Circular No. 03/2005/TT-BNV guiding the implementation of the regular promotion and early promotion salary grade system for civil servants, public officials, and employees.

CIRCULAR

Guidelines for Implementing the Regular Promotion and Early Promotion of Salary Grades for Civil Servants, Public Officials, and Employees

Implementing Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government on the salary system for civil servants, public officials, employees, and military personnel; after exchanging opinions with the Ministry of Finance and relevant ministries and sectors, the Ministry of Home Affairs provides guidelines for implementing the regular promotion and early promotion of salary grades for civil servants, public officials, and employees as follows:

I. SCOPE AND OBJECTS.

1. Scope and Applicability:

1.1. Civil servants, public officials, and employees who are classified according to the senior specialist salary scale and the administrative, service, and auxiliary salary scales working in state agencies from central to commune, ward, town levels and in state-run organizations, including:

a) Election officials in state agencies from central to district, county, city levels under provinces who are classified according to the civil service grade and rank and receive leadership position allowances.

b) Senior specialists.

c) Civil servants, public officials, and employees classified according to the professional, technical, administrative, service, and auxiliary salary scales (including all judicial and prosecution professional positions and appointed leadership positions) working in state agencies and in state-run organizations.

d) Civil servants at commune, ward, town levels.

1.2. Civil servants, public officials, and employees within the state establishment and classified according to the professional, technical, administrative, service, and auxiliary salary scales prescribed by the State, who are assigned to work in associations, non-governmental organizations, projects, and international organizations located in Vietnam.

2. Non-applicable Subjects:

Leaders holding positions subject to salary according to the leadership position scale have been classified according to the term of office.

II. REGULAR PROMOTION SYSTEM OF SALARY GRADES

Civil servants, public officials, and employees specified in Point 1 of Section I of this Circular, if they have not yet reached the final grade in their civil servant or employee rank (hereinafter referred to as "rank") or in their senior specialist or professional position (hereinafter referred to as "position"), shall be eligible for regular promotion to the next grade when they meet the required time period in their rank or position and satisfy the criteria for regular promotion throughout the time they held the previous grade as follows:

1. Time Period Conditions in Rank or Position:

1.1. The time period in rank or position for regular promotion is stipulated as follows:

a) For senior specialists, if they have not yet reached the final grade in the senior specialist salary scale, then after five years (sixty months) of holding a grade in the senior specialist salary scale, they will be eligible for promotion to the next grade.

b) Civil servants, public officials, and employees, if they have not yet reached the final grade in the civil servant or employee ranks from type A0 to A3 of Scales 2 and 3 as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government and in the professional positions in the judiciary and prosecution sectors as prescribed in Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004, of the Standing Committee of the National Assembly, then after three years (thirty-six months) of holding a grade in their rank or position, they will be eligible for promotion to the next grade.

c) Civil servants, public officials, and employees, if they have not yet reached the final grade in the civil servant or employee ranks of types B and C of Scales 2 and 3 and the administrative and auxiliary staff ranks classified according to Scale 4 as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004, of the Government, then after two years (twenty-four months) of holding a grade in their rank, they will be eligible for promotion to the next grade.

1.2. Cases included in the time period for regular promotion include:

a) The time period during which civil servants, public officials, and employees take leave with full pay as prescribed by the State.

b) The time period during which civil servants, public officials, and employees are on sick leave, treatment, or convalescence in Vietnam or abroad, cumulatively up to six months (during the time period in rank or position).

c) The time period during which civil servants, public officials, and employees are dispatched by competent authorities to serve as experts, study, intern, work, or conduct surveys in Vietnam or abroad and remain on the payroll of their agency or organization.

d) The time period spent studying in Vietnam or abroad (including voluntary studies) that was removed from the payroll of the agency or organization, after completing the study and being re-employed by the original agency or organization, the actual study time recorded on the training certificate or diploma will be counted towards the time period for regular promotion; the effective date of the new grade will be calculated from the date of the decision, and the time period for the next promotion will be calculated like other regular promotions.

1 3. Time periods for personal leave without pay; time periods for serving as experts, studying, interning, working, or conducting surveys in Vietnam or abroad exceeding the limit set by the competent authority; time periods for suspension of duties, detention, or imprisonment, and other non-working time periods will not be counted towards the time period for regular promotion.

2. Criteria for Regular Promotion:

Civil servants, public officials, and employees who meet the time period conditions in rank or position as stipulated in Point 1.1 of Section II of this Circular and are assessed to have met the following two criteria throughout the time they held the previous grade will be promoted to the next grade:

2.1. Completing the annual tasks assigned by the agency or organization using their services as prescribed by the agency or organization.

2.2. Not violating discipline through reprimand, warning, demotion, or removal from office during the time they held an elected position.

