Decree No. 08/2019/NĐ-CP on certain regulations for members of Vietnamese agencies abroad

DECREE

REGULATIONS ON CERTAIN BENEFITS FOR

MEMBERS OF VIETNAMESE AGENCIES ABROAD

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Representative Agencies of the Socialist Republic of Vietnam Abroad dated June 18, 2009, and the Law Amending and Supplementing Certain Provisions of the Law on Representative Agencies of the Socialist Republic of Vietnam Abroad dated November 21, 2017;|||Pursuant to the Report on the Conclusion of the 29th Meeting of the Standing Committee of the National Assembly at Circular No. 2587/TB-TTKQH dated December 14, 2018 of the Office of the National Assembly;

The Government promulgates this Decree amending and supplementing certain provisions of the Decree No. 148/2016/NĐ-CP dated October 4, 2016 of the Government guiding the implementation of certain provisions of the Market Management Ordinance.

Pursuant to the Law on Public Officials dated November 15, 2010;

Pursuant to the State Budget Law dated June 25, 2015;

The Government promulgates this Decree stipulating certain benefits for members of Vietnamese agencies abroad.ngThis Decree stipulates living allowances, subsidies, grants, health insurance, working hours, and other benefits for members of Vietnamese agencies abroad who are paid from the State budget or revenue from the State budget, their spouses and minor children accompanying them, and other relevant provisions.ng1. Members of Vietnamese agencies abroad, their spouses, and minor children accompanying them.ý2. Agencies and organizations related to ensuring and implementing the benefits prescribed in this Decree.

At the proposal of the Minister of Foreign Affairs;

1. Vietnamese agencies abroad include representative agencies of the Socialist Republic of Vietnam abroad (hereinafter referred to as Vietnamese representative agencies abroad) and other Vietnamese agencies abroad.

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

Vietnamese representative agencies abroad include diplomatic representative agencies, consular representative agencies, and representative agencies at international organizations performing the function of officially representing the State of Vietnam in relations with receiving countries, territories, and international organizations as provided for in the Law on Representative Agencies of the Socialist Republic of Vietnam Abroad.

Article 2. Scope of Application

Other Vietnamese agencies abroad are agencies not part of the organizational structure of Vietnamese representative agencies abroad, funded from the State budget or other sources as prescribed by law, established abroad by ministries, government agencies, and other central agencies in accordance with the law.

2. Members of Vietnamese agencies abroad are civil servants, public officials, employees, and workers paid from the State budget; officers, professional military personnel, public officials, and workers paid from the State budget working in armed forces units, dispatched by competent authorities to serve terms of duty at Vietnamese agencies abroad as prescribed in the Law on Representative Agencies of the Socialist Republic of Vietnam Abroad, the Law Amending and Supplementing Certain Provisions of the Law on Representative Agencies of the Socialist Republic of Vietnam Abroad, and other related regulations.

Article 3. Explanation of terms

In this Decree, the following terms are understood as follows:

3. Spouse refers to the wife or husband of a member of Vietnamese agencies abroad.

4. Basic living allowance rate is the standard amount in US dollars applicable to all locations.

5. Location coefficient is a standardized factor used to assess the ease or difficulty of each location where Vietnamese agencies abroad have offices.

6. Living allowance index corresponds to the diplomatic rank or position of members of Vietnamese agencies abroad.

3. Spouse means the wife or husband of a member of a Vietnamese agency abroad.

4. The basic living allowance rate is the standard amount calculated in US dollars applicable to all areas.

5. The area coefficient is a stipulated factor for assessing the degree of convenience or difficulty of each area where a Vietnamese agency has its office abroad.

6. The living cost index corresponds to the diplomatic rank or position of a member of a Vietnamese agency abroad.

Article 4. Basis and Principles for Determining the Living Allowance System for Members of Vietnamese Agencies Abroad

1. The living allowance system, subsidies, and other benefits shall be established based on material and spiritual needs, ensuring a normal life and activities, and guaranteeing the successful completion of tasks by members of Vietnamese agencies abroad and their spouses, in accordance with the country's economic conditions, the special nature of foreign affairs work, and specific circumstances of the working area.

