Joint Circular No. 08/2011/TTLT-BNV-BTC guiding the implementation of certain provisions of Government Decree No. 116/2010/NĐ-CP dated December 24, 2010 on policies for cadres, civil servants, public officials, and personnel receiving salaries in the armed forces working in areas with particularly difficult economic and social conditions.

JOINT CIRCULAR

Guidelines for implementing certain provisions of Decree No. 116/2010/NĐ-CP dated December 24, 2010 of the Government on policies for cadres, civil servants, public officials, and personnel receiving salaries working in armed forces in areas with particularly difficult socio-economic conditions

of the Government on policies for cadres, civil servants, public officials, and personnel receiving salaries working in armed forces in areas with particularly difficult socio-economic conditions

in the armed forces working in areas with particularly difficult socio-economic conditions

_______________________________

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of 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. 116/2010/NĐ-CP dated December 24, 2010 of the Government on policies for cadres, civil servants, public officials, and personnel receiving salaries working in armed forces in areas with particularly difficult socio-economic conditions (hereinafter referred to as Decree No. 116/2010/NĐ-CP);

The Ministry of Home Affairs and the Ministry of Finance provide guidelines for implementing certain provisions of Decree No. 116/2010/NĐ-CP as follows:

Article 1. Guidelines for particularly difficult communes in ethnic minority and mountainous regions, particularly difficult communes in coastal areas and islands, and particularly difficult hamlets as specified in Point b and Point c, Clause 2, Article 1 of Decree No. 116/2010/NĐ-CP

1. Particularly difficult communes in ethnic minority and mountainous regions, and particularly difficult communes in coastal areas and islands as specified in Point b, Clause 2, Article 1 of Decree No. 116/2010/NĐ-CP:

During the period when the Prime Minister has not issued new regulations to replace the decisions approving the list of particularly difficult communes for the 2006-2010 period, the list of particularly difficult communes in ethnic minority and mountainous regions, and particularly difficult communes in coastal areas and islands within the scope of application of the policies stipulated in Decree No. 116/2010/NĐ-CP shall continue to be implemented according to the following documents:

a) Decision No. 106/2004/QĐ-TTg dated June 11, 2004 of the Prime Minister approving the list of particularly difficult communes in coastal and island areas;

b) Decision No. 164/2006/QĐ-TTg dated July 11, 2006 of the Prime Minister on approving the list of particularly difficult communes, border communes, and safe area communes for investment under the Socio-Economic Development Program for Particularly Difficult Communes in Ethnic Minority and Mountainous Regions for the 2006-2010 period (Program 135 Phase II);

c) Decision No. 113/2007/QĐ-TTg dated July 20, 2007 of the Prime Minister on approving the list of communes that have completed the objectives of the Socio-Economic Development Program for Ethnic Minority and Mountainous Regions, Border Areas, and Remote Areas for the 1995-2005 period, supplementing communes, villages, and villages into the investment scope of Program 135 Phase II, and communes in coastal areas and islands into the investment scope of the National Target Program on Poverty Reduction for the 2006-2010 period;

d) Decision No. 69/2008/QĐ-TTg dated May 28, 2008 of the Prime Minister on approving the supplementary list of particularly difficult communes, border communes, and safe area communes for investment under Program 135 Phase II, and the list of communes removed from the investment scope of Program 135 Phase II;

đ) Decision No. 1105/QĐ-TTg dated July 28, 2009 of the Prime Minister on supplementing the list of particularly difficult communes, border communes, and safe area communes for investment under Program 135 Phase II, and the list of communes that have completed their objectives and been removed from the investment scope of Program 135 Phase II;

e) Other decisions of the Prime Minister on amending and supplementing the list of particularly difficult communes (if any).