3. Provisions on extending the time period for promotion for civil servants, public officials, and employees who do not meet the criteria for regular promotion:

Officials, civil servants, and public employees during their tenure in rank or position, if they have been officially notified or decided in writing by the competent authority as failing to complete assigned tasks for the year or being disciplined (one of the forms of reprimand, warning, removal from office, or dismissal), will have their regular pay grade promotion period extended by an additional 12 months compared to the time stipulated in Point 1.1 Section II of this Circular for each year of failure to complete tasks or disciplinary action. If in one year they both fail to complete assigned tasks and are disciplined, the regular pay grade promotion period will also be extended by an additional 12 months compared to the stipulated time.

4. Officials, civil servants, and public employees who have been officially cleared of wrongful charges by the competent authority after being suspended from work, detained, arrested, or disciplined (reprimand, warning, removal from office, or dismissal), and are still evaluated in writing as completing assigned tasks for the year, shall be recalculated for regular pay grade promotion as if they met the criteria specified in this Circular and shall be entitled to backpay and social insurance contributions (including the portion paid by the agency or unit) according to the recalculated pay grades.

III. REGIME OF EARLY PAY GRADE PROMOTION

1. Regime of early pay grade promotion for officials, civil servants, and public employees who achieve outstanding results in performing tasks:

1.1. Officials, civil servants, and public employees who achieve outstanding results recognized in writing by the competent authority in performing tasks, if they have not yet reached the final pay grade in the rank or position and are still short of one to twelve months to qualify for regular pay grade promotion, may be considered for an early pay grade promotion up to a maximum of twelve months earlier than the time stipulated in Point 1.1 Section II of this Circular.

The proportion of officials, civil servants, and public employees (excluding those specified in Point 2 Section III of this Circular) eligible for early pay grade promotion due to outstanding performance in performing tasks in one year shall not exceed five percent of the total number of officials, civil servants, and public employees on the payroll of the agency or unit.

1.2. The consideration for early pay grade promotion for officials, civil servants, and public employees shall be based on the highest outstanding achievements they have attained during their time at the current pay grade, and such promotion shall not be granted more than once during the same pay grade period.

The date of entitlement to the new pay grade due to early promotion shall be calculated from the day when the cumulative months served at the previous pay grade plus the months of early promotion equal the required months for regular pay grade promotion. In cases where the decision date for early promotion is later than the entitlement date for the new pay grade, the official, civil servant, or public employee shall be entitled to backpay and social insurance contributions for the difference in salary between the new and old pay grades from the entitlement date until the decision date.

Example. Mr. Nguyen Van A, a specialist ranked at Grade 3 with a coefficient of 3.00 since April 1, 2002, achieved outstanding results in performing tasks in 2004 and was officially promoted nine months early to Grade 4 with a coefficient of 3.33 on February 1, 2005. The date Mr. A is entitled to the new pay grade (Grade 4) is calculated from July 1, 2004 (the date he was nine months short of regular promotion). Since Mr. A's early promotion decision was made on February 1, 2005 (after the entitlement date of July 1, 2004), he is entitled to backpay and social insurance contributions for the difference in coefficients between Grade 4 and Grade 3 (0.33) from July 2004 to January 2005; his next promotion period will be calculated from July 1, 2004.

1.3. Standards and levels of outstanding achievements in performing tasks and corresponding periods for early pay grade promotion for different levels of achievements by officials, civil servants, and public employees shall be defined by the head of the agency or unit directly managing them in consultation with the Party Committee and the Trade Union Executive Board at the same level. Based on these provisions, those officials, civil servants, and public employees eligible for annual early pay grade promotion through collective selection shall not exceed five percent of the total payroll positions in the agency or unit.

2. Regime of early pay grade promotion for officials, civil servants, and public employees who have received retirement notifications:

Officials, civil servants, and public employees who have not yet reached the final pay grade in the rank or position and have received a retirement notification, if they complete assigned tasks during their tenure without being disciplined (one of the forms of reprimand, warning, removal from office, or dismissal) and are still short of one to twelve months to qualify for regular pay grade promotion at the time of the retirement notification, may be promoted one pay grade early by the number of months remaining.

The issuance of retirement notifications for officials, civil servants, and public employees shall be carried out in accordance with Directive No. 668/TTg dated November 11, 1994, of the Prime Minister on some issues related to the implementation of the retirement regime for officials and public employees.

3. In cases where officials, civil servants, and public employees achieve outstanding results in performing tasks and have received retirement notifications, the most favorable early pay grade promotion regime among the two regimes specified in Points 1 and 2 of Section III of this Circular shall be applied.

IV. IMPLEMENTATION

1. The head of the agency or unit directly managing officials, civil servants, and public employees (at the grassroots level) is responsible for consulting with the Party Committee and the Trade Union Executive Board at the same level to implement:

1.1. Article 1.1. Prescribes standards and levels for outstanding achievements in performing tasks and the corresponding time for early salary grade advancement based on different levels of achievement for cadres, civil servants, and public officials to serve as grounds for considering early salary grade advancement for cadres, civil servants, and public officials within agencies and units. This regulation must be publicly disclosed within the agency or unit and submitted to the direct superior management agency for supervision and inspection during implementation.

