This Circular guides the implementation of regulations for officials and civil servants working on term assignments at Vietnamese agencies abroad according to Decree No. 157/2005/ND-CP. It provides detailed provisions on the minimum living allowance and living cost index for each position, and also guides other benefits such as war allowances, disease allowances, social insurance, and allowances for female officials and spouses.
Đối tượng áp dụng
Officials and civil servants working on term assignments at Vietnamese agencies abroad; Their spouses; Managing and salary-paying agencies.
Các điểm cốt lõi
- Officials and civil servants working on term assignments at Vietnamese agencies abroad shall enjoy a minimum living allowance ranging from 400 to 500 USD per month, depending on the location.
- The living cost index for officials and civil servants is determined based on their rank and salary coefficient in Vietnam.
- Spouses of officials and civil servants with diplomatic ranks from First Secretary and above shall enjoy a minimum living allowance of 180% of the living cost index of a First Secretary.
- During their term assignments at Vietnamese agencies abroad, officials, civil servants, and their spouses shall be reimbursed by the State for housing, electricity, water, fuel, work tools, and essential living expenses.
- Female officials, civil servants, and their spouses shall receive a monthly allowance of 5% of the minimum living allowance at the place of assignment.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring the living standards of officials and civil servants when working abroad through living allowances and subsidies.
- Negative impact: Increased costs for the state budget due to the implementation of these regulations.
❓ Câu hỏi thường gặp
What is the minimum living allowance for officials and civil servants?
The minimum living allowance at Vietnamese agencies abroad includes three levels: 500; 450 and 400 US dollars per person per month.
What is the living allowance for spouses of officials and civil servants?
Spouses of officials and civil servants with diplomatic ranks from First Secretary and above shall enjoy a minimum living allowance of 180% of the living cost index of a First Secretary.
What is the allowance for female officials and their spouses?
Female officials, civil servants, and their spouses shall receive a monthly allowance of 5% of the minimum living allowance at the place of assignment.
What support do officials and civil servants receive during their term assignments?
Officials, civil servants, and their spouses shall be reimbursed by the State for housing, electricity, water, fuel, work tools, and essential living expenses during their term assignments.
When does this Circular take effect?
This Circular takes effect fifteen days after its publication in the Official Gazette. The regulations stipulated in this Circular shall apply from January 1, 2006.
Toàn văn
|
MINISTRY OF FOREIGN AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 05/VBHN-BNG |
Hanoi, October 20, 2014 |
JOINT CIRCULAR
GUIDELINES FOR IMPLEMENTING DECREE NO. 157/2005/NĐ-CP OF THE GOVERNMENT ON CERTAIN REGIMES FOR OFFICERS AND CIVIL SERVANTS WORKING IN A SPECIFIED PERIOD AT VIETNAMESE AGENCIES ABROAD
Joint Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006, of the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government on certain regimes for officers and civil servants working in a specified period at Vietnamese agencies abroad, which took effect from December 10, 2006, has been amended and supplemented by:
Joint Circular No. 01/2010/TTLT-BNG-BNV-BTC-BLDTBXH dated April 27, 2010, of the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs amending and supplementing Joint Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006, of the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government on the minimum living allowance at Vietnamese agencies abroad, which took effect from June 11, 2010; and
Joint Circular No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013, of the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs guiding the implementation of Clause 3, Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012, of the Government amending and supplementing some articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government on certain regimes for officers and civil servants working in a specified period at Vietnamese agencies abroad, which took effect from June 22, 2013.
Pursuant to Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government on certain regimes for officers and civil servants working in a specified period at Vietnamese agencies abroad (hereinafter referred to as Decree No. 157/2005/NĐ-CP), the Ministry of Foreign Affairs, Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs jointly guide the implementation of regimes for officers and civil servants working in a specified period at Vietnamese agencies abroad as follows:1
1. This Circular guides on plans and budgets for national reserve funds; import and export of goods in national reserves; handling losses and damages to goods in national reserves due to deterioration, reduced quality, or loss; establishing, issuing, and implementing economic-technical norms, procedures, and regulations for storing goods in national reserves; signing general contracts, storing goods, warehouse storage, planning the national reserve warehouse system; financial management and budget allocation for national reserves; procedures and steps for exporting national reserves in cash; setting up, managing, and using welfare and incentive funds; protecting state secrets, inspecting, and auditing national reserves.
