Circular No. 09/2015/TT-BQP guiding the implementation of allowances for leadership positions and ensuring funds for policies and benefits for officers on special assignment

CIRCULAR

Guidelines for Implementing the Subsidy System for Leadership Positions and Ensuring Funding for Implementing Policies for Detached Officers

Ensuring funding for implementing policies for detached officers

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Pursuant to Decree No. 165/2003/NĐ-CP dated December 22, 2003 of the Government on the assignment of officers from the Vietnam People's Army;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces personnel, which has been amended and supplemented by Decrees No. 76/2009/NĐ-CP dated September 15, 2009, No. 14/2012/NĐ-CP dated March 7, 2012, and No. 17/2013/NĐ-CP dated February 19, 2013 of the Government (hereinafter referred to as Decree No. 204/2004/NĐ-CP as amended and supplemented);

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Director of the Finance Department under the Ministry of National Defense,

The Minister of National Defense issues this Circular guiding the implementation of the subsidy system for leadership positions and ensuring funding for implementing policies for detached officers.

Article 1. Scope of Regulation

This Circular guides the implementation of the subsidy system for leadership positions for detached officers who are appointed or relieved of leadership positions according to the cadre leadership and management positions of the agencies or organizations where the officers are assigned; ensuring funding for implementing policies for detached officers.

Article 2. Applicability

This Circular applies to detached officers, agencies and units under the Ministry of National Defense, and organizations and individuals related to the implementation of the subsidy system for leadership positions and ensuring funding for implementing policies for detached officers.

Article 3. Principles for Implementing the Subsidy System for Leadership Positions for Detached Officers

1. An officer assigned to hold a leadership position shall enjoy the subsidy level corresponding to that leadership position. If an individual holds multiple leadership positions, only the highest subsidy level will be implemented. A person entrusted with the authority to assume a leadership position shall also receive the leadership position subsidy equivalent to the corresponding leadership position.

2. In cases where an officer assigned to a leadership position receives a higher subsidy level than before the assignment, they shall enjoy the new subsidy level from the date the appointment decision becomes effective.

3. In cases where an officer assigned to a leadership position receives a lower leadership position than before the assignment, the previous subsidy level shall be maintained for six months; from the seventh month onwards, the new subsidy level shall apply.

4. In cases where an officer currently receiving a leadership position subsidy is reassigned to a place without a leadership position subsidy, the previous subsidy level shall be maintained for six months; from the seventh month onwards, the leadership position subsidy shall cease.

5. Upon ceasing the detached assignment duty, the leadership position subsidy for the officer shall be implemented in accordance with Clause 1, Part IV of Circular No. 05/2005/TT-BQP dated January 5, 2005 of the Ministry of National Defense guiding the implementation of the salary system for military personnel, defense public officials receiving salaries or living expenses from state budget funds.

Article 4. Documentation, Procedures for Implementation, Levels of Enjoyment, and Calculation Method for Leadership Position Subsidies for Detached Officers

1. Documents

a) Decision on assigning officers for detachment;

b) Decision on appointing or relieving of leadership positions of the agency using the detached officer, or a notification from the agency using the detached officer regarding the appointed or relieved leadership position and the coefficient of the appointed leadership position subsidy.

2. Procedures for Implementation

a) The agency using the detached officer shall unify personnel with the unit dispatching the detached officer, issue a decision on appointing or relieving the leadership position of the detached officer, and notify in writing the unit dispatching the detached officer about the appointed or relieved leadership position and the coefficient of the appointed leadership position subsidy.

b) The unit dispatching the detached officer shall base on the documentation stipulated in Clause 1 of this Article and Article 3 of this Circular to pay the leadership position subsidy for the detached officer.

c) In cases where the unit dispatching the detached officer sends a letter seeking opinions on the leadership position subsidy for the detached officer, if no written response is received from the agency using the detached officer within one month, the unit dispatching the detached officer shall report to the competent authority (the authority issuing the decision on detaching the officer) for consideration and decision.

