Circular No. 08/2013/TT-BNV guiding the implementation of the regular salary grade increase system and early salary grade increase for civil servants, public officials, employees, and workers.

CIRCULAR

Guidelines for Implementing the Regular Promotion System and Early Promotion System for Civil Servants, Public Officials, and Workers

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. 204/2004/ND-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel (hereinafter referred to as Decree No. 204/2004/ND-CP) amended and supplemented by Decree No. 76/2009/ND-CP dated September 15, 2009; Decree No. 14/2012/ND-CP dated March 7, 2012 and Decree No. 17/2013/ND-CP dated February 19, 2013 of the Government;

The Minister of Home Affairs issues this Circular guiding the implementation of the regular promotion system and early promotion system for civil servants, public officials, and workers.

Article 1. Scope and Objectives

1. Scope and Applicability:

a) Cadres, civil servants, and public officials classified according to the senior expert salary scale, professional and technical salary scales, administrative and service salary scales working in state agencies from central to commune level (commune, ward, town collectively referred to as commune level) and in public institutions, including:

- Cadres in state agencies from central to district, county, town, city under province levels who are classified according to the administrative civil servant grade stipulated in Point b Clause 1 Article 3 of Decree No. 204/2004/ND-CP;

- Civil servants and public officials in state agencies and public institutions classified according to the senior expert salary scale, professional and technical salary scales, administrative and service salary scales (including all professional and technical positions in the judiciary and prosecution sectors);

- Commune-level cadres stipulated in Point b Clause 1 Article 5 and commune-level civil servants stipulated in Point 3 Clause 2 Article 5 of Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government on the Position, Quantity, and Some Policies for Commune-Level Cadres and Civil Servants and Non-Professional Staff at the Commune Level (hereinafter referred to as Decree No. 92/2009/ND-CP).

b) Those classified according to the senior expert salary scale, professional and technical salary scales, administrative and service salary scales prescribed by the State and decided by competent authorities to work in projects and international organizations located in Vietnam while still being on the payroll of their agencies or units.

c) Those working under labor contracts classified according to the salary scales prescribed by the State in state agencies and public institutions as stipulated by current laws.

d) Those classified according to the salary scales prescribed by the State within the staffing quota funded by the State budget in special-interest associations as prescribed in Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on the Organization, Operation, and Management of Associations and Decision No. 68/2010/QD-TTg dated November 1, 2010 of the Prime Minister on Special-Interest Associations.

The subjects mentioned in Points a, b, c, and d of this Clause shall be collectively referred to as public officials, civil servants, state employees, and laborers hereinafter.

2. Non-applicable Subjects:

a) Public officials classified under the position-based salary scale who have already been classified according to the term of office.

b) Commune-level cadres are those currently enjoying retirement benefits or disability allowances stipulated in Point c Clause 1 Article 5 of Decree No. 92/2009/ND-CP and Clause 1 Article 1 of Decree No. 29/2013/ND-CP dated April 8, 2013 of the Government amending and supplementing some articles of Decree No. 92/2009/ND-CP.

c) Commune-level civil servants who have not completed the required professional training stipulated in Point b Clause 2 Article 5 of Decree No. 92/2009/ND-CP.

Article 2. Regular Salary Increment System

For the subjects specified in Clause 1 Article 1 of this Circular, if they have not been assigned the final grade in the civil servant cadre (hereinafter referred to as cadre) or in the public official position, senior expert position, or professional position in the judiciary and prosecution sectors (hereinafter referred to as position) they hold, they shall be eligible for regular promotion when they meet the time requirement for holding the grade in the cadre or in the position and satisfy the criteria for regular promotion stipulated in Clauses 1 and 2 of this Article throughout the period of holding the grade as follows:

1. Conditions regarding the time spent at the current grade or position title:

a) Time spent at the current grade for regular salary increment consideration:

- For senior expert positions: If they have not been assigned the final grade in the senior expert salary scale, then after five years (sixty months) of holding the grade in the senior expert salary scale, they shall be eligible for promotion to the next grade;