1. Officers and civil servants working in a specified period at Vietnamese agencies abroad as stipulated in Article 1 of Decree No. 157/2005/NĐ-CP (hereinafter referred to as officers and civil servants) include:
a) Officers and civil servants at Vietnamese representative offices abroad as stipulated in the Ordinance on Vietnamese Representative Offices Abroad dated December 2, 1993;
b) Officers and civil servants at other Vietnamese agencies operating abroad receiving funding from the state budget.
2. Spouses as stipulated in Clause 1, Article 9 of Decree No. 157/2005/NĐ-CP (hereinafter referred to as spouses) include:
a) Spouses of officers and civil servants with diplomatic ranks from First Secretary and above;
b) Spouses of heads of other Vietnamese agencies operating abroad receiving funding from the state budget;
c) Spouses of officers and civil servants enjoying overseas living allowances equivalent to or higher than the living allowance of a First Secretary (180%).
II. LIVING ALLOWANCE REGIME:
1. Principles:
The living allowance regime is uniformly applied to officers and civil servants working in a specified period at Vietnamese agencies abroad. Those holding higher positions enjoy higher living allowance indices.
2. Minimum Living Allowance Level:
a) The minimum living allowance level is established based on the importance of the location, intensity, volume of work, and cost of living in each location, creating conditions for officers and civil servants to focus on their work and complete assigned tasks successfully;
b) The minimum living allowance levels at Vietnamese agencies abroad include three levels: 500, 450, and 400 US dollars per person per month. The list of countries enjoying the minimum living allowance levels is specifically defined in the Table of Minimum Living Allowances at Vietnamese Agencies Abroad attached hereto (Annex I attached), including the retention of the 400 US dollars per person per month level to allow for adjustments when necessary.
3. Living Allowance Index:
a) The living allowance index of officers and civil servants is determined based on standard rank, position, and domestic salary coefficient. The living allowance index is specifically stipulated in the decision dispatching officers and civil servants to work in a specified period issued by the competent authority. The living allowance amount for those entitled to it is calculated based on US dollars, according to the actual number of days present in the host country;
b) Attached hereto are five Tables of Living Allowance Indices (Annex II attached) applicable to the subjects mentioned in Part I of this Circular, specifically as follows:
- Table 1: Applicable to officers and civil servants holding diplomatic positions.
- Table 2: Applicable to officers and civil servants in administrative, public service, Party, and mass organizations sectors.
- Table 3: Applicable to technical specialists in military, security, and police sectors not holding diplomatic positions.
- Table 4: Applicable to technical logistics staff, administrative personnel, and service staff.
- Table 5: Applicable to spouses., 3, 4
4. Source of funds:5
The source of funds for implementing the living allowance regime, additional allowances, subsidies, spouse regimes, and other regimes for officers and civil servants working in a specified period at Vietnamese agencies abroad is allocated in the annual state budget estimate of the managing agency to be distributed to Vietnamese agencies abroad in accordance with the State Budget Law and guiding documents for the implementation of the State Budget Law.
III. OTHER REGIMES:
1. General Regime:
During the period of working in a specified period at Vietnamese agencies abroad, officers, civil servants, and spouses are provided housing, electricity, water, fuel, and essential work and living facilities by the state in accordance with specific regulations and guidelines of the Ministry of Finance.
2. Working Hours and Leave Regime:
a) The working period abroad is three years, i.e., 36 months (including handover time), counted from the date of arrival to take up duties;
b) Working hours per day are eight hours, and a week consists of five working days.
c) Officers and civil servants are entitled to leave during holidays, festivals, and sick leave in accordance with labor laws.
In addition, officials and civil servants are entitled to take time off work and receive their full Salary and Living Expenses (SHP) on official holidays of the host country.
3. War and epidemic allowances:
Officials and civil servants working in areas affected by war or severe epidemics that threaten lives shall be entitled to receive an allowance equivalent to 30% of the minimum SHP applicable in those areas. Based on reports from the Heads of Vietnamese Agencies abroad and considering the actual situation on-site, the Ministry of Foreign Affairs will coordinate with the Ministry of Finance and the Ministry of Home Affairs to examine and decide on the areas and periods during which this allowance is granted or discontinued.