3. Level of Leadership Position Subsidy

The level of leadership position subsidy shall be applied in accordance with the following documents:

a) The level of leadership position subsidy in the Military is applied in the Table of Leadership Position Subsidies for the Vietnam People's Army and the People's Public Security Force issued together with Decree No. 204/2004/NĐ-CP.

b) The level of leadership position subsidy (if any) for detached officers at the agency using the detached officer shall be applied in accordance with the following documents:

- The Table of Leadership Position Subsidies issued together with Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the table of leadership positions' salaries and subsidies for state leaders; the table of specialized and vocational salaries for the judiciary and prosecution sectors;

- The Table of Leadership Position Subsidies issued together with Resolution No. 1003/2006/NQ-UBTVQH11 dated March 3, 2006 of the Standing Committee of the National Assembly approving the table of salaries and subsidies for National Audit Office leaders; the table of salaries, subsidies, and uniforms for National Audit Office officials; the preferential treatment system for state auditors;

- The Table of Leadership Position Subsidies issued together with Decision No. 128-QĐ/TW dated December 14, 2004 of the Politburo on the salary system for Party, mass organizations, and front bodies' cadres, civil servants, and public officials, which has been amended and supplemented by Decision No. 275-QĐ/TW dated December 4, 2009 of the Politburo.

- The Table of Leadership Position Subsidies issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces personnel, which has been amended and supplemented by Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government.

4. Calculation Method

The leadership position allowance is paid together with the monthly salary and is used to calculate contributions and benefits under the social insurance regime.

Article 5. Ensuring funds for implementing policies towards dispatched officers

1. Ensuring salaries and allowances: The unit dispatching dispatched officers must ensure their salaries, allowances according to the salary, and leadership position allowances (if applicable). The unit that pays the salary of the dispatched officer will pay together with the monthly salary.

2. In cases where dispatched officers fall ill, have accidents, or pass away, the unit dispatching the dispatched officers shall take the lead and coordinate with the using agency to ensure policies and benefits for the dispatched officers as if they were working at the dispatching unit.

3. The unit dispatching dispatched officers must ensure funds to organize training, provide necessary military and national defense information; funds to summon dispatched officers as required by the unit.

4. Special profession allowances (if applicable), travel expenses, welfare benefits, working conditions and means, provision of information, vocational and professional training are implemented according to Clause 2, Article 15 of Decree No. 165/2003/NĐ-CP.

Article 6. Sources of funding for implementation

The Ministry of National Defense ensures the budget for the contents stipulated in Clause 1, 2, and 3 of Article 5 of this Circular, including:

1. The source of funds for implementing salaries and allowances according to the salary and leadership position allowances (if applicable) is guaranteed by the state budget and allocated in the annual state budget estimate of the unit dispatching dispatched officers according to the current state budget management hierarchy.

2. The source of funds for implementing illness, accident, or death benefits (if applicable) is guaranteed by the state budget and the Social Insurance Fund according to the provisions of the law.

3. Funds for paying salaries to dispatched officers performing national defense education and security tasks are recorded in Category 460, Sub-item 468, Item 6000, Sub-item 6101, Section 10, Sector 00 in the State Budget Classification System applied in the Military.

4. Funds for paying allowances according to the salary and leadership position allowances (if applicable) for dispatched officers performing national defense education and security tasks are recorded in Category 460, Sub-item 468, Item 6100, corresponding sub-items for each type of allowance, Section 10, Sector 00 in the State Budget Classification System applied in the Military.

Article 7. Effective Date

1. This Circular takes effect from April 20, 2015.

2. The policies stipulated in this Circular shall be implemented from the date the decision on the transfer of dispatched officers becomes effective.

Article 8. Responsibility for Implementation

1. The Political General Department shall take the lead and coordinate with relevant agencies of the Ministry of National Defense to be responsible for disseminating, guiding, inspecting, and supervising the implementation of the provisions of this Circular.

2. The Director of the Finance Department/MND, heads of agencies, units, organizations, and individuals related to this matter are responsible for implementing this Circular.

During the implementation process, any issues encountered should be reported to the Ministry of National Defense (through the Finance Department/MND) for review, amendment, and supplementation as appropriate./.