- For cadres and positions requiring a college degree or higher: If they have not been assigned the final grade in the cadre or in the position, then after three years (thirty-six months) of holding the grade in the cadre or in the position, they shall be eligible for promotion to the next grade;

- For cadres and positions requiring a secondary school degree or lower and administrative and service staff: If they have not been assigned the final grade in the cadre or in the position, then after two years (twenty-four months) of holding the grade in the cadre or in the position, they shall be eligible for promotion to the next grade.

b) Cases included in the time for regular salary increment consideration include:

- Time off work with full pay as prescribed by labor laws;

- Time off work for maternity leave as prescribed by social insurance laws;

- Time off work due to illness, workplace accidents, occupational diseases, and cumulative sick leave up to six months (during the period of holding the grade) as prescribed by social insurance laws;

- Time during which they are dispatched by competent authorities to serve as experts, study, intern, work, or conduct surveys domestically or abroad (including time spent accompanying spouses under government regulations) but remain on the agency's or unit's payroll.

c) Time not included in the time for regular salary increment consideration includes:

- Time off work without pay;

- Time spent working as an expert, studying, training, working, or surveying both domestically and abroad exceeding the period decided by the competent authority;

- Time during which they are suspended from duty, detained, imprisoned, or other non-working periods outside the provisions of Point b Clause 1 of this Article.

The total of such periods not counted towards regular promotion stipulated in this Point (if any) shall be calculated in full months. If there is a partial month, it shall be calculated as follows: less than eleven working days (excluding weekly rest days and paid leave days as provided by labor laws) shall not be counted; eleven working days or more shall be counted as one month.

2. Criteria for Regular Salary Increments:

Subjects specified in Clause 1 Article 1 of this Circular who meet the time requirement for holding the grade in the cadre or in the position stipulated in Clause 1 of this Article and are assessed to have met the following two criteria throughout the period of holding the grade shall be eligible for regular promotion:

a) For officials and civil servants:

- Criterion 1: They are evaluated by competent authorities as having satisfactorily fulfilled their duties but with limitations in capability.

- Criterion 2: They do not violate discipline through reprimand, warning, demotion, or dismissal.

b) For employees and workers:

- Criterion 1: They are evaluated by the competent authority at a level of completing tasks or above;

- Criterion 2: They do not violate discipline through reprimand, warning, or dismissal.

3. Extended time for regular promotion examination:

During the period of holding the current salary grade, if officials, civil servants, public employees, and workers have been notified or decided in writing by the competent authority that they have not completed their assigned annual tasks or have been disciplined with one of the forms of reprimand, warning, demotion, or dismissal, then the time for calculating the regular salary increase will be extended beyond the time specified in Point a Clause 1 of this Article as follows:

a) Extend by 12 months (one year) in the following cases:

- Officials who have been dismissed;

- Civil servants who have been demoted or dismissed;

- Employees and workers who have been dismissed.

b) Extend by 06 (six) months in the following cases:

- Officials and civil servants who have been disciplined with reprimand or warning;

- Public employees and workers who have been disciplined with warning;

- Officials, civil servants, public employees, and workers who have not completed their assigned annual tasks; in the case where there are two consecutive years during the period of holding the grade in which they did not complete their assigned tasks, each year without completing the assigned tasks will extend the time by 06 (six) months.

c) Extend by 03 (three) months for public employees and workers who have been disciplined with reprimand.

d) In the case where both failing to complete assigned tasks and being disciplined occur simultaneously, the time for extending the regular salary increase will be the total of the extension times prescribed in Points a, b, and c of this Clause.

đ) In the case where officials, civil servants, public employees, and workers who are Party members have been disciplined by the Party, it shall be implemented according to the provisions of Clause 6, Article 2 of Decision No. 181-QĐ/TW dated March 30, 2013 of the Politburo on handling disciplinary violations of Party members. The extension of the time for regular salary increase will be based on the disciplinary form decided by the management agency of officials, civil servants, public employees, and workers in accordance with the law.