2. Particularly difficult hamlets (including villages, neighborhoods, villages, settlements, etc., collectively referred to as hamlets) as specified in Point c, Clause 2, Article 1 of Decree No. 116/2010/NĐ-CP:

During the period when the Minister, Chairman of the Committee for Ethnic Minorities has not issued new decisions to replace the decisions approving the list of particularly difficult hamlets in commune category II for investment under Program 135 Phase II, the list of particularly difficult hamlets within the scope of application of the policies stipulated in Decree No. 116/2010/NĐ-CP shall continue to be implemented according to the following documents:

a) Decision No. 01/2008/QĐ-UBDT dated January 11, 2008 of the Minister, Chairman of the Committee for Ethnic Minorities on approving the list of particularly difficult hamlets in commune category II for investment under Program 135 Phase II;

b) Decision No. 325/QĐ-UBDT dated October 19, 2009 of the Minister, Chairman of the Committee for Ethnic Minorities on approving the list of particularly difficult hamlets in commune category II for investment under Program 135 Phase II;

c) Other decisions of the Minister, Chairman of the Committee for Ethnic Minorities on amending and supplementing the list of particularly difficult hamlets in commune category II (if any).

3. When the Prime Minister; the Minister, Chairman of the Committee for Ethnic Minorities, or the competent authority issues new decisions approving particularly difficult communes and hamlets to replace the decisions specified in Clause 1 and Clause 2 of this Article, they shall be implemented according to those new decisions.

Article 2. Guidance on the subjects to which the provisions of Clause 1 and Clause 2, Article 2 of Decree No. 116/2010/ND-CP apply.

1. Cadres, civil servants, public officials, and workers under labor contracts, including probationary and trial period workers, in Party, State, and political-social organizations as stipulated in Clause 1, Article 2 of Decree No. 116/2010/ND-CP, including:

a) Cadres and civil servants (including probationary staff) and workers under labor contracts receiving salaries from the State budget working in central Party, State, and political-social organizations; at provincial-level cities directly under the Central Government; at district, town, and townships under provinces;

b) Public officials (including probationary and trial period staff) and workers under labor contracts receiving salaries from the State budget and other sources of income for public services as prescribed by law, working in public service units of the Party, State, and political-social organizations (hereinafter referred to as public service units);

c) Cadres and civil servants at communes, wards, and towns as stipulated in Clause 3, Article 4 of the Civil Servants Law;

d) Workers in confidential positions in confidential organizations.

2. Officers, professional military personnel, technical non-commissioned officers, and those receiving salaries from the State budget, including workers under labor contracts in the People's Army and the People's Police as stipulated in Clause 2, Article 2 of Decree No. 116/2010/ND-CP, including:

a) Officers, professional military personnel, defense workers, and contractual employees receiving salaries from the State budget belonging to the Vietnam People's Army;

b) Officers and non-commissioned officers receiving salaries; workers and contractual employees receiving salaries from the State budget belonging to the Vietnam People's Police.

3. The subjects stipulated in Clause 1 and Clause 2 of this Article have been assigned salaries according to the following documents:

a) Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004, of the Standing Committee of the National Assembly approving the salary scale for leadership cadres of the State; the salary scale for specialized professions in the judiciary and prosecution sectors;

b) Resolution No. 1003/2006/NQ-UBTVQH11 dated March 3, 2006, of the Standing Committee of the National Assembly approving the salary scale and leadership position allowances for National Audit Office leaders; the salary, allowance, and uniform for National Audit Office cadres and civil servants; preferential treatment for state auditors;

c) Decision No. 128-QĐ/TW dated December 14, 2004, of the Central Committee of the Communist Party of Vietnam on the salary system for cadres, civil servants, and public officials in Party, Front, and mass organizations;

d) Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government on the salary system for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 204/2004/ND-CP);

đ) Decree No. 92/2009/ND-CP dated October 22, 2009, of the Government on the titles, number, and some policies for cadres and civil servants at communes, wards, and towns and non-professional workers at commune level.

Article 3. Guidance on the attraction allowance as stipulated in Article 4 of Decree No. 116/2010/ND-CP.

