Circular No. 05/2016/TT-BNV guiding the implementation of the basic salary for subjects 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 basic salary for individuals receiving salaries and allowances in public institutions under the Party, State, political-social organizations, and social organizations

  Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

  Pursuant to Clause 1, Article 6 of Decree No. 47/2016/NĐ-CP dated May 26, 2016 of the Government stipulating the basic salary for cadres, civil servants, public officials, and armed forces;June 2024;officers, civil servants, public officials and armed forces;

  The Minister of Home Affairs issues this Circular to guide the implementation of the basic salaryớn dFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSforNo.the following subjects receiving salaries and allowances in public institutions under the Party, State, political-social organizations, and social organizations.No.1. Cadres and civil servants receiving salaries from the state budget working in central-level Party, State, and political-social organizations; at provincial-level direct under the Central Government; at district-level, urban district-level, town-level, and city-level under provinces and provincial-level direct under the Central Government; and at special administrative-economic units."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."3. Cadres, civil servants, and public officials dispatched or detailed to work in associations, non-governmental organizations, projects, and international agencies located in Vietnam according to the decision of the competent authority.

Article 1. Scope of application

4. Cadres and civil servants at commune, ward, town levels and those who engage in non-professional activities at commune level, village, and residential quarter as prescribed in Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the positions, number, and some policies for cadres, civil servants at commune, ward, town levels and those who engage in non-professional activities at commune level (amended and supplemented by Decree No. 29/2013/NĐ-CP dated April 8, 2013 of the Government).

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.

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

a) Cadres, civil servants, and public officials studying, training, working, treating, and recuperating both domestically and abroad listed in the payroll of Party, State, political-social organizations, public institutions, and associations supported by the state budget;

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

6. Personnel working in confidential organizations.

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

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

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

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

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

Article 2. Interpretation of Terms

Based on the current salary grade and allowance stipulated in the relevant documents of the competent authorities of the Party and State regarding salary regulations for cadres, civil servants, public officials, and armed forces, the basic salary stipulated in Decree No. 47/2016/NĐ-CP dated May 26, 2016 of the Government on the basic salary for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 47/2016/NĐ-CP) shall be used to calculate the salary, allowance, and amount of the retention coefficient difference (if any) as follows:

Basic salary implemented from May 1, 2016

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, and 4 of Article 1 of this Circular:

Basic salary 1,210,000 VND/month

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 People's Council representatives 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:

2. The salary, allowance (including the retention coefficient difference, if any) and activity fee of the subjects stipulated in Article 1 of this Circular shall be calculated based on the basic salary of 1,210,000 VND/month from May 1, 2016.

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;

For individuals with a salary coefficient of 2.34 or lower who have already received additional salary stipulated in Decree No. 17/2015/NĐ-CP dated February 14, 2015 of the Government, if the total salary according to rank, grade, position, title, and various allowance items (if any) calculated based on the basic salary of 1,210,000 VND/month in May 2016 is lower than the total salary according to rank, grade, position, title, various allowance items (if any), and additional salary stipulated in Decree No. 17/2015/NĐ-CP calculated based on the basic salary of 1,150,000 VND/month in April 2016, they will receive the difference to equalize the total salary received in April 2016. This differential amount will not be used to calculate social insurance, health insurance, unemployment insurance, and various types of allowance.

Article 4. Effective date

1. This Circular takes effect from August 1, 2016.

2. The salary, allowances (including the coefficient for retained difference, if any) and activity fees of the subjects specified in Article 1 of this Circular shall be calculated based on the minimum wage level of 1,210,000 VND/month from May 1, 2016.

For individuals with a salary coefficient of 2.34 or less who have already received additional salary as prescribed in Decree No. 17/2015/NĐ-CP dated February 14, 2015 of the Government, if the total salary according to rank, grade, position, title, and salary allowances (if any), calculated based on the minimum wage level of 1,210,000 VND/month for May 2016 is lower than the total salary according to rank, grade, position, title, salary allowances (if any), and additional salary under Decree No. 17/2015/NĐ-CP calculated based on the minimum wage level of 1,150,000 VND/month for April 2016, they shall be entitled to the difference to equalize their total salary received in April 2016. This differential amount shall not be used for social insurance, health insurance, unemployment insurance contributions, and other types of salary allowances.

3. Repeal Circular No. 07/2013/TT-BNV dated July 31, 2013, issued by the Ministry of Home Affairs guiding the implementation of the basic salary level for individuals receiving salaries and allowances in state-owned public institutions of the Party, State, political-social organizations, and special-interest associations.

4. The amounts stipulated in the relevant Clauses and the benefits calculated based on the basic salary level shall be recalculated accordingly from May 1, 2016.

Article 5. Responsibilities for Implementation

1. The head of the agency or unit directly managing the individuals receiving salaries, allowances, and operational expenses as specified in Article 1 of this Circular shall base the calculation of the salary levels, allowance levels, retention differential coefficient amounts (if applicable), and operational expenses according to the guidance provided in this Circular on the number of individuals as of May 1, 2016.

2. The determination of needs, sources, and methods of expenditure for implementing the basic salary level pursuant to Decree No. 47/2016/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, please report them to the Ministry of Home Affairs for study and resolution./.