Circular No. 06/2018/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 FOR IMPLEMENTING THE BASIC WAGE LEVEL FOR PERSONNEL RECEIVING SALARIES AND ALLOWANCES IN PUBLICLY ESTABLISHED STATE ORGANIZATIONS, PARTY ORGANIZATIONS, SOCIAL POLITICAL 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 Decree No. 72/2018/NĐ-CP dated May 15, 2018 of the Government on the basic wage level 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 basic wage level for personnel receiving salaries and allowances in publicly established state organizations, party organizations, social political organizations, and associations.

Article 1. Scope of application

1. Cadres and civil servants receiving salaries from the state budget working in central-level party organizations, state organizations, and social political organizations; at provincial-level direct under the central government; at district-level, urban district-level, town-level, and city-level under provinces and cities directly under the central government; and at special administrative-economic units.

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 seconded to work in associations, non-governmental organizations, projects, and international agencies located in Vietnam pursuant 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 stipulated in Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on cadre and civil servant titles, quantity, and certain policies for cadres and civil servants at commune, ward, and town levels and those engaged in non-professional activities at commune level (amended and supplemented by Decree No. 29/2013/NĐ-CP dated April 8, 2013 of the Government).

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 regulations and resolving other salary-related benefits as prescribed by law:

a) Cadres, civil servants, and public officials studying, interning, working, or undergoing treatment or recuperation both domestically and abroad listed on the payroll of party organizations, state organizations, social political organizations, publicly established state organizations, and associations supported by the state budget;

b) Personnel in probationary or trial periods (including probationary civil servants at commune level) in party organizations, state organizations, social political organizations, publicly established state organizations, and associations supported by the state budget;

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

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

Article 2. Interpretation of Terms

1. Social political organizations referred to 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 Party on wage regulations for cadres, civil servants, public officials, and organizations of the Party, the Front, and mass organizations.

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

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:

Based on the wage coefficient and allowance currently enjoyed as prescribed in the relevant documents of authorized agencies of the Party and State regarding wage regulations for cadres, civil servants, public officials, and armed forces personnel, the basic wage level prescribed in Decree No. 72/2018/NĐ-CP dated May 15, 2018 of the Government on the basic wage level for cadres, civil servants, public officials, and armed forces personnel (hereinafter referred to as Decree No. 72/2018/NĐ-CP) shall be used to calculate the salary, allowance, and amount of the retention differential coefficient (if applicable) as follows:

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 by a specific monetary amount, they remain unchanged 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:

From July 1, 2018, the subsidy fund allocated by the central budget for each commune, village, and neighborhood-level organization specified in Clause 3 and Clause 4 of Article 1 of Decree No. 29/2013/NĐ-CP dated April 8, 2013 of the Government shall be calculated based on the basic wage level of 1,390,000 VND/month. The specific subsidy amounts for these subjects shall be implemented in accordance with Clause 5 of Article 1 of Decree No. 29/2013/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) Personnel working in confidential organizations within party organizations, state organizations, and social political organizations (excluding those under the management of the Ministry of National Defense and the Ministry of Public Security) shall implement the calculation of salary, allowance, and retention differential coefficient amount (if applicable) according to the calculation method prescribed in Clause 1 of Article 3 of this Circular.

Article 4. Effective date

1. This Circular takes effect from July 15, 2018.

2. The salary, allowances (including retention difference coefficients, if any), and activity fees for the subjects specified in Article 1 of this Circular shall be calculated based on the minimum wage level of 1,390,000 VND/month from July 1, 2018.

3. This Circular replaces Circular No. 02/2017/TT-BNV dated May 12, 2017, issued by the Ministry of Home Affairs guiding the implementation of the minimum wage level for those receiving salaries and allowances in public institutions under the Party, State, political-social organizations, and associations.

4. The deductions and benefits calculated based on the minimum wage level shall be recalculated accordingly from July 1, 2018.

Article 5. Responsibilities for Implementation

1. The head of the agency or unit directly managing the subjects receiving salaries, allowances, and activity fees as stipulated in Article 1 of this Circular shall base their calculations of the salary levels, allowance levels, retention difference coefficient amounts (if any), and activity fees according to the guidance provided in this Circular as of July 1, 2018.

2. The determination of requirements, sources, and methods of expenditure for implementing the minimum wage level pursuant to Decree No. 72/2018/NĐ-CP shall be carried out in accordance with the guidelines of the Minister of Finance.

In the course of implementation, 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./.