Circular No. 10/2023/TT-BNV guides the implementation of the basic salary level for subjects not receiving salaries or allowances in state-owned public institutions of the Party, State, Fatherland Front, political social organizations, and associations.

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE BASIC WAGE LEVEL FOR PERSONNEL RECEIVING SALARIES AND ALLOWANCES IN STATE-OWNED PUBLIC SERVICE ORGANIZATIONS OF THE PARTY, STATE, VIETNAM PEOPLES' COUNCILS FRONT, POLITICAL-SOCIAL ORGANIZATIONS, AND ASSOCIATIONS

Decree No. Government Decree No. 63/2022/NĐ-CP dated September 12, 2022 on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

On the basis of Clause 1, Article 6 of Decree No. 24/2023/NĐ-CP dated May 14, 2023 of the Government stipulating the basic wage level for cadres, civil servants, public officials, and armed forces personnel;

At the proposal of the Director of the Salary Department;

The Minister of Home Affairs issues this Circular to guide the implementation of the basic wage level for personnel receiving salaries and allowances in state-owned public service organizations of the Party, State, Vietnam Peoples' Councils Front, political-social organizations, and associations.

Article 1. Scope of application

1. Cadres and civil servants receiving salaries from the state budget working in central-level Party, State, Vietnam Peoples' Councils Front, and political-social organizations; at provincial-level cities directly under the Central Government; at district-level cities, towns, and provincial-level cities directly under provincial-level cities; and at special administrative-economic units.

2. Public officials receiving salaries from the public service organization's payroll fund in accordance with the law (including cases provided for in Clause 19, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Cadres and Civil Servants and the Law on Public Officials in 2019).

3. Cadres, civil servants, and public officials appointed by competent authorities to work in associations, non-governmental organizations, projects, and international agencies located in Vietnam while still receiving salaries according to the salary scale 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.

4. Personnel working within the authorized establishment quota of associations assigned tasks by the Party and State and supported by the state budget in accordance with Decree No. 45/2010/NĐ-CP dated April 21, 2010 of the Government on the organization, operation, and management of associations (amended and supplemented by Decree No. 33/2012/NĐ-CP dated April 13, 2012 of the Government).

5. Cadres and civil servants at commune, ward, town levels and those engaged in part-time activities at commune level, village, and residential area levels as specified in the following documents:

a) From July 1, 2023, implemented in accordance with Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the positions, number, and certain policies for cadres and civil servants at commune, ward, town levels and those engaged in part-time activities at commune level (amended and supplemented by Decree No. 34/2019/NĐ-CP dated April 24, 2019 of the Government).

b) From August 1, 2023, implemented in accordance with Decree No. 33/2023/NĐ-CP dated June 10, 2023 of the Government on commune-level civil servants and those engaged in part-time activities at commune level, village, and residential area levels.

6. People's Council representatives at all levels receiving activity fees in accordance with current laws.

7. Personnel working in confidential organizations.

8. Persons performing jobs under labor contracts regulated by Decree No. 111/2022/NĐ-CP dated December 30, 2022 of the Government on contracts for certain types of work in administrative agencies and public service organizations that apply the salary system stipulated in 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.

9. The following subjects shall apply this Circular to calculate and determine contribution and benefit levels for social insurance and resolve related salary policies as prescribed by law:

a) Cadres, civil servants, and public officials studying, training, working, treating, and recuperating (domestic and foreign) listed on the payroll of Party, State, political-social organizations, public service organizations, and associations supported by the state budget for operational expenses;

b) Persons in the probationary or trial period (including commune-level civil servant probation) in Party, State, political-social organizations, public service organizations, and associations supported by the state budget for operational expenses;

c) Cadres, civil servants, and public officials temporarily suspended from duty, currently detained, or imprisoned.

Article 2. Interpretation of Terms

1. Political-social organizations as defined in this Circular are those organizations stipulated in Article 1 of Decision No. 128-QĐ/TW dated December 14, 2004 of the Secretariat of the Communist Party Central Committee on the salary system for cadres, civil servants, public officials, and organizations of the Party, Vietnam Peoples' Councils Front, and mass organizations.

