Circular No. 07/2011/TT-BLDTBXH guiding the determination of beneficiaries, the level of hardship allowance, and the implementation of hardship allowances according to Decision No. 471/QD-TTg dated March 30, 2011 of the Prime Minister regarding hardship allowances for civil servants, public officials, armed forces personnel, pensioners with low pensions, persons receiving preferential benefits, and poor households with difficult living conditions.

CIRCULAR

GUIDELINES FOR IDENTIFYING ELIGIBLE OBJECTS, BENEFIT LEVELS, AND IMPLEMENTATION OF DIFFICULTY ALLOWANCE PURSUANT TO DECISION NO. 471/QD-TTg OF MARCH 30, 2011 BY THE PRIME MINISTER ON DIFFICULTY ALLOWANCE FOR OFFICIALS, CIVIL SERVANTS, STATE EMPLOYEES, MILITARY PERSONNEL, RETIREES WITH LOW SALARIES, PERSONS RECEIVING PREFERRED ALLOWANCE FOR VETERANS AND POOR HOUSEHOLDS WITH HARD LIVES

Decree No. Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
Pursuant to Decision No. Decision No. 471/QD-TTg dated March 30, 2011 of the Prime Minister on difficulty allowance for officials, civil servants, state employees, military personnel, retirees with low salaries, persons receiving preferred allowance for veterans and poor households with hard lives;
The Ministry of Labor, Invalids and Social Affairs guides the identification of eligible objects and implementation of difficulty allowance for officials, civil servants, state employees, military personnel, retirees with low salaries, persons receiving preferred allowance for veterans and poor households with hard lives as follows:

Article 1. General Provisions:

1. This Circular guides the identification of eligible objects and the organization of implementation of difficulty allowance as prescribed in Decision No. 471/QD-TTg dated March 30, 2011 of the Prime Minister (hereinafter referred to as Decision No. 471/QD-TTg).

2. March 30, 2011 is the reference date for identifying eligible objects and income levels prescribed to be entitled to difficulty allowance.

3. The payment of difficulty allowance will be carried out in two installments in the second quarter of 2011, the first installment to be made in April 2011 and the second in May 2011.

4. For individuals belonging to multiple eligible categories for difficulty allowance under Decision No. 471/QD-TTg, they shall receive the allowance according to the category with the highest level. For poor households, in addition to the allowance for households as stipulated in Clause 5, Article 1 of Decision No. 471/QD-TTg, if members of the household belong to eligible categories, they still receive difficulty allowance; in cases where they belong to multiple eligible categories, they shall receive the allowance according to the category with the highest level of allowance.

5. Ministries, agencies at the central level, and provincial People's Committees have the responsibility to organize the implementation to ensure timely, accurate, and appropriate payment of difficulty allowance to eligible objects as prescribed.

6. Depending on actual conditions, ministries, agencies at the central level, and provincial People's Committees shall implement the payment of difficulty allowance to eligible objects concurrently with the payment of regular salary and allowances by the nearest managing agency and implementing policy for the object to facilitate the object and reduce management costs.

7. The determination of funding needs, use and management of funding for payment, payment methods, accounting, settlement of accounts for difficulty allowance under Decision No. 471/QD-TTg shall be implemented in accordance with the guidelines of the Ministry of Finance.

Article 2. On Identification of Eligible Objects and Benefit Levels for Difficulty Allowance:

Detailed groups of eligible objects for difficulty allowance as prescribed in Article 1 of Decision No. 471/QD-TTg are specified as follows:

1. Individuals with low salaries and difficult living conditions who are entitled to difficulty allowance are those with a salary coefficient (position salary or salary according to current rank and grade) of 3.00 or lower, entitled to a benefit level of 250,000 VND/person, including:

a) Officials (as defined in Clause 1, Article 4 of the Civil Servants Law dated November 13, 2008) and civil servants (as defined in Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government on those who are civil servants) within the state budget payroll working in state agencies, political organizations, and political-social organizations at the central level; at provincial and centrally-administered city levels; at district, town, and provincial city levels;

b) State employees within the state budget payroll and other sources of public service revenue as prescribed by law working in state-owned public institutions, political organizations, and political-social organizations;

c) Officials, civil servants, and state employees within the state payroll and receiving salaries according to the state-prescribed pay scale appointed by competent authorities to work in associations, non-governmental organizations, projects, and international organizations based in Vietnam;

d) Officials and civil servants at commune, ward, and town levels as defined in Clauses 1 and 2 of Article 2 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on job titles, number, and some policies for officials and civil servants at commune, ward, and town levels and those engaged in non-professional activities at the commune level;

