Circular No. 04/2019/TT-BNV guiding the implementation of the basic salary for individuals receiving salaries and allowances in state-owned public institutions of the Party, State, political-social organizations, and associations.

CIRCULAR

Guidelines on the implementation of the minimum wage for individuals receiving salaries and allowances in state-owned public institutions of the Party, State, political-social organizations, and associations.

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 Clause 1, Article 6 of the Government's Decree No. 38/2019/NĐ-CP dated May 9, 2019, stipulating the minimum wage for cadres, civil servants, public officials, and armed forces personnel;

At the proposal of the Director of the Salary Department;

The Minister of Home Affairs issues this Circular guiding the implementation of the minimum wage for individuals receiving salaries and allowances in state-owned public institutions of the Party, State, political-social organizations, and associations.

Article 1. Scope of application

1. Cadres and civil servants receiving salaries from the state budget working in central-level Party and State agencies, provincial-level agencies, district-level agencies, town-level agencies, and city-level agencies under provinces and centrally-administered cities; and special administrative-economic zones.

2. Civil servants in leadership and management positions and public officials receiving salaries from the payroll fund of publicly established state organizations in accordance with the law.

3. Cadres, civil servants, and public officials transferred or detailed to work at associations, non-governmental organizations, projects, and international organizations located in Vietnam according to decisions of competent authorities.

4. Cadres and civil servants at commune, ward, and town levels, and those engaged in non-professional activities at commune level and village-level and neighborhood-level organizations as prescribed in the Government's Decree No. 92/2009/NĐ-CP dated October 22, 2009, regarding job titles, number, and certain policies for cadres, civil servants at commune, ward, and town levels and those engaged in non-professional activities at commune level and village-level and neighborhood-level organizations, and the Government's Decree No. 34/2019/NĐ-CP dated April 24, 2019, amending and supplementing certain provisions concerning commune-level cadres and civil servants and those engaged in non-professional activities at commune level and village-level and neighborhood-level organizations.

5. People's Council representatives at all levels receiving activity fees in accordance with current laws.

6. Personnel working in confidential organizations.

7. The following subjects also fall within the scope of application of this Circular when calculating contributions and benefits under social insurance laws and resolving related matters involving salary:

a) Cadres, civil servants, and public officials studying, interning, working, undergoing treatment, or recuperation (domestic and overseas) listed on the payroll of Party, State, political-social organizations, public institutions, and associations supported by the state budget;

b) Individuals in their probationary period or trial period (including probationary period for commune-level civil servants) in Party, State, political-social organizations, public institutions, and associations supported by the state budget;

c) Cadres, civil servants, and public officials currently suspended from duty, detained, or imprisoned;

d) Cases where individuals working in Party, State, political-social organizations, public institutions, and associations supported by the state budget have signed labor contracts based on the salary scale issued together with the Government's Decree No. 204/2004/NĐ-CP dated December 14, 2004, on salary systems for cadres, civil servants, public officials, and armed forces personnel.

Article 2. Interpretation of Terms

1. Political-social organizations referred to in this Circular are those specified in Article 1 of Decision No. 128-QĐ/TW dated December 14, 2004, of the Central Committee Secretariat on salary systems for cadres, civil servants, public officials, and organizations of the Party, the People's Front, and mass organizations.

2. Associations supported by the state budget referred to in this Circular are those specified in Article 33 of the Government's Decree No. 45/2010/NĐ-CP dated April 21, 2010, on organization, operation, and management of associations, and Decision No. 68/2010/QĐ-TTg dated November 1, 2010,

3. Organizations, units, and associations as defined in this Circular are collectively referred to as organizations and units.

Article 3. Calculation of Salary Levels, Allowances, and Activity Fees

1. For cadres, civil servants, public officials, and workers specified in Clauses 1, 2, 3, 4, and 7 of Article 1 of this Circular:

Based on the current salary coefficient and allowance stipulated in the relevant documents of authorized agencies of the Party and State on salary systems for cadres, civil servants, public officials, and armed forces personnel, the minimum wage stipulated in the Government's Decree No. 38/2019/NĐ-CP dated May 9, 2019, on the minimum wage for cadres, civil servants, public officials, and armed forces personnel (hereinafter referred to as Decree No. 38/2019/NĐ-CP), the following amounts shall be calculated:

a) Formula for calculating the salary level:

b) Formula for calculating the allowance level:

- For allowances calculated based on the basic wage level:

- For allowances calculated based on the percentage of the current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable):

- For allowances specified in specific monetary amounts, maintain them according to the current regulations.

c) Formula for calculating the amount of the retention differential coefficient (if applicable):

2. For representatives of people's councils at all levels specified in Clause 5 of Article 1 of this Circular:

Based on the activity fee coefficient for representatives of People's Councils at all levels as prescribed by current laws, calculate the activity fee level using the following formula:

3. For those engaged in non-professional activities at commune level, village-level, and neighborhood-level organizations specified in Clause 4 of Article 1 of this Circular:

From July 1, 2019, the allowance fund allocated by the state budget for each commune, each village, and each neighborhood organization specified in Clauses 5 and 6 of Article 2 of the Government's Decree No. 34/2019/NĐ-CP dated April 24, 2019, shall be calculated based on the minimum wage of 1,490,000 VND/month. The specific allowance for these subjects shall be implemented according to the provisions of Clauses 5 and 6 of Article 2 of Decree No. 34/2019/NĐ-CP.

4. For personnel working in confidential organizations specified in Clause 6 of Article 1 of this Circular:

a) Personnel working in confidential organizations under the management of the Ministry of National Defense and the Ministry of Public Security shall follow the guidance of the Minister of National Defense and the Minister of Public Security;

b) Individuals working in confidential organizations in Party, State, political-social organizations (excluding those under the management of the Ministry of National Defense and the Ministry of Public Security) shall calculate their salary, allowance, and retention coefficient amount (if applicable) according to the calculation method stipulated in Clause 1 of Article 3 of this Circular.

Article 4. Effective date

1. This Circular takes effect from July 15, 2019.

2. The salary, allowance (including retention coefficient, if applicable), and activity fee of the subjects specified in Article 1 of this Circular shall be calculated based on the minimum wage of 1,490,000 VND/month from July 1, 2019.

3. This Circular replaces Circular No. 06/2018/TT-BNV dated May 31, 2018, of the Ministry of Home Affairs guiding the implementation of the minimum wage for individuals receiving salaries and allowances in state-owned public institutions of the Party, State, political-social organizations, and associations.

4. Deductions and benefits calculated based on the minimum wage shall be recalculated accordingly from July 1, 2019.

Article 5. Responsibilities for Implementation

1. The head of the agency or unit directly managing the subjects receiving salaries, allowances, and activity fees as prescribed in Article 1 of this Circular shall base the calculation of salary levels, allowance levels, the amount of the retention coefficient difference (if any), and activity fees on the number of subjects as of July 1, 2019, following the guidance provided in this Circular.

2. The determination of requirements, sources, and methods of expenditure for implementing the basic salary level according to Decree No. 38/2019/NĐ-CP shall be carried out in accordance with the guidance of the Minister of Finance. During the implementation process, if there are any difficulties, the relevant ministries, sectors, and localities are requested to report to the Ministry of Home Affairs for study and resolution.

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