1. The subjects, levels of enjoyment, and duration of the attraction allowance shall be implemented according to the provisions of Article 4 of Decree No. 116/2010/ND-CP.

2. Calculation method:

The amount of the attraction allowance is calculated using the following formula:

3. Time of enjoyment of the attraction allowance is as follows:

a) In cases where they start working in areas with extremely difficult socio-economic conditions from March 2011 or earlier and are still working there now, they will be entitled to the attraction allowance from March 2011.

Example 1: Mr. Nguyen Van A is a commune-level civil servant who has worked in commune B, an area with extremely difficult socio-economic conditions, since January 1, 2005. Therefore, according to this Circular, the time when Mr. Nguyen Van A is entitled to the attraction allowance is from March 2011.

b) In cases where they start working in areas with extremely difficult socio-economic conditions after March 2011, they will be entitled to the attraction allowance from the month of the decision to accept them by the competent authority.

Example 2: Ms. Vu Thi C was transferred and arranged to work as a civil servant in commune D, an area with extremely difficult socio-economic conditions, starting July 10, 2011. Therefore, according to this Circular, the time when Ms. Vu Thi C is entitled to the attraction allowance is from July 2011.

Article 4. Guidelines on seniority allowances for working long-term in areas with particularly difficult socio-economic conditions as stipulated in Article 5 of Decree No. 116/2010/NĐ-CP.

1. Recipients and levels of seniority allowances for working long-term in areas with particularly difficult socio-economic conditions as stipulated in Article 5 of Decree No. 116/2010/NĐ-CP.

2. The actual time spent working in areas with particularly difficult socio-economic conditions as stipulated in Clause 1 of this Article is the total time working and contributing to mandatory social insurance in such areas (if there are interruptions, they are accumulated), including:

a) Time working in agencies, organizations, and public service units of the Party, State, and political-social organizations;

b) Time working in the People's Army and the People's Public Security Force.

3. Calculation method:

The amount of seniority allowance for working long-term in areas with particularly difficult socio-economic conditions is calculated according to the following formula:

Example 3. Mr. Le Van E has the following actual working time with mandatory social insurance contributions: From January 1, 1995 to June 30, 1998, he was a primary school teacher at Commune G, which does not belong to areas with particularly difficult socio-economic conditions. From July 1, 1998 to March 1, 2011, he worked at Commune K, which belongs to areas with particularly difficult socio-economic conditions, for 12 years and 8 months, thus receiving a seniority allowance level of 0.7. The calculation of Mr. E's seniority allowance amount is as follows:

The general minimum wage in March and April 2011 was 730,000 VND/month, therefore, Mr. E's seniority allowance amount in March and April 2011 was: 730,000 VND/month x 0.7 = 511,000 VND/month. Starting from May 2011, the general minimum wage was 830,000 VND/month, hence Mr. E's seniority allowance from May 2011 was 830,000 VND/month x 0.7 = 581,000 VND/month.

If Mr. E continues to work continuously in areas with particularly difficult socio-economic conditions, by July 1, 2013 (when reaching 15 years), Mr. E will receive a seniority allowance level of 1.0 compared to the general minimum wage at that time.

Article 5. Guidelines on initial assistance and relocation assistance as stipulated in Article 6 of Decree No. 116/2010/NĐ-CP.

1. Recipients and levels of initial assistance and relocation assistance implemented according to Article 6 of Decree No. 116/2010/NĐ-CP.

2. Travel expenses for family members accompanying the employee as stipulated in Clause 2, Article 6 of Decree No. 116/2010/NĐ-CP are calculated based on the actual ticket prices or freight charges of public transportation means or reimbursed based on a quota rate multiplied by the number of kilometers traveled and the standard fare of regular public transport (trains, boats, passenger buses).

