Circular No. 07/2005/TT-BNV guiding the implementation of hazardous and dangerous allowance for civil servants, public officials, and employees

CIRCULAR

Guidelines for Implementing Hazardous and Dangerous Subsidiary Allowances

 for Civil Servants, Public Officials, and Employees

Implementing Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, employees, and armed forces; after consulting with the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and other relevant ministries and sectors, the Ministry of Home Affairs provides guidelines for implementing hazardous and dangerous subsidiary allowances for civil servants, public officials, and employees as follows:

I. SCOPE AND APPLICABLE SUBJECTS

Hazardous and dangerous subsidiary allowances for civil servants, public officials, and employees working directly in hazardous and dangerous environments where the level of hazard exceeds the normal rate not included in the salary coefficient include:

1. Civil servants (including probationary civil servants), employees, and those in their trial period or internship within the payroll budget of state agencies and state-owned public institutions.

2. Civil servants, public officials, and employees within the state payroll and receiving salaries according to the state-prescribed pay scale who are assigned to work at associations, non-governmental organizations, projects, and international organizations based in Vietnam.

II. LEVELS OF SUBSIDIARY ALLOWANCES AND METHODS OF PAYMENT

1. Amount of allowance:

Hazardous and dangerous subsidiary allowances consist of four levels: 0.1; 0.2; 0.3; and 0.4 compared to the minimum wage. According to the minimum wage of 290,000 VND/month, the amounts of hazardous and dangerous subsidiary allowances implemented from October 1, 2004 are as follows:

2. Application of Levels of Hazardous and Dangerous Subsidiary Allowances:

a) Level 1, coefficient 0.1 applies to civil servants, public officials, and employees working directly in places with one of the following hazardous or dangerous factors:

a1) Direct contact with toxic substances, poisonous gases, toxic dust, or working in environments prone to infectious diseases.

a2) Working in high-pressure or oxygen-deficient environments, or in extremely hot or cold conditions.

a3) Jobs involving significant noise or continuous vibration at frequencies exceeding safety and hygiene standards.

a4) Working in environments with radiation, electromagnetic fields, or electric fields exceeding permissible limits.

b) Level 2, coefficient 0.2 applies to civil servants, public officials, and employees working directly in places with two of the hazardous or dangerous factors specified in point a, clause 2, section II above.

c) Level 3, coefficient 0.3 applies to civil servants, public officials, and employees working directly in places with three of the hazardous or dangerous factors specified in point a, clause 2, section II above.

d) Level 4, coefficient 0.4 applies to civil servants, public officials, and employees working directly in places with all of the hazardous or dangerous factors specified in point a, clause 2, section II above.

3. Calculation and Funding Sources for Subsidiary Allowances:

a) Method of Calculating Subsidiary Allowances:

Hazardous and dangerous subsidiary allowances are calculated based on actual time spent working in hazardous or dangerous environments; if less than 4 hours per day, it is counted as half a day's work, and if 4 hours or more, it is counted as a full day's work. The hazardous and dangerous subsidiary allowances are paid together with monthly salaries and are not used to calculate contributions or benefits under social insurance.

b) Funding Sources for Paying Subsidiary Allowances:

For entities under state budget support, hazardous and dangerous subsidiary allowances are paid from the state budget according to current budget allocation levels in the annual budget allocated to the entity.

For entities implementing personnel quotas and administrative management costs, and for entities in public service units operating on self-financing, hazardous and dangerous subsidiary allowances are paid from the quota funds and self-financed resources.

III. EFFECTIVE DATE OF IMPLEMENTATION

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

Abolish all guiding documents implementing Decree No. 25/CP dated May 23, 1993 of the Government regarding hazardous and dangerous subsidiary allowances for civil servants, public officials, and employees working in state agencies and state-owned public institutions.

2. The hazardous and dangerous subsidiary allowances stipulated in this Circular shall be effective from October 1, 2004.

Civil servants, public officials, and employees engaged in certain special occupations or jobs in state agencies and state-owned public institutions who have been approved by authorized authorities to receive hazardous and dangerous subsidiary allowances and whose approvals remain valid, shall continue to receive them until changes occur in the hazardous or dangerous factors that were the basis for the approval; ministries, sectors, and localities shall compile reports to the Ministry of Home Affairs for monitoring and management.

3. Civil servants, public officials, and employees directly and regularly working in hazardous and dangerous environments as prescribed in this Circular but not yet approved by authorized authorities to receive hazardous and dangerous subsidiary allowances, then the heads of the agencies or units employing such personnel shall submit written requests to the ministries (if centrally managed) or provincial People's Committees (if locally managed). Based on the requests from the employing agencies or units, the ministries or provincial People's Committees shall submit written requests to the Ministry of Home Affairs (with attached documentation) to negotiate with the Ministry of Finance and related ministries to agree on the receipt of hazardous and dangerous subsidiary allowances.

Documentation for requesting hazardous and dangerous subsidiary allowances includes:

a) A letter of request from central ministries or provincial People's Committees.

b) A labor health report confirming working conditions, accompanied by a list of hazardous or dangerous occupations or jobs, or particularly hazardous or dangerous occupations or jobs, if they have already been recognized as such.

c) The proposed level of hazardous and dangerous subsidiary allowances, the number of people entitled to receive them, and the funding sources, including the portion funded by the state budget.

4. Persons working under labor contracts for hazardous or dangerous jobs, or directly working in hazardous or dangerous places in state agencies and state-run units shall have any hazard and danger allowances (if any) agreed upon in the labor contract.

5. Cadres, civil servants, and employees working in Party agencies, mass organizations, and People's Front units shall implement hazard and danger allowances according to the guidelines of the Central Organization Committee.

During implementation, if there are any difficulties, ministries, sectors, and localities shall report to the Ministry of Home Affairs for study and resolution.