4. In the case where there is a conclusion from the competent authority that the person was wrongfully suspended, detained, arrested, or disciplined (reprimand, warning, demotion, or dismissal) and later found to be innocent or wrongly accused, the time during which these actions occurred will be recalculated for the regular salary increase system as follows:

a) The time spent under wrongful suspension, detention shall be recalculated into the time for considering regular salary increment.

b) There shall be no extension of the time for considering regular salary increment for disciplinary actions taken due to wrongful acts.

c) The person shall be entitled to back pay and social insurance contributions (including the portion paid by the agency or unit) according to the recalculated salary grades.

Article 3. Early Regular Salary Increment System

1. Early Regular Salary Increment System for outstanding achievements in performing duties:

a) Conditions and entitlements:

The subjects specified in Clause 1, Article 1 of this Circular, who meet the two criteria stipulated in Clause 2, Article 2 of this Circular and have achieved outstanding results in performing their duties recognized in writing by the competent authority, if they have not yet reached the highest salary grade in their position or rank and, as of December 31 of the year under consideration for early promotion, still lack up to 12 months to qualify for a regular salary increase, may be considered for an early promotion of one grade ahead of schedule, with a maximum of 12 months earlier than the time specified in Point a, Clause 1, Article 2 of this Circular.

b) Proportion of early salary increments:

The proportion of officials, civil servants, public employees, and workers (excluding those specified in Clause 2 of this Article) who can be promoted early due to outstanding achievements in performing their duties in one year shall not exceed 10% of the total number of officials, civil servants, public employees, and workers listed in the payroll of the organization. The payroll of the organization is determined based on the decision of the competent authority assigning personnel quotas (for officials and civil servants) or approving the number of staff (for public employees and workers) as of December 31 of the year under consideration for early promotion.

c) Calculation of the number of people within the proportion eligible for early salary increments:

- For every 10 people in the payroll list (excluding the remainder less than 10 people after dividing the total number of people in the payroll list of the organization by 10), the organization is allowed to determine one person eligible for an early promotion due to outstanding achievements.

- Based on the above calculation method, in the fourth quarter of each year, the organization (including organizations with fewer than 10 people in the payroll list) must submit a report to the direct superior management agency to monitor and check the number of people within the ratio eligible for early promotion due to outstanding achievements in the following year and the remainder less than 10 people in their own organization.

- The direct superior management agency will base its decision on the total number of people in the payroll list remaining less than 10 people (including organizations with fewer than 10 people in the payroll list) reported by subordinate agencies and units, as well as the number of people added to the payroll list by the competent authority in the same year in subordinate agencies and units, to allocate additional positions for early promotion due to outstanding achievements outside the 10% ratio of subordinate agencies and units (with priority given to units with fewer than 10 people in the payroll list and agencies and units that have performed their tasks well), but ensuring that the total number of people eligible for early promotion due to outstanding achievements in subordinate agencies and units does not exceed 10% of the total number of people in the payroll list as of December 31 of the year under consideration for early promotion among agencies and units under their management.

- By the end of the first quarter of the following year, if the organization has not fully utilized the number of positions within the ratio for early promotion in the year under consideration for early promotion (including any additional positions allocated by the direct superior management agency, if applicable), it will not be counted towards the ratio for early promotion due to outstanding achievements in subsequent years.

d) The number of times eligible for early promotion due to outstanding achievements in performing duties:

Early promotion due to outstanding achievements in performing duties cannot be granted consecutively twice within the same rank or position.

đ) Determining achievements for early salary increments for outstanding achievements:

- Achievements for early promotion are determined based on the time point when the decision recognizing the achievement is issued, covering the most recent six years for ranks and positions requiring a college degree or higher and four years for ranks and positions requiring a secondary vocational school degree or lower, as of December 31 of the year under consideration for early promotion.

Specifically, for those who have already received an early promotion, all achievements obtained before the decision on early promotion within the specified periods (six years and four years) will not be counted towards eligibility for early promotion in subsequent instances.

- The early promotion of salary grade shall be based on the highest achievement of civil servants, public officials, civil employees, and workers; if the highest achievements are equal, other achievements shall be considered; in cases where there are multiple individuals with similar achievements, priority shall be given according to the regulations on early promotion of salary grades of the agency or unit.