2. The living allowance is determined as follows: The living allowance equals the base living allowance level multiplied by the location coefficient and then by the living allowance index, wherein:

a) The base living allowance level is determined to ensure common needs for food, essential expenses, and some cultural and spiritual needs for members of Vietnamese agencies abroad, in line with the country's economic conditions and the special nature of foreign affairs work.

b) The location coefficient is determined based on a synthesis of factors including security-political environment, natural-climatic environment, cultural-social environment, educational conditions, healthcare conditions, geographical distance, cost of living, workload intensity, attractiveness of the location... of areas where Vietnamese agencies have offices abroad.

c) The living allowance index is determined based on the standard title and position appointed at Vietnamese agencies abroad and the current salary coefficient in Vietnam of members of Vietnamese agencies abroad. The living allowance index for spouses is determined according to the standard title and position of their spouse who is a member of Vietnamese agencies abroad.

3. Principles for Applying the Living Allowance System:

a) The living allowance system is uniformly applied to all members of Vietnamese agencies abroad.

b) Individuals holding diplomatic positions or higher titles receive a higher living allowance index.

Chapter II

SPECIFIC PROVISIONS

Article 5. Living Allowance System

2. The location coefficient includes five levels: 1.0; 1.1; 1.2; 1.3 and 1.4.

The Ministry of Foreign Affairs shall issue a List classifying Vietnamese agencies abroad according to the location coefficient after obtaining the unified opinion of the Ministry of Finance.

3. The lowest living allowance index is 100% and the highest is 250%, determined according to the system of standard titles and diplomatic positions of members of Vietnamese agencies abroad and the current salary coefficient in Vietnam.

The living allowance index is specifically stipulated in the decision appointing them for duty terms at Vietnamese agencies abroad.

Accompanying this Decree are 05 Living Allowance Index Tables (Appendices attached), including:

a) Table 1: Applied to members of Vietnamese representative agencies abroad holding diplomatic positions.

b) Table 2: Applied to members of Vietnamese agencies abroad not holding diplomatic positions.

c) Table 3: Applied to members of Vietnamese agencies in the security-defense sector not holding diplomatic positions.

d) Table 4: Applied to administrative, technical, and logistical staff.

đ) Table 5: Applied to spouses.

Article 6. Allowance System

1. Ambassadors and Heads of Vietnamese agencies abroad who are assigned by competent authorities to concurrently perform duties in another country or international organization in another country shall be entitled to area allowance for concurrent duty as follows: Concurrently performing duties in one to two countries or international organizations in another country shall be entitled to a rate of 15% of the basic living expense multiplied by the area coefficient; concurrently performing duties in three or more countries or international organizations in another country shall be entitled to a rate of 20% of the basic living expense multiplied by the area coefficient.

2. In cases where Vietnamese agencies abroad cannot allocate sufficient members according to approved staffing, members of Vietnamese agencies abroad assigned by competent authorities to concurrently perform work from other staffing plans shall be entitled to a rate of 15% of the basic living expense multiplied by the area coefficient.

3. Female members of Vietnamese agencies abroad shall be entitled to a monthly allowance of 5% of the basic living expense multiplied by the area coefficient.

Article 7. Subsidy System

1. Members of Vietnamese agencies abroad working on a term basis in areas experiencing armed conflict, natural disasters, severe epidemics threatening lives, or under particularly difficult working conditions shall be entitled to a monthly subsidy equal to 30% of the basic living expense multiplied by the area coefficient.

Based on reports from Heads of Vietnamese representative agencies abroad and considering the actual situation at the location, the Minister of Foreign Affairs shall decide on the location and duration of entitlement to this subsidy after obtaining the unified opinion of the Ministry of Finance.

2. Members of Vietnamese agencies abroad who are injured or die during their term of service abroad, in addition to the provisions stipulated in the Law on Public Officials and Civil Servants and the Law on Public Service Officers, shall be entitled to state subsidies, specifically:

a) A one-time subsidy equivalent to three times the basic living expense if they suffer injuries reducing their ability to work by 21% or more.

b) A one-time subsidy equivalent to seven times the basic living expense if they die.