4. Remuneration system:
During their term of service at Vietnamese Agencies abroad, officials and civil servants shall receive 40% of their current salary and leadership position allowances, and seniority allowances exceeding the standard framework (if applicable). Spouses who are officials or civil servants receiving salaries from the state budget during their period of entitlement as spouses at Vietnamese Agencies abroad shall receive 40% of their basic salary currently received in the country.
The management and payment agencies responsible for paying salaries before officials and civil servants go abroad shall be responsible for implementing the payment of the aforementioned remuneration.
5. Social insurance regime:
a) During their term of service at Vietnamese Agencies abroad, officials and civil servants falling under the provisions of Clause 1, Section I of this Circular shall continue to contribute to social insurance to enjoy retirement and death benefits as when working in the country according to Vietnam's laws on social insurance.
The agencies managing officials and civil servants before they go abroad shall be responsible each month for contributing to the social insurance fund for retirement and death benefits, while deducting from the salaries of officials and civil servants to contribute simultaneously to the social insurance fund.
b) Spouses falling under the provisions of Clause 2, Section I of this Circular shall implement contributions to social insurance during their stay abroad for retirement and death benefits as follows:
- Spouses who are officials or civil servants receiving salaries from the state budget shall continue to contribute to social insurance as stipulated in point (a) above.
- Spouses who are not state officials but have previously participated in mandatory social insurance before going abroad shall contribute at the total rate of social insurance for employees and employers for retirement and death benefits based on the salary level contributed to social insurance before going abroad.
The agencies managing officials and civil servants with spouses falling under this category shall be responsible each month for collecting the social insurance contributions of spouses to pay into the social insurance fund.
6. Allowances for female officials and civil servants and their spouses:
Female officials and civil servants and their spouses shall receive a monthly allowance of 5% of the minimum SHP at the place of work.
IV. IMPLEMENTATION ORGANIZATION: 6,7
1. This Circular takes effect 15 days after its publication in the Official Gazette. Decisions 22/2001/TTLT-BTCCBCP-BTC dated May 9, 2001, jointly issued by the Ministry of Finance and the Government Organizational and Cadre Affairs Committee, guiding the adjustment of the living expense index for officials and civil servants working at Vietnamese representative offices abroad, and Decision 41/TT/LB dated July 1, 1997, jointly issued by the Ministry of Finance and the Ministry of Foreign Affairs, guiding the implementation of Article 1-2 of Section V of Decree 105/CP dated June 22, 1965 of the Council of Ministers (now the Government) regarding the treatment of spouses of diplomats sent on long-term assignments abroad, are hereby repealed.
2. The provisions set forth in this Circular shall apply from January 1, 2006.
3. Ministries and sectors with Vietnamese Agencies abroad shall be responsible for directing units under their jurisdiction to implement this Circular.
4. In the course of implementation, if there are any difficulties, ministries, sectors, and Vietnamese Agencies abroad shall submit written requests to the Ministry of Foreign Affairs for discussion and coordination with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs to consider and decide.
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CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER |
Appendix 1:
8MINIMUM LIVING EXPENSES TABLE
AT VIETNAMESE AGENCIES ABROAD
(Annexed to Joint Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006)
|
Serial Number |
500 USD |
450 USD |
400 USD |
|
01 |
China (Beijing) |
|
|
|
02 |
Laos (Vientiane) |
|
|
|
03 |
Cambodia (Phnom Penh) |
|
|
|
04 |
Russian Federation |
|
|
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05 |
ASEAN |
|
|
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06 |
Switzerland |
|
|
|
07 |
Austria |
|
|
|
08 |
Belgium |
|
|
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09 |
France |
|
|
|
10 |
Canada |
|
|
|
11 |
France |
|
|
|
12 |
Netherlands |
|
|
|
13 |
Ethiopia |
|
|
|
14 |
Italy |
|
|
|
15 |
Sweden |
|
|
|
16 |
Denmark |
|
|
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17 |
Finland |
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18 |
Australia (Canberra) |
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|
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19 |
Australia (Sydney) |
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20 |
Spain |
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21 |
New Zealand |
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22 |
United States (Washington) |
|
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23 |
United States (New York) |
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|
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24 |
Cuba |
|
|
|
25 |
One round-trip airfare ticket. |
|
|
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26 |
One round-trip airfare ticket and one month's salary. |
|
|
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27 |
India (New Delhi) |
|
|
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28 |
Myanmar |
|
|
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29 |
Indonesia |
|
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30 |
Philippines |
|
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31 |
Iraq |
|
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32 |
Iran |
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|
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33 |
Bangladesh |
|
|
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34 |
France |
|
|
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35 |
Soviet Union |
