Joint Circular No. 04/2005/TTLT/TANDTC-BNV-BTC guides the implementation of Decision No. 171/2005/QD-TTg regarding the allowance system for responsibility for Judges, Court Secretaries, and Appellate Reviewers in the judiciary sector.

JOINT CIRCULAR

Guidelines for implementing Decision No. 171/2005/QĐ-TTg dated July 8, 2005 issuedof the Prime Minister regarding the allowance system for responsibility forJudges, Court Secretaries, and Appellate Reviewers in the Judiciary

Pursuant to Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the salary scale for positions and position allowances for state leaders; the specialized salary scale for the judiciary and prosecution sectors;

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 Decision No. 171/2005/QĐ-TTg dated July 8, 2005 of the Prime Minister regarding the allowance system for responsibility for Judges, Court Secretaries, and Appellate Reviewers in the judiciary,

To uniformly implement the allowance system for responsibility for Judges, Court Secretaries, and Appellate Reviewers in the judiciary, the Supreme People's Court, the Ministry of Home Affairs, and the Ministry of Finance provide guidance as follows:

I. OBJECTS AND SCOPE OF APPLICATION

CONDITIONS FOR RECEIVING RESPONSIBILITY ALLOWANCE

1. OBJECTS AND SCOPE OF APPLICATION

Objects and scope of application The objects receiving responsibility allowance according to profession in the judiciary include Judges, Court Secretaries, and Appellate Reviewers who are currently receiving salaries as stipulated in Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the salary scale for positions and position allowances for state leaders; the specialized salary scale for the judiciary and prosecution sectors, specifically:

a) Chief Justice of the Supreme People's Court;

b) Judges of the Supreme People's Court, Judges of the People's Court of provinces and centrally governed cities, Judges of the People's Court of districts, urban districts, towns, and provincial cities;

c) Court Secretaries at all levels;

d) Senior Appellate Reviewers, Principal Appellate Reviewers, and Appellate Reviewers.

2. Conditions for receiving responsibility allowance

Those individuals falling within the objects entitled to receive responsibility allowance as specified in Point 1, Section I of this Circular are those appointed by competent authorities in accordance with the law. In cases where appointment was made before October 1, 2004, they shall receive responsibility allowance as stipulated in this Circular from October 1, 2004. In cases where appointment was made on or after October 1, 2004, they shall receive responsibility allowance as stipulated in this Circular from the date of appointment.

II. LEVELS OF RESPONSIBILITY ALLOWANCE

Responsibility allowance levels are implemented based on the principle that the person appointed to a specific position shall receive the allowance level prescribed for that position, specifically:

1. The Chief Justice of the Supreme People's Court and Judges of the Supreme People's Court shall receive a responsibility allowance equal to 20% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

2. Judges of the People's Court of provinces and centrally governed cities shall receive a responsibility allowance equal to 25% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

3. Judges of the People's Court of districts, urban districts, towns, and provincial cities shall receive a responsibility allowance equal to 30% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

4. Court Secretaries at all levels shall receive a responsibility allowance equal to 20% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

5. Senior Appellate Reviewers shall receive a responsibility allowance equal to 15% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

6. Principal Appellate Reviewers shall receive a responsibility allowance equal to 20% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

7. Appellate Reviewers shall receive a responsibility allowance equal to 25% of their current salary plus leadership position allowance and seniority allowance exceeding the standard range (if applicable).

For cases where a Judge of a lower-level People's Court is appointed as a Judge of a higher-level People's Court and the total salary plus responsibility allowance of the new position is lower than the previous position, the difference between the total salary and responsibility allowance of the new position compared to the previous position will be retained until the next salary increment. This provision also applies to cases where an Appellate Reviewer is appointed as a Principal Appellate Reviewer, and a Principal Appellate Reviewer is appointed as a Senior Appellate Reviewer.

Example: Mr. Nguyen Van A, a Judge of a district-level People's Court, has been receiving a coefficient salary of 4.32, grade 7 of the Judge position at the district level, with the next salary increment period starting from January 1, 2003, and receiving a 30% responsibility allowance. The total salary and responsibility allowance of Mr. A when he was a Judge of a district-level People's Court is:

(4.32 + 4.32 x 30%) x 350,000 VND = 1,965,600 VND/month

On January 1, 2005, Mr. A was appointed as a Judge of a provincial-level People's Court, assigned a coefficient salary of 4.40, grade 1 of the Judge position at the provincial level, with the next salary increment period starting from January 1, 2003, and receiving a 25% responsibility allowance. The total salary and responsibility allowance of Mr. A when he was a Judge of a provincial-level People's Court is:

(4.40 + 4.40 x 25%) x 350,000 VND = 1,925,000 VND/month

Since the total salary and responsibility allowance of Mr. A when appointed as a Judge of a provincial-level People's Court is lower than his total salary and responsibility allowance when he was a Judge of a district-level People's Court by 40,600 VND/month (1,965,600 VND - 1,925,000 VND), Mr. A will receive a retention allowance of 40,600 VND/month from January 1, 2005 (the date of his appointment as a Judge of a provincial-level People's Court) until he receives a salary increment to coefficient salary 4.74, grade 2 of the Judge position at the provincial level.

III. SOURCE OF FUNDS AND METHOD OF PAYMENT

1. Funding sources

For the years 2004 and 2005, the funding for the responsibility allowance system for the Chief Justice of the Supreme People's Court, Judges, Court Secretaries, and Appraisers in the judiciary sector shall be implemented according to the provisions set forth in Circular No. 02/2005/TT-BTC dated January 6, 2005, issued by the Ministry of Finance on guiding the determination of needs, sources, and methods for implementing salary reform for civil servants, public officials, and armed forces personnel.

From 2006 onwards, the funding for the responsibility allowance system for the Chief Justice of the Supreme People's Court, Judges, Court Secretaries, and Appraisers in the judiciary sector shall be allocated in the annual budget estimate of the judiciary sector.

2. Method of Payment

a) The responsibility allowance for the Chief Justice of the Supreme People's Court, Judges, and Court Secretaries and Appraisers who are on the payroll of which court shall be paid by that court;

b) The responsibility allowance shall be calculated and paid concurrently with monthly salaries and settled according to the current laws governing financial management systems;

c) The level of responsibility allowance prescribed in this Circular shall not be used to calculate contributions or benefits under social insurance regulations.

3. Management and Settlement of Funds

The management, allocation, accounting, and settlement of funds for the responsibility allowance system for the Chief Justice of the Supreme People's Court, Judges, Court Secretaries, and Appraisers shall follow the current financial management system and be recorded under item 102, sub-item 08 corresponding to the relevant chapters, types, and sections of the state budget.

IV. EFFECTIVE DATE OF IMPLEMENTATION

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

2. Abolish the provisions regarding the implementation of the supplementary allowance system for Judges and Court Secretaries at all levels as stipulated in Joint Circular No. 05/2001/TTLT-BTP-BTCCBCP-BTC-BCA dated March 28, 2001, issued by the Ministry of Justice, the Civil Service Affairs Committee of the Government (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Public Security guiding the supplementary allowance system for certain judicial positions.

3. The responsibility allowance system for Judges, Court Secretaries, and Appraisers as guided in this Circular shall take effect from October 1, 2004. Any difficulties encountered during implementation should be reported to the Supreme People's Court, the Ministry of Home Affairs, and the Ministry of Finance for study and resolution.

Any difficulties encountered during implementation should be reported to the Supreme People's Court, the Ministry of Home Affairs, and the Ministry of Finance for study and resolution.