Article 8. Health Insurance Examination and Treatment System

1. Members of Vietnamese agencies abroad shall be supported in purchasing health insurance for examination and treatment abroad.

2. Based on the development conditions of Vietnam's economy and society, the Minister of Finance shall provide detailed guidance on the level of support under this provision.

Article 9. Other Systems

1. Members of Vietnamese agencies abroad shall have the State pay for housing expenses, electricity, water, fuel, cable television subscription fees, telephone subscription fees, and internet subscription fees; they shall be entitled to 40% of their current salary plus leadership position allowances, seniority allowances (if applicable), and seniority allowances exceeding the standard (if applicable) as in the domestic context, and continue to contribute to social insurance as when working domestically.

2. Members of Vietnamese agencies abroad shall be entitled to a lump sum allowance for the entire term to purchase diplomatic attire and essential personal items during the term of service (suit, tie, shoes, seasonal coats...).

3. Airfare (or other means of transportation) and baggage fees for term-based official travel:

a) Members of Vietnamese agencies abroad, when leaving Vietnam to the place of duty and upon completion of the term, shall be reimbursed for travel expenses from their residence to the airport, train station, bus terminal, and vice versa; they shall be entitled to the standard economy class airfare, if traveling by other means, the fare of the means of transportation shall be reimbursed.

b) Heads of Vietnamese representative agencies abroad shall be entitled to the standard business class airfare when first arriving at the place of duty and upon completion of the term returning to Vietnam; when traveling to present credentials and conclude the term in concurrently served countries, when traveling with local officials or organized by diplomatic delegations, and when traveling to the local area based on job requirements. If traveling by train, they shall be entitled to the standard first-class carriage fare.

c) Members of Vietnamese agencies abroad, when traveling to the place of duty and upon completion of the term returning to Vietnam, shall be reimbursed for a quota of 50 kg of baggage fee per trip based on the tariff set by the airline (excluding the free baggage allowance according to the airline's regulations).

4. Members of Vietnamese agencies abroad shall be reimbursed for round-trip airfare or round-trip tickets of other means of transportation back to Vietnam or a third country during their term of service when their father, mother, father-in-law, mother-in-law, adoptive father, adoptive mother (as prescribed by law), spouse, biological child, adopted child (as prescribed by law) pass away in Vietnam or a third country.

5. Members of Vietnamese agencies abroad shall be entitled to travel expenses when traveling within the host country or to another country.

6. Members of Vietnamese agencies abroad who work night shifts or overtime shall be arranged for compensatory leave or entitled to overtime allowances.

7. Members of Vietnamese agencies abroad and family members accompanying them shall be exempted from import tax on movable property when concluding the term and returning to Vietnam.

8. Female members of Vietnamese agencies abroad shall be entitled to maternity leave according to the regulations of the social insurance law.

9. The Minister of Finance shall provide detailed guidance on the provisions from Clause 1 to Clause 7 of this Article.

Article 10. Working Hours and Rest Regime

1. The working hours per day are 08 hours, and a week's work consists of 05 days.

2. Members of Vietnamese agencies abroad are entitled to rest with full subsistence allowance during annual leave, public holidays, Tet holidays, personal leave as prescribed by labor laws, and on official holidays of the host country.

Article 11. Spouse Allowance System

1. The spouse accompanying a member of a Vietnamese agency abroad for a term of service shall be entitled to a subsistence allowance as stipulated in Point d Clause 3 Article 5 of this Decree.

2. If the spouse of a member of a Vietnamese agency abroad cannot accompany due to difficult family circumstances or difficult and dangerous areas, they shall be entitled to 50% of the subsistence allowance as stipulated in Point d Clause 3 Article 5 of this Decree.

3. When leaving Vietnam to go to the place of duty and upon completion of the term of service, the spouse shall be reimbursed for travel expenses from their residence to the airport, train station, bus station, and vice versa; they shall be entitled to economy class airfare standards, if traveling by other means, they shall be reimbursed according to the fare of that means. The spouse of the Head of the Overseas Representative Office shall be entitled to the same class ticket as the Head of the Overseas Representative Office if traveling together.

