Circular No. 11/LD-LH guiding the implementation of the seniority allowance exceeding the salary scale

CIRCULAR

Guidelines for Implementing the Seniority Allowance Beyond the Framework

Pursuant to Point 4, Article 5 of Decree No. 235-HĐBT dated September 18, 1985 of the Council of Ministers, the Ministry of Labor issues guidelines for implementing the seniority allowance beyond the framework as follows:

I. PURPOSE AND SIGNIFICANCE

Implementing the seniority allowance beyond the framework aims to encourage workers and officials who have reached the highest level of the salary grade or position framework to remain dedicated to their work, accumulate and utilize their knowledge and experience to better fulfill their assigned tasks and responsibilities.

II. ELIGIBLE RECIPIENTS OF THE SENIORITY ALLOWANCE BEYOND THE FRAMEWORK

The eligible recipients of the seniority allowance beyond the framework are workers and officials currently working in state enterprises and agencies who have reached the highest level of the salary grade or position framework according to the salary scales specified in Decree No. 235-HĐBT dated September 18, 1985, including workers receiving special skill allowances as stipulated in Point 3 of Decision No. 97-CT dated April 14, 1986 of the Chairman of the Council of Ministers.

Workers and officials who have already received special seniority allowances as provided for in Point 3, Article 5 of Decree No. 235-HĐBT and Circular No. 19-LĐ/TT dated November 14, 1985 of the Ministry of Labor are not eligible for the seniority allowance beyond the framework.

III. PRINCIPLES FOR APPLYING THE SENIORITY ALLOWANCE BEYOND THE FRAMEWORK

Based on the principle that "one receives pay according to the job or position held, when changing jobs or positions, one receives pay according to the new job or position without retaining the old salary," the application of the seniority allowance beyond the framework for workers and officials working at state enterprises and agencies is regulated as follows:

1. For workers paid according to five salary scales from A1 to A5 attached to Decree No. 235-HĐBT, based on the occupation they are engaged in and the salary framework of each occupation as defined by current technical grade standards, the following applies:

a) If they have been receiving the highest grade of the occupation's salary scale for five years, they will be entitled to the seniority allowance beyond the framework.

b) If they are currently receiving the seniority allowance beyond the framework for this occupation and then transfer entirely to another occupation, they will only be entitled to the seniority allowance beyond the framework once they have been receiving the highest grade of the new occupation's salary scale for five years, and will no longer continue to receive this allowance for the previous occupation.

Example: A lathe worker who has been receiving the highest grade (Grade 7 with 370đ) of the lathe occupation's salary scale (from Grade 1 to Grade 7) transfers entirely to the drilling occupation (salary scale from Grade 1 to Grade 6). They will only be entitled to the seniority allowance beyond the framework once they have been receiving the highest grade (Grade 6 with 343.5đ) of the drilling occupation's salary scale for five years, and will no longer continue to receive this allowance for the lathe occupation.

2. For workers paid according to salary scales from B1 to B15, based on the occupational title they are engaged in and the grades defined for each occupational title, the following applies:

a) If they have been receiving the highest grade of the occupational title for five years, they will be entitled to the seniority allowance beyond the framework.

b) If they are currently receiving the seniority allowance beyond the framework for this occupational title and then transfer entirely to another occupational title, they will only be entitled to the seniority allowance beyond the framework once they have been receiving the highest grade of the new occupational title for five years, and will no longer continue to receive this allowance for the previous occupational title.

Example: A worker receiving a salary according to the occupational title of machine operator Grade 3 (287đ) under Salary Scale B5, who is currently receiving the seniority allowance beyond the framework, transfers entirely to receiving a salary according to the occupational title of shift leader. They will only be entitled to the seniority allowance beyond the framework once they have been receiving Grade 3 (325đ) of the shift leader occupational title for five years, and will no longer continue to receive this allowance for the machine operator occupational title.

c) However, in some of the above salary scales, certain occupational titles have salary levels that are not only differentiated by grade but also by class or group (such as load group, ship group, power group, etc.). In such cases, the application is as follows:

- If they are currently receiving the seniority allowance beyond the framework for an occupational title in a lower group or class and then transfer to a higher group or class, they will only be entitled to the seniority allowance beyond the framework once they have been receiving the highest grade of the higher group or class for five years, and will no longer continue to receive this allowance for the lower group or class.

Example: A worker at Grade 3 (310đ) in the light truck group under 2 tons (Scale 7), who is currently receiving the seniority allowance beyond the framework, transfers entirely to driving trucks from 2 tons to under 5 tons. They will only be entitled to the seniority allowance beyond the framework once they have been receiving Grade 3 (330đ) of the 2 tons to under 5 tons truck group for five years, and will no longer continue to receive this allowance for the light truck group under 2 tons.

- If they are currently receiving the seniority allowance beyond the framework for a higher group or class and then transfer entirely to a lower group or class, and are immediately placed at the highest grade of the lower group or class, they will continue to receive the seniority allowance beyond the framework according to the lower group.