đ) Kindergarten teachers in the payroll and kindergarten teachers under contract as defined in Decision No. 161/2002/QD-TTg dated November 15, 2002 of the Prime Minister;

e) Health workers at commune, ward, and town levels receiving salaries according to Decision No. 58/TTg dated February 3, 1994 and Decision No. 131/TTg dated March 4, 1995 of the Prime Minister;

g) Individuals signing labor contracts or employment contracts as prescribed in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the system of contracts for certain types of work in administrative agencies, public institutions, already classified according to the salary regulations in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for officials, civil servants, state employees, and armed forces, currently working in state-owned public institutions, political organizations, and political-social organizations;

h) Personnel in confidential organizations;

i) Professional military personnel and civilian staff receiving salaries from the state budget in the Vietnam People's Army;

k) Non-commissioned officers, workers, and staff in the Vietnam People's Public Security Force receiving salaries from the state budget;

The objects prescribed in Clause 1 of Article 2 above include those during their probationary period, trial period, or leave due to illness or maternity as prescribed by the Social Insurance Law.

2. Persons receiving pensions or social insurance benefits at low levels with monthly pension or social insurance benefits and monthly allowances not exceeding VND 2,200,000/month shall be entitled to a monthly allowance of VND 250,000/person, including:

a) Cadres, civil servants, workers, employees (including retirees receiving monthly allowances transferred from the social insurance fund for farmers in Nghe An Province pursuant to Decision No. 41/2009/QD-TTg dated March 16, 2009 of the Government), military personnel, public security officers, and personnel engaged in confidential work who are receiving monthly pensions.

b) Village cadres, ward cadres, town cadres as prescribed in Decree No. 92/2009/ND-CP dated October 22, 2009, Decree No. 121/2003/ND-CP dated October 21, 2003, and Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government who are receiving monthly pensions and allowances.

c) Persons currently receiving monthly disability allowances; persons currently receiving monthly allowances pursuant to Decision No. 91/2000/QD-TTg dated August 4, 2000 and Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister; rubber plantation workers currently receiving monthly allowances.

d) Workers who have ceased working and are currently receiving monthly allowances for occupational accidents and occupational diseases as stipulated by laws on social insurance.

đ) Village cadres, ward cadres, town cadres currently receiving monthly allowances pursuant to Decision No. 130-CP dated June 20, 1975 of the Council of Ministers and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers.

e) Military personnel currently receiving monthly allowances as prescribed in Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister; Public Security officers currently receiving monthly allowances pursuant to Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister.

3. Persons who have rendered meritorious service to the revolution and are receiving regular allowances (excluding those receiving survivor's allowances) shall be entitled to a monthly allowance of VND 250,000/person, including:

a) Persons who were engaged in revolutionary activities before January 1, 1945; Persons who were engaged in revolutionary activities from January 1, 1945 to August 18, 1945;

b) Mothers of Vietnam's Heroic Soldiers; Heroes of the Armed Forces, Labor Heroes during the resistance war;

c) War invalids, persons treated as war invalids, war invalids type B with a disability rate of 21% or more;

d) Invalids of war with a disability rate of 41% or more;

e) Persons who participated in the resistance war and were exposed to toxic chemicals;

f) Persons who have contributed to the revolution and are currently receiving monthly allowances;

g) Children of persons who participated in the resistance war and were exposed to toxic chemicals and are currently receiving monthly allowances;

4. Persons receiving survivor's allowances for persons who have rendered meritorious service to the revolution and survivor's social insurance allowances shall be entitled to a monthly allowance of VND 100,000/person, including:

a) Relatives of martyrs currently receiving monthly survivor's allowances;

b) Relatives of persons who were engaged in revolutionary activities before January 1, 1945 and are currently receiving monthly survivor's allowances; Relatives of persons who were engaged in revolutionary activities from January 1, 1945 to August 18, 1945 and are currently receiving monthly survivor's allowances;

c) Relatives of war invalids, war invalids type B, invalids of war currently receiving monthly survivor's allowances;

d) Persons currently receiving monthly survivor's allowances as stipulated by laws on social insurance.