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36 |
Venezuela |
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37 |
Malaysia |
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38 |
Democratic People's Republic of Korea |
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39 |
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United States (San Francisco) |
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40 |
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Hong Kong |
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41 |
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China (Guangzhou) |
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42 |
|
China (Nanning) |
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43 |
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China (Kunming) |
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44 |
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Laos (Pakse) |
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45 |
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Laos (Vientiane) |
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46 |
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Laos (Savannakhet) |
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47 |
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Cambodia (Battambang) |
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|
48 |
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Cambodia (Koh Pong Som) |
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49 |
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Thailand (Bangkok) |
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50 |
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Khon Kaen (Thailand) |
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51 |
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Malaysia |
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52 |
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Brunei |
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53 |
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India (Mumbai) |
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54 |
|
150 Beach Road #21-00 Gateway West, Singapore 189720 |
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55 |
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APEC Vietnam (Singapore) |
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56 |
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Ukraine |
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57 |
|
Belarus |
|
|
58 |
|
Check |
|
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59 |
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Hungary |
|
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60 |
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North Korea |
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61 |
|
Sierra Leone |
|
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62 |
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Turkey |
|
|
63 |
|
Poland |
|
|
64 |
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Uzbekistan |
|
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65 |
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Angola |
|
|
66 |
|
Afghanistan |
|
|
67 |
|
Dubai |
|
|
68 |
|
Coetzeeland |
|
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69 |
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Lebanon |
|
|
70 |
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Saudi Arabia |
|
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71 |
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Mexico |
|
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72 |
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Argentina |
|
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73 |
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Brazil |
|
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74 |
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Chile |
|
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75 |
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Panama |
|
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76 |
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Nigeria |
|
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77 |
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South Africa |
|
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78 |
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Morocco |
|
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79 |
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Angola |
|
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80 |
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Sweden |
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81 |
Kazakhstan |
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82 |
Qatar |
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83 |
Israel |
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84 |
Mozambique |
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85 |
Norway |
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86 |
Russian Federation (Yekaterinburg) |
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87 |
Japan (Fukuoka) |
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88 |
United States (Houston) |
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89 |
ASEAN Vietnam (Indonesia) |
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Specifications for rescue and emergency response command bands
TABLES OF MINIMUM LIVING EXPENSES
FOR OFFICIALS AND CIVIL SERVANTS WORKING AT OVERSEAS MISSIONS
(Annexed to Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006 issued by the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs)
TABLE 1. DIPLOMATIC POSTS STAFF
|
Diplomatic Position |
Level I |
Level II |
Level III |
Level IV |
Level V |
|
Ambassador: - Living Allowance Index Abroad - Domestic Salary Coefficient |
238%
|
250%
|
|
|
|
|
Consul General: - Living Allowance Index Abroad - Domestic Salary Coefficient |
226%
|
236%
|
|
|
|
|
Deputy Consul General, Deputy Consul: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