3. Initial assistance, relocation assistance, and travel expenses for family members are paid once by the agency, organization, or unit in the area with particularly difficult socio-economic conditions where the employee is assigned to work.

Article 6. Guidelines on assistance for purchasing and transporting clean water as stipulated in Article 7 of Decree No. 116/2010/NĐ-CP.

1. Seasonal water-scarce areas are regions where natural conditions do not provide sufficient clean water for daily needs for at least one continuous month in a year.

2. Level of assistance:

a) The basis for calculating the subsidy for purchasing and transporting fresh and clean water for one person includes:

Standard consumption rate: 6 cubic meters/person/month (a);

Actual number of months lacking fresh and clean water in one year (b);

The cost of purchasing and transporting one cubic meter of clean water to the residence and workplace of officials, civil servants, employees, and military personnel is determined by the Provincial People's Committee (c).

The price of clean water for calculating the cost of clean water in salary is the business price of one cubic meter of clean water set by the local authority with jurisdiction (d).

b) Calculation Method:

The amount of assistance received monthly is: a x (c - d).

The amount of subsidy received for one year is: a x (c - d) x b.

c) The Provincial People's Committee bases its decision on specific conditions of communes under particularly difficult socio-economic conditions within its management to propose the People's Council at the same level to define water-scarce areas, the duration, and the level of assistance for purchasing and transporting water suitable to the situation. For military personnel and police officers, regulations of the Ministry of National Defense and the Ministry of Public Security shall be followed.

Article 7. Guidelines on travel allowances, study grants, and professional training stipulated in Article 10 of Decree No. 116/2010/NĐ-CP.

1. Officials, civil servants, public employees, and personnel receiving salaries in the armed forces working in areas with particularly difficult socio-economic conditions who are dispatched by competent agencies, organizations, or units to attend training courses on professional skills, foreign languages, or domestic study tours and experience exchanges shall be supported as follows:

a) The cost of purchasing study materials (excluding reference materials) based on invoices or legitimate receipts;

b) 100% of tuition fees according to invoices or legitimate receipts issued by educational institutions;

c) Travel expenses from their workplace to the place of study (one round trip; excluding holidays and Tet).

The aforementioned expenses shall not exceed the limits specified in Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance regarding the preparation of budgets, management, and utilization of state budget funds for training and professional development of officials and civil servants.

2. In cases where they complete their tasks exceptionally well as assessed annually by the competent authority, they may be organized by their agency, organization, or unit to participate in domestic study tours and experience exchanges once a year, with a maximum duration of 15 days, and shall be reimbursed for train, bus tickets, accommodation rental fees, and subsistence allowances according to current travel expense regulations, provided that all expenses are documented properly and within the approved budget.

3. In cases where they self-study and become proficient in ethnic minority languages in their locality (including ethnic minorities who self-study and use other ethnic minority languages) to serve their professional work, and are certified or recognized by the competent management authority, they shall be supported with one-time funding for purchasing study materials and a subsidy for self-study of ethnic minority languages and scripts. The specific amount is decided by the People's Committee of the province but shall not exceed VND 3,000,000 per person for studying one type of script and ethnic minority language, and not more than VND 5,000,000 per person for studying two types of scripts and ethnic minority languages.

Article 8. Guidelines on periods during which various allowances and subsidies stipulated in Decree No. 116/2010/NĐ-CP are not applicable.

1. Officials, civil servants, public employees, and personnel receiving salaries in the armed forces working in areas with particularly difficult socio-economic conditions shall not enjoy the allowances and subsidies stipulated in Decree No. 116/2010/NĐ-CP during the following periods:

a) Time on business trips, working, or studying outside areas with extremely difficult socio-economic conditions for one month or longer;

b) Continuous unpaid leave for one month or longer;

c) Time receiving social insurance benefits as prescribed by laws on social insurance;

d) Periods when they are temporarily suspended from duty or detained.

