those designated by the competent authority to hold temporary leadership positions shall be entitled to the leadership position allowance corresponding to their leadership position. Upon completion of the temporary leadership term and re-election or re-appointment to another leadership position, they shall receive the allowance for the new leadership position, without retaining the previous leadership position allowance received during the temporary leadership period.

III. LEVELS OF POSITION ALLOWANCES AND METHODS OF PAYMENT

1. Levels of leadership position allowances:

The levels of leadership position allowances shall be applied according to the leadership position allowance table (elected or appointed) in state agencies and public institutions issued along with Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly and Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government.

2. Methods of payment for leadership position allowances

The leadership position allowance (including the coefficient difference for the Head of Delegation, Deputy Head of Delegation of the National Assembly Members working on a full-time basis, and National Assembly Members working on a full-time basis at provincial-level cities directly under the Central Government as stipulated in the leadership position allowance table issued together with Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly) shall be paid concurrently with the monthly salary and used to calculate contributions and benefits under the social insurance scheme.

IV. IMPLEMENTATION

1. The Minister, the head of a ministry-equivalent agency, the head of a government-affiliated agency, the head of the People's Council at the central level, and the Chairman of the People's Council at provincial-level cities directly under the Central Government shall direct agencies and units under their management to review the organizational structure and leadership positions (elections, appointments) to implement uniformly the leadership position allowance system according to the guidelines set forth in this Circular.

2. Agencies and units that have established a framework for leadership position allowances pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government shall have the respective ministry or ministry-equivalent agency (referred to collectively as the Ministry) responsible for specifying the details after reaching an agreement with the Ministry of Home Affairs and the Ministry of Finance.

The application dossier includes:

a) Principles and criteria for ranking organizations;

b) The number of positions in each organization;

c) Leadership positions and corresponding leadership position allowances.

During the period when there is no regulation from the managing Ministry, the current leadership position allowance level (if applicable) shall be temporarily maintained; after the issuance of regulations by the managing Ministry, the differential portion of the new leadership position allowance compared to the old one shall be retroactively claimed and paid into social insurance in accordance with the effective date of this Circular.

3. The General Director of the Vietnam Social Security shall instruct the Social Security offices at provincial-level cities directly under the Central Government to collect social insurance contributions strictly in accordance with the leadership position allowances enjoyed by officials, civil servants, and public employees. If discrepancies in the enjoyment of leadership position allowances are discovered, the Director of the Social Security office at the provincial-level city directly under the Central Government shall issue a document requesting the competent authority managing officials, civil servants, and public employees to reclassify the leadership position allowances in compliance with state regulations (a copy to be sent to the Ministry of Home Affairs for monitoring and verification).

V. EFFECTIVE DATE

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

Abolish all guiding documents implementing Decree No. 25/CP dated May 23, 1993 of the Government regarding the leadership position allowance system for officials, civil servants, and public employees working in state agencies and public service units.

2. The leadership position allowance system (elections, appointments) prescribed in this Circular shall take effect from October 1, 2004.

Officials, civil servants, and public employees holding leadership positions (elections, appointments) after October 1, 2004 shall enjoy leadership position allowances according to the guidelines set forth in this Circular from the date they are officially approved by the competent authority for the election results or appointment decision.

3. Leadership positions in confidential organizations and in armed forces shall be guided separately.

4. Leadership positions (elections, appointments) in Party, Front, and mass organizations' agencies and units shall implement the leadership position allowance system according to the guidance of the Central Organization Department. Any difficulties encountered during implementation shall be reported to the Ministry of Home Affairs for research and resolution.

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

THE MINISTER

(Signed)

DO QUANG TRUNG