Example: A worker at Grade 3 (330đ) of the 2 tons to under 5 tons truck group (Scale 7), who is currently receiving the seniority allowance beyond the framework at 5%, transfers entirely to driving light trucks under 2 tons and is immediately placed at Grade 3 (310đ). They will continue to receive the seniority allowance beyond the framework at 5% according to the Grade 3 (310đ) salary level.

3. For management staff paid according to Scale C (management staff of enterprises); Scale D3/1 (leadership staff of public organizations); Scale D3/2 (leadership staff of state administrative agencies), based on the leadership position they hold and the grades defined for each position, the following applies:

a) If they have been receiving the highest grade of the leadership position they hold for five years, they will be entitled to the seniority allowance beyond the framework.

b) For leadership positions such as Director, Deputy Director, University President, etc., which receive salaries according to scales with special rates, if they have been receiving the grade immediately below the special rate for five years, they will be entitled to the seniority allowance beyond the framework. While receiving this grade with the seniority allowance beyond the framework, if they are granted the special rate by the competent authority, they will no longer receive the seniority allowance beyond the framework. Those receiving the special rate will be entitled to the seniority allowance beyond the framework only after having received the special rate for five years.

c) If currently receiving seniority allowance exceeding the range for a lower position or rank and then transferred to a higher position or rank, such allowance shall only be received after having enjoyed the highest salary grade of the new position or rank for five years, without continuing to receive this allowance based on the previous position or rank.

Example: A Deputy General Director who is currently receiving seniority allowance exceeding the range at the 420 dong salary grade (Salary Table C1) is transferred to become a General Director, and will only receive the seniority allowance exceeding the range after enjoying the highest salary grade of the General Director, which is 474 dong, for five years, without continuing to receive this allowance based on the 420 dong salary grade of the Deputy General Director. The same applies to leadership positions in state management agencies and public organizations.

d) For leadership positions in salary tables that have only one salary grade, if they have enjoyed that salary grade for five years, they shall also receive seniority allowance exceeding the range.

đ) If currently receiving salary and seniority allowance exceeding the range according to a leadership position and then transferred to receive salary according to a technical, professional, or specialized title, they shall no longer receive seniority allowance exceeding the range according to the leadership position.

4. For cadres and civil servants engaged in scientific and technological work, political work, economic work, health care, education, culture, arts, legal affairs, receiving salaries according to Salary Tables D1 and D2, their cases shall be handled differently depending on whether they have already applied or not applied professional titles and standards for civil servants:

a) For units that have applied professional titles and standards for civil servants to implement the new salary system for titles such as researcher; senior researcher... (Salary Table D1/1); technician, engineer, senior engineer (Salary Table 1/2); staff member, specialist, senior specialist... (Salary Table D1/4) and other titles in Salary Tables D1/5, D1/6, etc., then:

- They shall only receive seniority allowance exceeding the range after having enjoyed the highest salary grade of the current title for five years.

Example: According to the professional standards issued, a cadre has enjoyed the highest salary grade according to the staff member title (395 dong) for five years (Salary Table D1/4), and thus receives seniority allowance exceeding the range.

- If they are receiving seniority allowance exceeding the range according to a lower-level title and then transferred to a higher-level title, they shall only receive seniority allowance exceeding the range after having enjoyed the highest salary grade of the higher-level title for five years, without continuing to receive this allowance based on the previous title.

Example: A researcher currently receiving seniority allowance exceeding the range at the highest salary grade (505 dong) in Salary Table D1/1 is transferred to the senior researcher title, and will only receive seniority allowance exceeding the range after enjoying the highest salary grade of the senior researcher title (596 dong) for five years, without continuing to receive this allowance based on the researcher title.

b) For units that have not yet applied professional titles and standards for civil servants mentioned above to implement the new salary system, but only converted old salaries to corresponding new levels, they have not yet applied the seniority allowance exceeding the range system.

c) For managers of stations and camps who do not receive salaries according to leadership positions but receive salaries according to technical, professional, or specialized titles, they shall follow the provisions of points (a, b) of Section 4 above to apply for the seniority allowance exceeding the range system.

IV. TIME AND AMOUNT OF SENIORITY ALLOWANCE RECEIVED

1. To qualify for seniority allowance exceeding the range at 5%, one must have completed five full years (60 months) from the date of receiving the highest salary grade within the salary range or leadership position.

2. From the sixth year onwards, after completing one full year (12 months), an additional 1% shall be added, with no maximum percentage limit.

3. Seniority allowance exceeding the range shall be calculated based on the salary grade level (normal, hazardous, extremely hazardous) or the current leadership position salary.

V. IMPLEMENTATION PROVISIONS

This Circular takes effect from September 1, 1986, and relevant ministries, sectors, and localities shall guide subordinate units to implement it.

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