1 2 . Decides or proposes the competent authority at the current level to decide on regular salary grade advancement and early salary grade advancement (for outstanding achievements and upon retirement notification) for cadres, civil servants, and public officials within the payroll establishment of the agency or unit.

In cases of early salary grade advancement due to outstanding achievements in performing tasks, the decision on salary grade advancement must clearly state the basis for recognition of outstanding achievements by the competent authority (a copy of this Decision is kept with the Decision on early salary grade advancement of the cadre, civil servant, or public official).

1.3. Publicly announce the list of individuals receiving regular salary grade advancement and early salary grade advancement within the agency or unit.

1.4. Annually, report to the direct superior management agency on the situation and difficulties in implementing the regular salary grade advancement and early salary grade advancement system for cadres, civil servants, and public officials in the agency or unit according to Model No. 1 issued together with this Circular.

2. The head of the direct superior management agency of the grassroots agency or unit is responsible for:

Inspecting the implementation of the regular salary grade advancement and early salary grade advancement system in grassroots agencies and units under its management; resolving difficulties within the authority at the grassroots agencies and units and compiling reports to the Ministry, central sector (if under central management), provincial People's Committee (if under local management) on the results of implementing the regular salary grade advancement and early salary grade advancement system in all grassroots agencies and units under its management according to Model No. 1 issued together with this Circular.

3. The Minister, Head of a ministry-level agency, Head of a government agency, President of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Chairman of the Provincial People's Committee directly under the Central Government are responsible for:

3.1. Inspecting and resolving difficulties in implementing the regular salary grade advancement and early salary grade advancement system in ministries, sectors, and localities; ensuring that the annual ratio of cadres, civil servants, and public officials receiving early salary grade advancement due to outstanding achievements in performing tasks does not exceed 5% of the total number of cadres, civil servants, and public officials under their management.

3.2. Deciding or delegating authority to decide on regular salary grade advancement and early salary grade advancement for cadres, civil servants, and public officials under their management.

3.3. Submitting a written proposal to the Ministry of Home Affairs for unified opinion before signing the Decision on early salary grade advancement for outstanding achievements in performing tasks (accompanied by a copy of the most recent salary assignment decision and a copy of the Decision recognizing outstanding achievements by the competent authority) and upon retirement notification (accompanied by a copy of the most recent salary assignment decision and a copy of the retirement notification) for positions assigned to the senior specialist rank and equivalent type A3 within the payroll establishment of ministries, sectors, and localities. The decision on regular salary grade advancement and early salary grade advancement for positions managed by the Politburo, the Secretariat of the Central Committee, the Standing Committee of the National Assembly, and senior experts shall be implemented according to the current delegation.

3.4. Annually in December, compiling and reporting to the Ministry of Home Affairs on the results of implementing regular salary grade advancement and early salary grade advancement for cadres, civil servants, and public officials assigned to the senior specialist rank and equivalent type A3 according to Model No. 2 issued together with this Circular.

4. The Director of the Vietnam Social Security instructs the Social Security of provinces and centrally governed cities to implement social insurance collection and benefit calculation for cadres, civil servants, and public officials in accordance with the regular salary grade advancement and early salary grade advancement regulations stipulated in this Circular. If irregularities in regular salary grade advancement and early salary grade advancement are discovered, the Director of the Social Security of provinces and centrally governed cities will issue a written request for the authorized management body to re-implement according to the prescribed regulations, then proceed to resolve social insurance benefits for eligible recipients (also sending one copy to the Ministry of Home Affairs for monitoring and inspection).

5. The Ministry of Home Affairs supervises the implementation of the regular salary grade advancement and early salary grade advancement system in ministries, sectors, and localities; and requires ministries, sectors, and localities to revoke decisions on regular salary grade advancement and early salary grade advancement for cadres, civil servants, and public officials that violate the provisions of this Circular.

V. EFFECTIVE DATE

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

Abolishes guiding documents for implementing Decree No. 25/CP dated May 23, 1993 of the Government on the salary grade advancement system for cadres, civil servants, and public officials working in state agencies and state-affiliated public institutions.

2. The regular salary grade advancement and early salary grade advancement system for cadres, civil servants, and public officials guided in this Circular shall take effect from October 1, 2004.

3. Workers under fluctuating term contracts in state agencies and state-owned public institutions who have been classified with salary grades according to civil servant and public official ranks but have not yet reached the highest grade in their current rank shall be subject to the regular promotion and early promotion of salary grades as provided for in this Circular. Those workers under labor contracts who are eligible for early promotion due to outstanding achievements shall be included in the total number not exceeding 5% of the personnel on the payroll of the agency or unit (including both those within the establishment quota and those under labor contracts).

4. Military personnel and cryptographic staff in cryptographic organizations shall follow separate guidelines.

5. Party cadres, civil servants, and public officials working in agencies and public institutions of the Party, the People's Front, and mass organizations shall implement regular promotion and early promotion of salary grades as directed by the Central Organization Committee.

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