Circular No. 02/2007/TT-BNV guiding the salary grading when upgrading, transferring grades, and changing types of civil servants and public officials

 CIRCULAR

GUIDELINES FOR SALARY GRADING WHEN PROMOTING RANKS, TRANSFERRING RANKS, AND CHANGING TYPES

CIVIL SERVANTS, OFFICIALS

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 Decree No. 121/2006/NĐ-CP dated October 23, 2006 of the Government amending and supplementing certain articles of Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state-run units;

Pursuant to Decree No. 162/2006/NĐ-CP dated December 28, 2006 of the Government on salary system and uniform allowance for cadres, civil servants, and officials in the State Audit Organization and preferential treatment for State Auditors;

Pursuant to Decree No. 09/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state agencies;

The Ministry of Home Affairs provides guidelines for salary grading when promoting ranks, transferring ranks, and changing types of civil servants and officials as follows:

I. SCOPE AND APPLICABLE SUBJECTS

Cadres, civil servants, and officials who have been graded according to the salary table for professional and vocational positions, administrative, and service positions include:

1. Positions that have been graded according to the salary table for professional and vocational positions in the judiciary and prosecution sectors issued together with Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the salary table and position allowances for national leaders; the salary table for professional and vocational positions in the judiciary and prosecution sectors.

2. Cadres and civil servants who have been graded according to the salary table for professional and vocational positions in the State Audit Organization issued together with Resolution No. 1003/2006/NQ-UBTVQH11 dated March 3, 2006 of the Standing Committee of the National Assembly approving the salary table and position allowances for State Audit Organization leaders; the salary, allowance, and uniform table for State Audit Organization cadres and civil servants; preferential treatment for State Auditors.

3. Cadres, civil servants, and officials who have been graded according to the salary table for professional and vocational positions, administrative, and service positions issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, officials, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/NĐ-CP), including:

a. Table 2: Salary table for professional and vocational positions for cadres and civil servants in state agencies (including those holding positions elected through elections and classified under the civil servant administrative rank and enjoying leadership position allowances and civil servants at commune, ward, and town levels);

b. Table 3: Salary table for professional and vocational positions for cadres and officials in state-run units;

c. Table 4: Salary table for administrative and service staff in state agencies and state-run units.

Cadres, civil servants, and officials mentioned in Clauses 1, 2, and 3 of Section I above shall be appointed to a new rank (hereinafter referred to as the new rank) by the competent authority when promoting ranks, transferring ranks, or changing types of civil servants and officials (the rank held before promotion, transfer, or change, hereinafter referred to as the old rank).

II. METHOD OF SALARY GRADING

1. Salary grading when promoting civil servant ranks:

a. In cases where they have not yet received the seniority allowance exceeding the ceiling at the old rank, the basis for grading will be the current salary coefficient at the old rank to grade into the nearest higher or equal salary coefficient at the new rank. The time of receiving salary at the new rank starts from the date of signing the decision appointing to the new rank. The time for considering the next salary increase at the new rank is calculated as follows: If the difference between the salary coefficient graded at the new rank compared to the current salary coefficient at the old rank is equal to or greater than the difference between two consecutive salary coefficients at the old rank, then it is counted from the date of signing the decision appointing to the new rank; if it is less than the difference between two consecutive salary coefficients at the old rank, then it is counted from the date of grading the current salary coefficient at the old rank.

b. In cases where they are currently receiving the seniority allowance exceeding the ceiling at the old rank, the basis for grading will be the total salary coefficient plus the seniority allowance exceeding the ceiling currently received at the old rank to grade into the nearest higher or equal salary coefficient at the new rank. The time of receiving salary at the new rank and the time for considering the next salary increase at the new rank start from the date of signing the decision appointing to the new rank.

Example 1: Ms. Tran Thi A is currently receiving a 6% seniority allowance exceeding the ceiling at the specialist rank (code 01.003) since April 1, 2007 (total salary coefficient 4.98 plus 6% VK currently received at the specialist rank is 5.28). Ms. A passed the examination for promotion to the senior specialist rank (code 01.002) and was signed off on the appointment decision by the competent authority on February 1, 2008, then Ms. A will be based on the total salary coefficient currently received at the specialist rank of 5.28 to grade into the nearest higher salary coefficient of 5.42 at the senior specialist rank. The time of receiving salary at the senior specialist rank and the time for considering the next salary increase at the senior specialist rank of Ms. A will start from February 1, 2008 (the date of signing the decision appointing to the senior specialist rank).

c. In cases where the total salary coefficient plus the seniority allowance exceeding the ceiling currently received at the old rank is greater than the salary coefficient at the highest level in the new rank, then it will be graded into the salary coefficient at the highest level in the new rank and will receive an additional retention differential coefficient equivalent to the total salary coefficient plus the seniority allowance exceeding the ceiling currently received at the old rank. The time of receiving salary at the new rank (including the retention differential coefficient) and the time for considering the seniority allowance exceeding the ceiling at the new rank start from the date of signing the decision appointing to the new rank.