Example: Mr. Nguyen Van A was promoted to a higher salary grade ahead of schedule due to outstanding achievements in performing tasks from Grade 3 with a salary coefficient of 5.08 for the Senior Specialist rank (code 01.002) to Grade 4 with a salary coefficient of 5.42 for the Senior Specialist rank starting from January 1, 2010. On August 1, 2010, Mr. A was awarded the Labor Medal, Third Class, by the President of the State for his outstanding work performance during the period from 2005 to 2009 (this achievement of Mr. A, signed after January 1, 2010, will be considered for his next early promotion of salary grade). According to the regulations of the agency or unit where he works, the award of the Labor Medal, Third Class, entitles him to an early promotion of salary grade by 12 months, but according to the provisions, two consecutive early promotions of salary grade within the same rank are not allowed, so Mr. A is only eligible for a regular promotion from Grade 4 to Grade 5 for the Senior Specialist rank starting from January 1, 2013. On January 1, 2015 (after holding Grade 5 for the Senior Specialist rank for 24 months), if Mr. A meets the conditions for an early promotion of salary grade due to outstanding achievements in the Senior Specialist rank, his work performance from January 1, 2010 to December 31, 2015 (including the award of the Labor Medal, Third Class, on August 1, 2010) will be considered for an early promotion of salary grade.

e) Criteria for early promotion:

The standards and levels of outstanding achievements in performing tasks and the corresponding time for early promotion of salary grade for each level of achievement of civil servants, public officials, civil employees, and workers shall be specifically stipulated in the early promotion of salary grade regulations of the agency or unit by the head of the agency or unit managing such personnel after consultation with the Party committee and the Trade Union Executive Committee at the same level. Based on this provision, civil servants, public officials, civil employees, and workers eligible for annual early promotion of salary grade through collective selection shall not exceed 10% of the total number of such personnel listed in the payroll of the agency or unit.

2. Early promotion system for cadres, civil servants, public officials, and employees who have been notified of retirement:

Civil servants, public officials, civil employees, and workers who have been notified of retirement, if they meet the two criteria specified in Clause 2, Article 2 of this Circular during their tenure and have not yet reached the final salary grade in the rank or position, and if the remaining time from the date of retirement notification to the actual retirement date is less than 12 months to qualify for a regular promotion of salary grade according to the regulations, shall be promoted one salary grade ahead of schedule by 12 months compared to the time specified in Point a, Clause 1, Article 2 of this Circular.

3. In cases where civil servants, public officials, civil employees, and workers are both eligible for early promotion of salary grade due to outstanding achievements in performing tasks and due to retirement notification, such personnel may choose one of the two early promotion of salary grade regimes prescribed in Clauses 1 and 2 of this Article.

Article 4. Organization of Implementation

1. The head of the agency or unit managing cadres, civil servants, public officials, and employees shall be responsible for consulting with the same-level Party committee and Trade Union Executive Committee to implement:

a) Issue the early promotion of salary grade regulation due to outstanding achievements in performing tasks of their own agency or unit, which must clearly specify the standards and levels of outstanding achievements in performing tasks, the corresponding time for early promotion of salary grade for each level of achievement of civil servants, public officials, civil employees, and workers, and the order of priority for early promotion of salary grade for those with similar outstanding achievements to serve as the basis for early promotion of salary grade for the subjects under their management. This regulation must be publicly disclosed within the agency or unit and submitted to the direct superior management agency for management and supervision during implementation.

b) Decide or propose the competent authority to decide according to the current classification to promote the regular salary grade and the early promotion of salary grade (due to outstanding achievements in performing tasks and due to retirement notification) for civil servants, public officials, civil employees, and workers listed in the payroll of the agency or unit.

c) Publicly announcing the list of those promoted regularly and early in the agency or unit.

d) Annually, in the fourth quarter, submit a report to the direct superior management agency on the situation and difficulties encountered in implementing the regular promotion of salary grade and the early promotion of salary grade for civil servants, public officials, civil employees, and workers in the agency or unit according to Model 1 issued together with this Circular; the number of people eligible for early promotion of salary grade due to outstanding achievements and the number of excess people under 10 of the agency or unit for the following year.