Military Attaché: - Living Allowance Index Abroad - Domestic Salary Coefficient |
206%
|
214%
|
224%
|
|
|
|
Deputy Military Attaché: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
Counselor, Deputy Consul: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
First Secretary: - Living Allowance Index Abroad - Domestic Salary Coefficient |
180%
|
188%
|
|
|
|
|
Second Secretary: - Living Allowance Index Abroad - Domestic Salary Coefficient |
172%
3.33 or more |
|
|
|
|
|
Third Secretary: - Living Allowance Index Abroad - Domestic Salary Coefficient |
164%
|
|
|
|
|
|
Consul: - Living Allowance Index Abroad - Domestic Salary Coefficient |
164%
|
172%
|
180%
|
188%
|
|
|
Deputy Consular Officer: - Living Allowance Index Abroad - Domestic Salary Coefficient |
156%
|
164%
|
172%
|
|
|
|
Commercial Attaché: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
180%
|
188%
|
|
Attaché, Consular Attaché: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
TABLE 2. STAFF IN ADMINISTRATIVE, PARTY, AND ASSOCIATION SECTORS:
|
Position |
Level I |
Level II |
Level III |
Level IV |
Level V |
Grade VI |
Grade VII |
Grade VIII |
|
Head of Office not holding diplomatic posts: - Living Allowance Index Abroad - Domestic Salary Coefficient |
180%
|
188%
|
196%
|
204%
|
212%
|
220%
|
|
|
|
Professional staff in administrative, public service, party, and association sectors (with university degree or higher): - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
|
|
- PCTNVK: Seniority allowance exceeding the ceiling
TABLE 3. MILITARY AND POLICE PERSONNEL NOT HOLDING DIPLOMATIC POSTS:
|
Position |
Level I |
Level II |
Level III |
Level IV |
Level V |
Grade VI |
Grade VII |
Grade VIII |
|
Military and Police Officers, Non-Diplomatic Military Personnel: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
|
|
TABLE 4. TECHNICAL SUPPORT STAFF AND ADMINISTRATIVE AUXILIARY STAFF:
|
Position |
Level I |
Level II |
Level III |
Level IV |
Level V |
Grade VI |
|
Confidential Staff: - Living Allowance Index Abroad - Domestic Salary Coefficient |
140%
|
146%
|
152%
|
158%
|
164%
|
170%
|
|
Administrative and Technical Staff: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
|
Drivers: - Living Allowance Index Abroad - Domestic Salary Coefficient |
134%
|
140%
|
146%
|
152%
|
158%
|
164%
|
|
Messengers, Housekeepers, Security Guards: - Living Allowance Index Abroad - Domestic Salary Coefficient |
|
|
|
|
|
|
- PCTNVK: Seniority allowance exceeding the ceiling
TABLE 5. - SPOUSES 9
1 Circular Joint No. 01/2010/TTLT-BNG-BNV-BTC-BLDTBXH dated April 27, 2010 amending and supplementing Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006 guiding the implementation of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government on minimum living expenses at overseas Vietnamese missions is based on the following:
"Based on Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;
Based on Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working at overseas Vietnamese missions for a term of office (hereinafter referred to as Decree No. 157/2005/NĐ-CP);
Based on Decree No. 131/2007/NĐ-CP dated August 6, 2007 of the Government amending and supplementing Clause 1 and Clause 2 Article 9 of Decree No. 157/2005/NĐ-CP;
The Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs amend and supplement the "Table of Minimum Living Expenses at Overseas Vietnamese Missions" (Annex I) attached to Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006 of the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 157/2005/NĐ-CP (hereinafter referred to as Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH) as follows:"
Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013 guiding the implementation of Clause 3 Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012 of the Government amending and supplementing certain articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working at overseas Vietnamese missions for a term of office is based on the following:
"Based on Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
Based on Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working at overseas Vietnamese missions for a term of office;
Based on Decree No. 48/2012/NĐ-CP dated June 4, 2012 of the Government amending and supplementing certain articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working at overseas Vietnamese missions for a term of office (hereinafter referred to as Decree No. 48/2012/NĐ-CP);
The Minister of Foreign Affairs, the Minister of Home Affairs, the Minister of Finance, and the Minister of Labor, Invalids and Social Affairs issue this Circular Joint guiding the implementation of Clause 3 Article 1 of Decree No. 48/2012/NĐ-CP as follows:"
2 This table is abolished according to paragraph b) Clause 3 Article 4 of Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013 guiding the implementation of Clause 3 Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012 of the Government amending and supplementing certain articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working at overseas Vietnamese missions for a term of office, effective from June 22, 2013.
3 Article 1 of Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013 guiding the implementation of Clause 3 Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012 of the Government amending and supplementing certain articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working at overseas Vietnamese missions for a term of office, effective from June 22, 2013, provides as follows:
“Article 1. Living expenses regime for spouses accompanying officials and civil servants on term assignments at Vietnamese agencies abroad.
Spouses accompanying officials and civil servants on term assignments at Vietnamese agencies abroad shall enjoy the living expense level prescribed in Clause 3, Article 1 of Decree No. 48/2012/NĐ-CP, specifically as follows:
1. Spouses of Ambassadors shall enjoy a living expense index of 125%.
2. Spouses of Chargés d'Affaires, Deputy Chiefs of Mission, Attachés, Military Attaches, Deputy Military Attaches, Consuls General, Deputy Consuls General, and heads of Vietnamese agencies abroad not holding diplomatic positions shall enjoy a living expense index of 110%.