The retention differential coefficient at point c above (rounded to two decimal places) will be enjoyed throughout the period that cadres, civil servants, and officials are graded at the new rank. Thereafter, if cadres, civil servants, and officials continue to be promoted or transferred to another rank, this retention differential coefficient will be added to the current salary coefficient (including seniority allowance exceeding the ceiling, if any) to grade into the new rank upon promotion or transfer and cease to enjoy the retention differential coefficient from the date of receiving salary at the new rank.

Example 2: Mr. Nguyen Van B is currently receiving a 15% seniority allowance above the ceiling at the inspector level (code 07.047) since February 1, 2007 (the total salary coefficient of 3.63 plus the 15% VK he is currently receiving at the inspector level is 4.17). On October 1, 2007, Mr. B met the conditions and was decided by the competent authority to be promoted to the civil servant level (code 01.004). Since the total salary coefficient of 4.17 he is currently receiving at the inspector level is higher than the coefficient of 4.06 at the highest grade in the civil servant level, Mr. B was assigned to the salary coefficient of 4.06 grade 12 at the civil servant level and received an additional retention differential coefficient of 0.11 (4.17 - 4.06) from October 1, 2007 (the date of appointment to the civil servant level). On October 1, 2009, after two years and meeting the conditions, Mr. B began to receive a 5% seniority allowance above the ceiling at the civil servant level and continued to receive the retention differential coefficient of 0.11.

On March 1, 2010, when Mr. B met the conditions and was decided by the competent authority to be promoted to the specialist level (code 01.003), he was based on the total salary coefficient plus the retention differential coefficient and the 5% seniority allowance above the ceiling he is currently receiving at the civil servant level, which is 4.37 (4.06 + 0.11 + 5% VK of 4.06) to be assigned to the higher salary coefficient at the specialist level, which is 4.65 grade 8, and ceased to receive the retention differential coefficient of 0.11 from March 1, 2010 (since Mr. B is currently receiving a seniority allowance above the ceiling at the civil servant level, the time for receiving salary at the specialist level and the time for considering the next salary increase at the specialist level will be calculated from the date of the decision appointing him to the specialist level).

2. Salary assignment when transferring positions within the same type of civil servants or public officials:

a. In the case of being appointed to a new position within the same group of positions as the old position (the old and new positions have the same salary grade coefficients), the grade salary and % seniority allowance above the ceiling (if any) currently received at the old position (including the time for considering the next salary increase or considering the seniority allowance above the ceiling if any at the old position) shall be transferred to the new position.

b. In the case of being appointed to a new position with a higher salary coefficient at the same grade as the old position (for example, from a position under A2.2 to a position under A2.1), it shall be implemented according to the method of salary assignment when promoting the position of civil servants or public officials as stipulated in Clause 1 Section II of this Circular.

c. In the case of being appointed to a new position with a lower salary coefficient at the same grade as the old position (for example, from a position under A2.1 to a position under A2.2), it shall be implemented according to the method of salary assignment as stipulated in point a Clause 2 here and shall also receive an additional retention differential coefficient to equal the salary coefficient (including the seniority allowance above the ceiling, if any) currently received at the old position. This retention differential coefficient shall be implemented according to the guidance in point c Clause 1 Section II of this Circular.

3. Salary assignment when transferring types of civil servants or public officials:

In the case where civil servants or public officials meet the criteria and conditions and are decided by the competent authority to transfer from type A0 to type A1; from type B, type C to type A (including A0 and A1) or from type C to type B, it shall be implemented according to the method of salary assignment when promoting the position of civil servants or public officials as stipulated in Clause 1 Section II of this Circular.

4. Salary assignment for cadres, civil servants, and public officials who are working and have been decided to promote positions, change positions, or alter positions (due to supplementation or changes in classification of civil servants or public officials) from after the date of the old salary adjustment guidance to the new salary according to Decree No. 204/2004/ND-CP (after January 26, 2005) until the effective date of this Circular (excluding cases specified in Clauses 6, 7, 8, and 10 Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs and those currently enjoying retention of leadership position allowances):

a. If recalculated according to the guidance in this Circular results in a more favorable grade salary, time for considering the next salary increase, or considering the seniority allowance above the ceiling (if any) at the new position, then it shall be adjusted according to the guidance in this Circular.

The time for receiving the new grade salary (after adjusting the salary according to the provision in point a) shall be uniformly counted from the date of the decision to adjust the grade salary and shall not include back pay, nor shall it include social insurance or health insurance contributions for the difference between the result of the salary adjustment according to this Circular and the decision of the competent authority from after January 26, 2005 to before the effective date of this Circular.

b. If recalculated according to the guidance in this Circular does not result in a more favorable outcome, then the salary shall not be adjusted for these cases.

III. EFFECTIVE DATE OF IMPLEMENTATION

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

Abolish Clause 4 and Clause 5 Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding the salary adjustment for cadres, civil servants, and public officials when changing jobs and cases of being transferred to work from military forces, cryptic services, and state-owned enterprises to work in state agencies and state-run organizations.

2. The authority to decide on salary assignment when promoting positions, changing positions, and transferring types for cadres, civil servants, and public officials (including the case stipulated in point a Clause 4 Section II of this Circular) shall be carried out according to the current delegation levels.

During the implementation process, if there are difficulties, please reflect them to the Ministry of Home Affairs for research and resolution./.