2. In cases where they retire, resign, or transfer out of areas with particularly difficult socio-economic conditions, they shall cease to enjoy the allowance and subsidy regimes stipulated in Decree No. 116/2010/NĐ-CP from the date of retirement, resignation, or transfer out of such areas.

Article 9. Guidelines on budget preparation, implementation, and settlement.

1. The work of preparing budgets, implementing budgets, and settling accounts for allowances and subsidies under the provisions of Decree No. 116/2010/NĐ-CP shall be carried out in accordance with the current regulations of the State Budget Law, Accounting Law, and other guiding documents.

2. The allowances and subsidies stipulated in Decree No. 116/2010/NĐ-CP shall be recorded as follows:

a) Recruitment incentives shall be recorded under Item 6.100, Sub-item 6.103;

b) Long-term service allowances shall be recorded under Item 6.100, Sub-item 6.121;

c) Assistance and support items:

- Initial relocation allowances, regional transfer allowances, water purchase and transportation allowances, and one-time allowances upon transfer out of areas with particularly difficult socio-economic conditions or retirement shall be recorded under Item 6.250, Sub-item 6.299;

- Tuition fee assistance shall be recorded under Item 6.150, Sub-item 6.155;

- Housing rental assistance shall be recorded under Item 6.700, Sub-item 6.703;

- Transportation assistance shall be recorded under Item 6.700, Sub-item 6.701;

- Study material purchase assistance shall be recorded under Item 7.000, Sub-item 7.003;

- Assistance for purchasing study materials and subsidies for self-study of ethnic minority languages shall be recorded under Item 6.150, Sub-item 6.155.

3. The allowances and subsidies stipulated in Decree No. 116/2010/NĐ-CP shall not be used to calculate contributions or benefits for mandatory social insurance, unemployment insurance, and health insurance.

Article 10. Guidelines for compiling financial requirements

1. Additional financial requirements to implement the policy stipulated in Decree No. 116/2010/NĐ-CP shall be compiled together with the financial requirements for salary reform and handling the expenditure for salary reform as prescribed.

2. For provinces and centrally-administered cities:

a) Direct management agencies that directly pay salaries to officials, civil servants, and public employees are responsible for reviewing and preparing the budget estimates for the subjects according to Tables 1, 2, and 3 attached hereto and submitting them to the immediate superior administrative agency in accordance with the current budget classification (hereinafter referred to as the immediate superior administrative agency).

b) The immediate superior administrative agency shall review and compile the additional financial requirements of the agencies, organizations, and units under its jurisdiction according to Table 3 attached hereto (hereinafter referred to as Table 3) and submit it to the Department of Finance.

c) The Department of Finance shall be responsible for reviewing and compiling the additional financial requirements according to Table 3 and submitting it to the People's Committee of the province or centrally-administered city for decision.

d) The People's Committee of the province or centrally-administered city shall compile and submit the report according to Table 3 to the Ministry of Finance for consideration and resolution as prescribed.

3. For Ministries, ministerial-level agencies, government agencies, Party agencies, and central-level political-social organizations:

a) The direct management agency that pays salaries to officials, civil servants, and public employees shall comply with the provisions set forth in Point a Clause 2 of this Article.

b) The immediate superior administrative agency shall review and compile the additional financial requirements according to Table 3 and submit it to the higher-level administrative agency up to the Ministry, ministerial-level agency, government agency, Party agency, and central-level political-social organization.

c) The Ministry, ministerial-level agency, government agency, Party agency, and central-level political-social organization shall be responsible for reviewing, compiling, and submitting the report according to Table 3 to the Ministry of Finance for consideration and resolution as prescribed.

Article 11. Implementation Provisions

1. This Circular takes effect from October 15, 2011.

2. The regulations stipulated in this Circular shall be applied starting from March 1, 2011.

During implementation, if there are any difficulties, the ministries, sectors, and localities shall reflect them to the Ministry of Home Affairs for coordination with the Ministry of Finance to study and resolve them./.