Joint Circular No. 09/2008/TTLT-BTP-BNV-BTC guiding the implementation of Decision No. 86/2007/QĐ-TTg dated June 11, 2007 of the Prime Minister on the allowance system for civil servants in the field of civil enforcement based on their profession.

JOINT CIRCULAR

Guidelines for implementing Decision No. 86/2007/QĐ-TTgg dated June 11

2007 of the Prime Minister on the allowance for responsibility according to profession for civil enforcement examiners

Based on Decision No. 86/2007/QĐ-TTg dated June 11, 2007 of the Prime Minister on the allowance for responsibility according to profession for civil enforcement examiners. The Ministry of Justice, the Ministry of Home Affairs, and the Ministry of Finance provide guidelines for implementing the allowance for responsibility according to profession for civil enforcement examiners as follows:

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Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;

I. OBJECTS OF APPLICATION AND ALLOWANCE LEVELS

The objects applying for the allowance for responsibility according to profession for the ranks of civil enforcement examiners in civil enforcement management agencies and civil enforcement agencies include those specified in Clause 1, Article 1 of Decision No. 86/2007/QĐ-TTg dated June 11, 2007 of the Prime Minister on the allowance for responsibility according to profession for civil enforcement examiners (hereinafter referred to as Decision No. 86/2007/QĐ-TTg).

Allowance level

a) Cadres, civil servants, public officials, and workers as stipulated in Article 2 of Decree No. 178/2024/NĐ-CP dated December 31, 2024 (amended and supplemented by Decree No. 67/2025/NĐ-CP dated March 15, 2025) of the Government on policies and treatment for cadres, civil servants, public officials, workers, and armed forces personnel in the process of organizational restructuring of the political system, having a total mandatory social insurance contribution period of at least 15 years when working in heavy, hazardous, or dangerous jobs or extremely heavy, hazardous, or dangerous jobs listed by the agency under the Government responsible for labor administration, or working in areas with particularly difficult socio-economic conditions including time worked in places with regional allowances of coefficient 0.7 or higher before January 1, 2021, and reaching the retirement age as specified in Appendix II issued together with Decree No. 135/2020/NĐ-CP, ceasing work immediately due to direct impact from organizational restructuring and implementation of the two-level local government model;

a) Senior civil enforcement examiners are entitled to an allowance for responsibility according to profession equal to 15% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable);

b) Principal civil enforcement examiners are entitled to an allowance for responsibility according to profession equal to 20% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable);

c) Civil enforcement examiners are entitled to an allowance for responsibility according to profession equal to 25% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable).

II. PRINCIPLES OF APPLICATION

1. The objects entitled to the allowance for responsibility according to profession as stipulated in Clause 1, Section I of this Circular are those who have been appointed to the ranks of civil enforcement examiners by competent authorities in accordance with the law;

2. Officials and civil servants appointed to the rank of civil enforcement examiner shall be entitled to the allowance for responsibility according to profession as prescribed for that rank;

3. In the cases stipulated in Clause 1, Section I of this Circular, the allowance for responsibility according to profession shall not be granted in the following situations:

a) When transferring to another civil service rank, retiring, resigning, or being transferred or reassigned to another agency not under the civil enforcement management agency or civil enforcement agency;

b) During periods of working abroad, studying abroad, or participating in training programs outside the country, receiving 40% of the salary as prescribed in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for officials, civil servants, public employees, and armed forces;

c) During continuous periods of domestic study lasting three months or more;

d) During continuous periods of leave without pay lasting one month or more;

e) During periods of sick leave or maternity leave exceeding the time limit prescribed by the Law on Social Insurance;

d) In the case where an individual is appointed to a higher rank of civil enforcement examiner (promotion) and the total salary plus allowance for responsibility according to profession at the new rank is lower than that at the previous rank, the difference between the total salary plus allowance for responsibility according to profession at the previous rank and that at the new rank will be retained until the individual receives the next promotion at the new rank.

Mr. Nguyen Van H, Civil Enforcement Examiner, currently classified at grade 7 with a coefficient of 4.32 for the civil enforcement examiner rank (code 03.230); the period for the next salary increase is calculated from October 1, 2005.

State Audit officials, civil servants, and staff currently working at the State Audit Office shall be provided uniforms as follows:

4. The total monthly salary plus allowance for responsibility according to profession of Mr. H at the civil enforcement examiner rank in March 2008 is:

Example 1: (4.32 x 540,000) + (4.32 x 540,000 x 25%) = 2,916,000 VND/month.

On April 1, 2008, Mr. H was appointed to the principal civil enforcement examiner rank (code 03.231), classified at grade 1 with a coefficient of 4.40; the period for the next salary increase is calculated from October 1, 2005.

The total monthly salary plus allowance for responsibility according to profession of Mr. H at the principal civil enforcement examiner rank,

in April 2008

is (4.40 x 540,000) + (4.40 x 540,000 x 20%) = 2,851,200 VND/month. Since the total salary plus allowance for responsibility according to profession calculated based on the newly appointed rank is lower than that when he was at the previous rank, Mr. H retains the difference of 64,800 VND (2,916,000 VND - 2,851,200 VND) until he receives the next promotion at the newly appointed rank (grade 2 with a coefficient of 4.74 for the principal civil enforcement examiner rank). is:

III. METHODS OF CALCULATION, PAYMENT METHODS, AND FUNDS FOR IMPLEMENTATION

1. Calculation method

The amount of the allowance for responsibility

Current professional coefficient plus leadership position coefficient and percentage (converted to coefficient) of seniority allowance exceeding the ceiling (if applicable)

Example 2: Mr. B, Head of a specialized department in a provincial civil enforcement agency, currently receiving a coefficient of 4.74 at grade 2 for the principal civil enforcement examiner rank (code 03.231) and receiving a leadership position allowance of 0.4.

The amount of the allowance for responsibility according to profession of Mr. B in one month (May 2008) is:

(4.74 + 0.4) x 540,000 VND/month x 20% = 555,120 VND/month.

Example 3: 2. Payment methods for the allowance for responsibility according to profession for civil enforcement examiners

a) Those entitled to the allowance for responsibility according to profession for civil enforcement examiners within the payroll of a particular agency shall be paid by that agency;

b) The allowance for responsibility according to profession for civil enforcement examiners shall be paid together with the monthly salary and shall not be used to calculate contributions or benefits under social insurance or health insurance.

3. Funding sources

a) The entity that pays the salary for a civil enforcement examiner who is part of its staff shall be responsible for paying the occupational responsibility allowance for such examiner;

b) The occupational responsibility allowance for a civil enforcement examiner shall be paid concurrently with the monthly salary and shall not be used to calculate contributions or benefits under social insurance or health insurance schemes.

3. Funding source

The source of funds for implementing the occupational responsibility allowance for civil enforcement inspectors shall be allocated from the state budget guaranteed by the State Budget Law and Circulars guiding the determination of needs, sources, and methods of expenditure for salary reform issued by the Ministry of Finance.

IV. EFFECTIVE DATE

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

2. The occupational responsibility allowance for civil enforcement inspectors shall be implemented from the date Decision No. 86/2007/QĐ-TTg takes effect. Those individuals appointed to the position of civil enforcement inspector after July 19, 2007 (the effective date of Decision No. 86/2007/QĐ-TTg) shall enjoy the responsibility allowance from the date of their appointment.

Any difficulties encountered during implementation should be reported by ministries, sectors, and localities to the Ministry of Justice for unified research and resolution by the Ministry of Home Affairs and the Ministry of Finance./.