5. Poor households recognized by competent authorities according to the poverty standard prescribed in Decision No. 09/2011/QD-TTg dated January 30, 2011 of the Prime Minister shall be entitled to a monthly allowance of VND 250,000/household.

Article 3. Implementation organization:

1. Responsibilities of Ministries, sectors, central agencies and provinces/cities directly under the Central Government:

a) For the subjects specified in points a, b, c, g and h Clause 1 Article 2 of this Circular belonging to central agencies/units shall be organized and implemented by the relevant Ministries and central agencies responsible for providing hardship allowances.

b) For the subject specified in point i Clause 1 Article 2 of this Circular shall be organized and implemented by the Ministry of National Defense responsible for providing hardship allowances.

c) For the subject specified in point k Clause 1 Article 2 of this Circular shall be organized and implemented by the Ministry of Public Security responsible for providing hardship allowances.

d) For the subjects specified in Clause 2 (excluding those specified in point đ, e) and point d Clause 4 Article 2 of this Circular shall be organized and implemented by the Social Insurance responsible for providing hardship allowances.

đ) For the subjects specified in points a, b, c, d, đ, e and g Clause 1 Article 2 belonging to agencies/units managed by localities; the subject specified in point đ Clause 2 and poor households as defined in Clause 5 Article 2 of this Circular shall be organized and implemented by the People's Committees of provinces/cities directly under the Central Government responsible for providing hardship allowances.

When compiling lists for payment to the subjects specified in Clauses 1 and 2 of Article 2, the Ministries, sectors, central agencies and localities shall not compile lists for subjects who are concurrently beneficiaries of regular allowances for persons with meritorious service as stipulated in Clause 3 of Article 2 of this Circular.

e) For the subjects who are persons with meritorious service receiving regular allowances as specified in Clause 3, beneficiaries of pensions for persons with meritorious service as specified in points a, b and c Clause 4, military personnel receiving monthly allowances as specified in Decision No. 142/2008/QĐ-TTg dated October 27, 2008 of the Prime Minister, and public security personnel receiving monthly allowances as specified in Decision No. 53/2010/QĐ-TTg dated August 20, 2010 of the Prime Minister as specified in point e Clause 2 Article 2 of this Circular shall be organized and implemented by the Ministry of Labor, Invalids and Social Affairs responsible for providing hardship allowances.

When compiling lists for payment to these subjects, it shall not include those who are concurrently beneficiaries of monthly allowances for dependents of persons with meritorious service as specified in Clause 4 and also fall within the scope of subjects specified in Clauses 1 and 2 of Article 2 of this Circular.

f) For staff of the trade union system at all levels and laborers in agencies/units with special financial mechanisms shall implement and report according to the guidance of the Ministry of Finance.

2. Based on the provisions of this Circular, the Ministries, central agencies and People's Committees of provinces/cities directly under the Central Government shall be responsible for directing, assigning tasks and guiding agencies/units and subordinate levels to organize the implementation of identifying subjects and disbursing allowances in accordance with the guidance of the Ministry of Finance, the provisions of this Circular and current regulations.

3. Organizations and individuals assigned the responsibility of compiling lists of subjects entitled to allowances must review and check to ensure that each subject is fully and accurately identified, avoiding errors, duplicate listings or omissions.

4. Organizations and individuals assigned the responsibility of disbursing allowances must check the list before payment, promptly identify any errors, duplicate listings or omissions. In case of errors, duplicate listings or omissions, payments to these subjects shall be temporarily suspended and reported immediately in writing to the competent authority for resolution. After the competent authority resolves the issue in writing, the instructions shall be followed accordingly.

Article 4. Effective date

This Circular takes effect from the date of issuance. During the implementation process, if there are any difficulties, units are requested to promptly reflect them to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.