4. The spouse shall be reimbursed for round-trip air tickets or round-trip tickets of other means of transportation back to Vietnam or a third country during the term of service when the spouse's father, mother, father-in-law/mother-in-law, foster father/foster mother as prescribed by law, husband/wife, biological child, adopted child as prescribed by law dies in Vietnam or a third country.

5. The spouse accompanying a member of a Vietnamese agency abroad for a term of service shall be reimbursed for the cost of purchasing clothing and essential personal items allocated for the entire term of service based on the level of the spouse's husband/wife who is a member of a Vietnamese agency abroad.

6. The spouse traveling to the place of duty and returning home at the end of the term of service shall be reimbursed for 50 kg of luggage per trip based on the airline's freight rate (excluding the free baggage allowance as prescribed by the airline).

7. The spouse serving in areas where armed conflicts, natural disasters, severe epidemics threatening lives, or under particularly difficult working conditions shall be entitled to a monthly allowance as prescribed for members of Vietnamese agencies abroad in Clause 1 Article 7 of this Decree.

8. The spouse accompanying a member of a Vietnamese agency abroad for a term of service shall be entitled to health insurance benefits as prescribed for members of Vietnamese agencies abroad.

9. The spouse shall be entitled to compensation if injured or killed during the term of service as prescribed for members of Vietnamese agencies abroad in Clause 2 Article 7 of this Decree.

10. The spouse accompanying a member of a Vietnamese agency abroad for a term of service shall be entitled to a monthly allowance equal to 5% of the base subsistence allowance multiplied by the location coefficient.

11. The spouse who is a civil servant, officer, professional soldier, employee, or worker receiving salary from the state budget, or an officer, professional soldier, employee, or worker receiving salary from the state budget working in the armed forces, during the period of enjoying the spouse allowance system at a Vietnamese agency abroad, shall be entitled to 40% of the current salary plus position allowance, seniority allowance (if applicable), and seniority allowance exceeding the ceiling (if applicable) in the domestic context, continue to pay social insurance, and have the domestic agency implement the salary increment system as prescribed by the State, upon completion of the term of service abroad and returning home, they shall be re-employed in the original agency.

12. The spouse who is not a civil servant, officer, professional soldier, employee, or worker receiving salary from the state budget, but has a history of mandatory or voluntary social insurance contributions before accompanying a member of a Vietnamese agency abroad for a term of service, shall continue to pay social insurance as prescribed by the law on social insurance.

13. The Minister of Finance shall provide detailed guidance on the levels of allowances prescribed in this Article.

Article 12. Regulations for minor children accompanying Vietnamese agency members abroad

1. Minor children accompanying Vietnamese agency members abroad shall be supported with tuition fees, specifically as follows:

a) Tuition fee support is provided on a monthly basis during the school year, applicable to cases where actual tuition fees are paid in the host country.

b) The maximum level of tuition fee support is equal to 50% of the basic living allowance. The level of support will be reviewed and adjusted appropriately based on the conditions of Vietnam's economic and social development.

c) The condition for receiving tuition fee support is that there are no policies of free tuition for children of Vietnamese agency members in public schools in the local area, or that the children of Vietnamese agency members must attend private schools.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Source of Funding

The funding for implementing the regulations stipulated in this Decree shall be allocated from the annual state budget estimates of Vietnamese agencies abroad and other lawful sources as prescribed by law.

Article 14. Effective Date

1. This Decree takes effect from March 11, 2019.

2. The provisions of this Decree shall apply starting from July 1, 2018.

3. The Decrees No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working on assignment at Vietnamese agencies abroad, and Decree No. 48/2012/NĐ-CP dated June 4, 2012 amending and supplementing certain articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working on assignment at Vietnamese agencies abroad are hereby repealed.

Article 15. Responsibility for Guidance on Implementation

The Minister of Foreign Affairs and the Minister of Finance are responsible for guiding the implementation of the provisions assigned in this Decree.

Article 16. Responsibility for Organizing Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Heads of Vietnamese agencies abroad are responsible for implementing this Decree.