3. Spouses of First Secretaries, Second Secretaries, Third Secretaries, Attachés, Consuls, Deputy Consuls, and spouses of technical and professional officials not holding diplomatic or consular positions but enjoying a living expense index equivalent to 80%.
4. Spouses of clerical staff, administrative personnel, technical staff, drivers, messengers, and security guards shall enjoy a living expense index of 60%.”
Article 2 of Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013 guiding the implementation of Clause 3, Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012 of the Government amending and supplementing certain provisions of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regimes for officials and civil servants on term assignments at Vietnamese agencies abroad, effective from June 22, 2013, is hereby prescribed as follows:
Article 2. Living expense regime for spouses unable to accompany officials and civil servants on term assignments at Vietnamese agencies abroad due to difficult family circumstances or difficult and dangerous areas.
“Article 2. Living expense regime for spouses unable to accompany officials and civil servants on term assignments at Vietnamese agencies abroad due to difficult family circumstances or difficult and dangerous areas.
1. Spouses unable to accompany officials and civil servants on term assignments at Vietnamese agencies abroad due to difficult family circumstances or difficult and dangerous areas shall enjoy 50% of the living expense level prescribed in Article 1 of this Circular Joint.
2. Factors for assessing difficult family circumstances or difficult and dangerous areas as mentioned in Clause 1 of this Article include:
a) Difficult family circumstances are determined based on one of the following factors:
- The spouse or child is ill or suffering from a disease.
- The spouse has a parent over 70 years old who is ill, suffering from a disease, or needs care.
- The spouse is working at an agency or unit under the armed forces or undertaking work related to state secrets and cannot accompany officials and civil servants on term assignments at Vietnamese agencies abroad.
- Unable to arrange education for children under 18 years old.
b) Difficult and dangerous areas are determined based on one of the following factors:
- Occurrence of war, armed conflict, or violence.
- Political and security instability.
- Harsh environmental and climatic conditions affecting health or serious natural disasters and epidemics threatening lives.
The Minister of Foreign Affairs decides the list of difficult and dangerous areas.
3. Time of enjoyment:
a) For spouses unable to accompany due to difficult family circumstances or difficult and dangerous areas: The time of enjoying the living expense level is calculated from the date when the competent ministry or sector of the Vietnamese agency abroad issues a decision after the spouse has completed the required documentation as stipulated in Clause 4 of this Article.
b) For spouses currently accompanying officials and civil servants on term assignments at Vietnamese agencies abroad and must return home due to difficult family circumstances: The time of enjoying the living expense level is calculated from the date when the competent ministry or sector of the Vietnamese agency abroad issues a decision after the spouse has completed the required documentation as stipulated in Clause 4 of this Article.
c) For spouses currently accompanying officials and civil servants on term assignments at Vietnamese agencies abroad and must return home due to difficult and dangerous areas: The time of enjoying the living expense level is calculated from the date of entry into Vietnam.
4. Application Documents:
a) For cases unable to accompany due to difficult family circumstances include:
- A request for non-accompanyment allowance (attached form).
- A certified copy of the marriage registration certificate.
In cases where parents are over 70 years old and need care: confirmation from the agency or unit where the official or civil servant works or from the local authority where they reside is required.
In cases of illness or disease: confirmation from a medical facility or a certified copy of the medical records from a district-level or higher medical facility is required.
In cases of employment at an agency or unit under the armed forces or undertaking work related to state secrets: confirmation from the agency or unit where the official or civil servant works is required.
In cases where education for children cannot be arranged: confirmation from the school where the child is studying is required.
b) For cases unable to accompany due to difficult and dangerous areas include:
- A request for non-accompanyment allowance.
- A certified copy of the marriage registration certificate.
5. Procedure for Resolution:
a) Officials and civil servants on term assignments at Vietnamese agencies abroad with spouses unable to accompany shall submit the application documents prescribed in Clause 4 of this Article to the Department (Board) of Cadre and Civil Service Management of their competent ministry or sector before going on the term assignment.
b) The Department (Board) of Cadre and Civil Service Management of the ministries and sectors responsible for officials and civil servants shall be responsible for receiving and reviewing the application documents.
For spouses of officials and civil servants on term assignments at Vietnamese representative agencies abroad, the Ministry of Foreign Affairs shall issue a decision based on the reviewed application documents.