2. Associations supported by the state budget for operational expenses as defined in this Circular are those associations stipulated in Article 33 of Decree No. 45/2010/NĐ-CP dated April 21, 2010 of the Government on the organization, operation, and management of associations and Decision No. 68/2010/QĐ-TTg dated November 1, 2010 of the Prime Minister on associations with special characteristics.

3. Organizations, units, and associations as defined in this Circular are collectively referred to as organizations and units.

Article 3. Calculation of Salary Levels, Allowances, and Activity Fees

1. For cadres, civil servants, public officials, and workers specified in Clauses 1, 2, 3, 4, 5, 8, and 9 of Article 1 of this Circular:

Based on the salary coefficient and allowances currently enjoyed as stipulated in the documents of the competent authorities of the Party and State regarding the wage system for cadres, civil servants, public officials, and armed forces, and the basic wage level prescribed in Decree No. 24/2023/NĐ-CP dated May 14, 2023 of the Government on the basic wage level for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 24/2023/NĐ-CP), calculate the salary level, allowance level, and amount of the retention differential coefficient (if applicable) as follows:

a) Formula for calculating the salary level:

b) Formula for calculating the allowance level:

- For allowances calculated based on the basic wage level:

- For allowances calculated based on the percentage of the current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable):

- For allowances specified in specific monetary amounts, maintain them according to the current regulations.

c) Formula for calculating the amount of the retention differential coefficient (if applicable):

2. For representatives of People's Councils at all levels specified in Clause 6 of Article 1 of this Circular:

Based on the activity fee coefficient for representatives of People's Councils at all levels as prescribed by current laws, calculate the activity fee level using the following formula:

3. For those working part-time at commune level, village, and neighborhood association levels specified in Clause 5 of Article 1 of this Circular:

a) From July 1, 2023, the subsidy fund allocated by the state budget for each commune, village, and neighborhood association as stipulated in Clauses 5 and 6 of Article 2 of Decree No. 34/2019/NĐ-CP dated April 24, 2019 of the Government shall be calculated based on a basic wage level of 1,800,000 VND/month. The specific level of subsidies for these subjects shall be implemented according to the provisions of Clauses 5 and 6 of Article 2 of Decree No. 34/2019/NĐ-CP.

b) From August 1, 2023, the subsidy fund allocated by the state budget for each commune, village, and neighborhood association as stipulated in Clauses 1 and 2 of Article 34 of Decree No. 33/2023/NĐ-CP dated June 10, 2023 of the Government shall be calculated based on a basic wage level of 1,800,000 VND/month. The specific level of subsidies for these subjects shall be implemented according to the provisions of Clauses 1 and 2 of Article 34 of Decree No. 33/2023/NĐ-CP.

4. For personnel working in confidential organizations specified in Clause 7 of Article 1 of this Circular:

a) Personnel working in confidential organizations under the management of the Ministry of National Defense and the Ministry of Public Security shall follow the guidance of the Minister of National Defense and the Minister of Public Security;

b) Personnel working in confidential organizations within Party and State agencies, political-social organizations (not under the management of the Ministry of National Defense and the Ministry of Public Security) shall calculate the salary level, allowance level, and amount of the retention differential coefficient (if applicable) according to the calculation method prescribed in Clause 1 of Article 3 of this Circular.

Article 4. Effective date

1. This Circular takes effect from July 1, 2023.

2. This Circular replaces Circular No. 04/2019/TT-BNV dated May 24, 2019 of the Minister of Home Affairs guiding the implementation of the basic wage level for subjects receiving salaries and allowances in Party and State agencies, public institutions, and associations.

3. Deductions and benefits calculated based on the basic wage level shall be recalculated accordingly from July 1, 2023.

Article 5. Responsibilities for Implementation

1. Heads of agencies and units directly managing the subjects receiving salaries, allowances, and activity fees as stipulated in Article 1 of this Circular shall base their calculations of salary levels, allowance levels, amounts of the retention differential coefficient (if applicable), and activity fees on the number of subjects as of July 1, 2023, following the guidance provided in this Circular.

2. The determination of needs, sources, and methods of expenditure for implementing the basic wage level according to Decree No. 24/2023/NĐ-CP shall be carried out according to the guidance of the Minister of Finance.

During the implementation process, if there are any difficulties, please report them to the Ministry of Home Affairs for study and resolution./.