2. The head of the immediate superior supervisory agency or unit of the agency or unit shall be responsible for:

Check the results and resolve according to their authority any difficulties encountered in implementing the regular promotion of salary grade and the early promotion of salary grade for civil servants, public officials, civil employees, and workers under their management; compile and report to the Ministry, central sector (if under central management), People's Committee of province or centrally-administered city (if under local management) the results of implementing the regular promotion of salary grade and the early promotion of salary grade in all agencies and units under their management according to Model 1 issued together with this Circular.

3. The Minister, Head of a ministry-level agency, Head of a government agency, Chief Justice of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Chairman of the People's Committee of province or centrally-administered city shall be responsible for:

a) Examine and resolve within their authority any issues arising from the implementation of the regular promotion and early promotion salary grade system at ministries, sectors, and localities; ensure that the annual ratio of early promotions due to outstanding achievements does not exceed 10% of the total number of officials, civil servants, public employees, and workers on the payroll who have been granted early promotions for outstanding achievements in their duties at agencies and units under their management.

b) Decide or delegate authority to decide on regular promotion and early promotion for officials, civil servants, public employees, and workers under their management.

c) Submit a written request to the Ministry of Home Affairs for consensus before signing the Decision on early promotion when outstanding achievements are made in performing tasks (attach minutes of the meeting to review promotion; the regulation on early promotion of the agency or unit; a copy of the decision allocating personnel quotas and the number of staff; a copy of the most recent pay decision and a copy of the decision recognizing outstanding achievements by the competent authority) and when retirement notice is issued (attach a copy of the most recent pay decision and a copy of the retirement notice) for cases where pay grades are assigned at the senior specialist level and equivalent levels within the payroll of ministries, sectors, and localities.

The decision on regular promotion and early promotion for positions managed by the Politburo, the Secretariat of the Central Committee of the Communist Party of Vietnam, and the Standing Committee of the National Assembly shall be implemented according to the current delegation of authority.

d) Annually, in the fourth quarter, compile and report to the Ministry of Home Affairs on the results of regular promotion and early promotion for officials, civil servants, and public employees at the senior specialist level and equivalent levels according to Model No. 2 issued together with this Circular.

4. The General Director of the Vietnam Social Security instructs provincial social insurance agencies to collect social insurance contributions and calculate social insurance benefits for officials, civil servants, public employees, and workers in accordance with the regular promotion and early promotion salary grade system stipulated in this Circular. If irregularities in regular promotion and early promotion are detected, the Provincial Social Insurance Director shall issue a written request to the competent authority managing officials, civil servants, public employees, and workers to re-implement according to the prescribed regulations, and then proceed to settle social insurance benefits for eligible recipients (simultaneously sending one copy to the Ministry of Home Affairs for monitoring and verification).

5. The Ministry of Home Affairs shall inspect the implementation of the regular promotion and early promotion salary grade system in ministries, sectors, and localities; and require ministries, sectors, and localities to revoke decisions on regular promotion and early promotion for officials, civil servants, public employees, and workers that contravene the provisions of this Circular.

Article 5. Effective Date

1. This Circular takes effect from September 15, 2013.

The early salary increment system due to outstanding achievements in performing duties from 2013 for officials, civil servants, public employees, and workers shall be implemented according to the guidelines set out in this Circular.

2. Circular No. 03/2005/TT-BNV dated January 5, 2005, of the Ministry of Home Affairs guiding the implementation of the regular promotion and early promotion salary grade system for officials, civil servants, and public employees, and Section I of Circular No. 83/2005/TT-BNV dated August 10, 2005, of the Ministry of Home Affairs guiding amendments and supplements to the regular promotion salary grade system and other allowances for officials, civil servants, and public employees shall cease to be effective from the date this Circular takes effect.

3. Subjects belonging to the armed forces and personnel engaged in confidential work in confidential organizations shall have separate guidelines.

4. Officials working in public institutions of the Communist Party of Vietnam and political-social organizations shall implement the regular promotion and early promotion salary grade system in accordance with the guidance of the Central Organization Department.

During the implementation process, if any issues arise, Ministries, sectors, localities, and organizations and individuals shall reflect them to the Ministry of Home Affairs for research and resolution./.