Circular No. 03/2021/TT-BNV Amending and Supplementing the Regular Promotion Pay Increase System, Early Promotion Pay Increase System, and Seniority Allowance Over the Ceiling for Civil Servants, Public Officials, and Employees

       CIRCULAR

Amending and supplementing the regular salary increment system, early salary increment system, and the system of seniority allowances exceeding the ceiling for civil servants, public officials, civil servants, and employees
before the term and the regime of seniority allowances exceeding the ceiling for
civil servants, public officials, civil servants on contract, and workers

Pursuant to the Civil Servants Law dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law amending and supplementing certain articles of the Civil Servants Law and the Civil Servant Law dated November 25, 2019;

Pursuant to Decree No. 34/2017/NĐ-CP dated April 3, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, civil servants, and armed forces;

Pursuant to Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants;

Pursuant to Decree No. 138/2020/NĐ-CP dated November 27, 2020 of the Government on recruitment, utilization, and management of public officials;

At the proposal of the Director of the Salary Department;

The Minister of Home Affairs issues this Circular amending and supplementing the regular salary increment system, early salary increment system, and the system of seniority allowances exceeding the ceiling for civil servants, public officials, civil servants, and employees.

Article 1. Amending and supplementing some provisions on the regular salary increment system and the early salary increment system for civil servants, public officials, civil servants, and employees in Circular No. 08/2013/TT-BNV dated July 31, 2013 issued by the Minister of Home Affairs

1. Amend Point c Clause 1 Article 1 as follows:

"Those who work under labor contracts in administrative agencies and public service units with agreements in the labor contracts to be classified according to the salary system under Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, civil servants, and armed forces."

2. Supplement Point b Clause 1 Article 2 as follows:

"- The time civil servants, public officials, civil servants, and employees serve in active military service under the Military Service Law."

3. Supplement Point c Clause 1 Article 2 as follows:

"- Probationary period (including cases where they enjoy 100% of the salary level of the civil servant grade, the vocational position probationary civil servant).

- Time when civil servants, public officials, civil servants, and employees desert during the process of performing active military service.

- Probation period for civil servants, public officials, civil servants, and employees sentenced to suspended imprisonment; in cases where the probation period is shorter than the extended regular salary increment period, it shall be calculated based on the extended regular salary increment period.

- Time off duty awaiting retirement age according to current laws."

4. Amend Criterion 1 Point a Clause 2 Article 2 as follows:

"Criterion 1: Being evaluated and ranked by the competent authority at a level from fulfilling duties and responsibilities upwards;"

5. Amend Clause 3 Article 2 as follows:

"During the time holding the current salary grade, if civil servants, public officials, civil servants, and employees have been notified or decided in writing by the competent authority that they have not fulfilled their assigned tasks annually or have been disciplined with any of the forms of reprimand, warning, demotion, or dismissal, then the time for regular salary increment will be extended compared to the time specified in Point a Clause 1 of this Article as follows:

a) Extended by twelve months for the following cases:

- Officials who have been dismissed;

- Civil servants who have been demoted or dismissed;

- Employees and workers who have been dismissed.

b) Extended by six months for the following cases:

- Civil servants, public officials, and employees disciplined with reprimand or warning;

- Employees who have been warned;

- Civil servants, public officials, civil servants, and employees evaluated and ranked by the competent authority at a level of not fulfilling assigned tasks annually; in cases where there are two consecutive years without fulfilling assigned tasks during the time holding the current salary grade, each year not fulfilling assigned tasks will extend six months.

c) Extended by three months for employees who have been reprimanded.

d) In cases where both being evaluated and ranked at a level of not fulfilling assigned tasks and being disciplined, the extended time for regular salary increment is the total of the extended times specified in Points a, b, and c of this Clause.

đ) In cases where being evaluated and ranked at a level of not fulfilling assigned tasks due to disciplinary action (for the same violation), the extended time for regular salary increment is calculated according to the corresponding disciplinary form specified in Points a, b, and c of this Clause.

e) In cases where civil servants, public officials, civil servants, and employees are Party members disciplined by the Party: if there is a decision on administrative disciplinary action, then the extended time for regular salary increment will be implemented according to the corresponding administrative disciplinary form; if there is no decision on administrative disciplinary action, then the extended time for regular salary increment will be implemented according to the corresponding Party disciplinary form corresponding to the administrative disciplinary forms specified in this Clause"

6. Amend Point d Clause 1 Article 3 as follows:

"d) Not implementing two consecutive early salary increments due to outstanding achievements in performing tasks."

7. Amend Point b and Point c Clause 3 Article 4 as follows:

"b) Deciding or delegating the authority to decide on regular salary increments and early salary increments for civil servants, public officials, civil servants, and employees within the management authority (including the Senior Specialist grade and other civil servant grades, vocational positions equivalent to the Senior Specialist grade).

c) The decision on regular salary increments and early salary increments for positions under the management of the Politburo, the Secretariat of the Central Committee of the Communist Party of Vietnam, and the Standing Committee of the National Assembly shall be carried out according to the current delegation."

Article 2. Amend and supplement certain provisions on the seniority allowance regime beyond the framework for cadres, civil servants, and public officials as stipulated in Circular No. 04/2005/TT-BNV dated January 5, 2005, issued by the Minister of Home Affairs.

1. Add Point 1.3 Clause 1 Section I as follows:

"Employees working under labor contracts in administrative agencies and public service units, where the salary grade is determined according to 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 personnel (hereinafter referred to as employees)."

2. Amend Point 1.3 Clause 1 Section III as follows:

Cadres, civil servants, public officials, and employees who fail to complete assigned tasks annually or are disciplined with one of the forms of reprimand, warning, demotion, or dismissal shall have their time for considering eligibility for seniority allowance beyond the framework extended as specified in the cases of extending the time for regular pay grade increase stipulated in Clause 5, Article 1 of this Circular.

3. Add the phrase "and employees" after the phrase "cadres, civil servants, public officials" in the provisions of Circular No. 04/2005/TT-BNV dated January 5, 2005, issued by the Minister of Home Affairs guiding the implementation of the seniority allowance regime beyond the framework for cadres, civil servants, and public officials.

Article 3. Effectiveness and responsibility for implementation

1. This Circular shall take effect from August 15, 2021.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of provincial People's Committees, municipal People's Committees directly under the Central Government, and related organizations and individuals are responsible for implementing this Circular./.