For spouses of officials and civil servants on term assignments at other Vietnamese agencies abroad, the head of the competent ministry or sector shall issue a decision based on the reviewed application documents of the Department (Board) of Cadre and Civil Service Management.
For the spouse of officials and civil servants serving a term at other Vietnamese agencies abroad, the head of the ministry or sector in charge shall issue a decision based on the appraisal file of the Department (Board) of Organization and Cadres.
c) Within ten working days from the date of receiving complete files in accordance with Clause 4 of this Article, the competent ministry or agency of Vietnam's overseas offices shall issue a decision on the allowance for living expenses for spouses who cannot accompany according to Clause 1 of this Article. In cases where the conditions for enjoying the allowance for living expenses as stipulated in Clause 1 of this Article are not met, the competent ministry or agency of Vietnam's overseas offices shall respond in writing to the spouses.
Point 5 was added pursuant to Article 3 of Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013, guiding the implementation of Clause 3 of Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012, of the Government amending and supplementing certain provisions of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government regarding some benefits for officials and civil servants serving terms at Vietnam's overseas offices, which took effect from June 22, 2013.
Point 6 of Circular Joint No. 01/2010/TTLT-BNG-BNV-BTC-BLDTBXH dated April 27, 2010, amending and supplementing Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006, of the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government on the minimum living expense at Vietnam's overseas offices, which took effect from June 11, 2010, is as follows:
“Article 2. Effective Date.
This joint circular takes effect forty-five days from the date of signature.
The living expense allowance prescribed in Article 1 of this joint circular shall be calculated from the date when the Vietnam's overseas office begins operations according to the decision of the competent authority.
During the implementation process, if there are any difficulties, the ministries, sectors, and Vietnam's overseas offices shall submit written requests to the Ministry of Foreign Affairs for discussion and agreement with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs to consider and decide.
Point 7 of Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013, guiding the implementation of Clause 3 of Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012, of the Government amending and supplementing certain provisions of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government regarding some benefits for officials and civil servants serving terms at Vietnam's overseas offices, which took effect from June 22, 2013, is as follows:
“Article 4. Implementation.
1. This joint circular takes effect from June 22, 2013.
2. The regulations prescribed in this joint circular shall apply from August 1, 2012.
3. Repeal the following documents:
a) Circular Joint No. 02/2007/TTLT-BNG-BNV-BTC-BLDTBXH dated October 30, 2007, of the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 131/2007/NĐ-CP dated August 6, 2007, of the Government amending and supplementing Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government regarding some benefits for officials and civil servants serving terms at Vietnam's overseas offices.
b) Table V - Appendix II of Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006, of the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs (guiding the content of the living expense allowance for spouses as stipulated in Clause 2 of Article 9 of Decree No. 157/2005/NĐ-CP).
4. The competent ministries and agencies managing Vietnam's overseas offices shall be responsible for guiding and directing units under their management to implement this joint circular.
5. During the implementation process, if there are any difficulties, the ministries, sectors, and Vietnam's overseas offices shall reflect them to the relevant ministries for consideration and resolution.
Point 8 of this appendix was added pursuant to Article 1 of Circular Joint No. 01/2010/TTLT-BNG-BNV-BTC-BLDTBXH dated April 27, 2010, of the joint circular of the Ministry of Foreign Affairs - the Ministry of Home Affairs - the Ministry of Finance - the Ministry of Labor, Invalids and Social Affairs amending and supplementing Circular Joint No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH dated November 8, 2006, of the joint circular of the Ministry of Foreign Affairs - the Ministry of Home Affairs - the Ministry of Finance - the Ministry of Labor, Invalids and Social Affairs guiding the implementation of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government on the minimum living expense at Vietnam's overseas offices, which took effect from June 11, 2010.
Point 9 of this table was repealed pursuant to Subpoint b of Point 3 of Article 4 of Circular Joint No. 01/2013/TTLT-BNG-BNV-BTC-BLDTBXH dated May 8, 2013, guiding the implementation of Clause 3 of Article 1 of Decree No. 48/2012/NĐ-CP dated June 4, 2012, of the Government amending and supplementing certain provisions of Decree No. 157/2005/NĐ-CP dated December 23, 2005, of the Government regarding some benefits for officials and civil servants serving terms at Vietnam's overseas offices, which took effect from June 22, 2013.
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