Joint Circular No. 115/2005/TTLT-BNV-BTC guiding the implementation of Decree No. 119/2005/NĐ-CP dated September 27, 2005 on adjusting allowances for village cadres who have retired under Decision No. 130-CP dated June 20, 1975 and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers.

JOINT CIRCULAR

Regarding the guidance on implementing Decree No. 119/2005/NĐ-CP dated September 27, 2005, concerning the adjustment of allowances for village cadres who have retired under Decision No. 130-CP dated June 20, 1975, and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers.

Pursuant to Decree No. 119/2005/NĐ-CP dated September 27, 2005 of the Government regarding the adjustment of allowances for village cadres who have retired under Decision No. 130-CP dated June 20, 1975 of the Council of Ministers, and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers (hereinafter referred to as Decree No. 119/2005/NĐ-CP), the Ministry of Home Affairs and the Ministry of Finance provide guidance as follows:

I. APPLICABLE OBJECTS

The subjects to which this Circular applies are village cadres, ward cadres, and town cadres who have retired and are receiving monthly allowances under Decision No. 130-CP dated June 20, 1975 of the Council of Ministers, and Decision No. 111-HĐBT dated October 13, 1981 of the Council of Ministers (hereinafter referred to as elderly village cadres who have retired).

II. ADJUSTMENT OF MONTHLY ALLOWANCES

1. Adjustment of monthly allowances for elderly village cadres who have retired in accordance with Clause 1, Article 1 of Decree No. 119/2005/NĐ-CP.

From October 1, 2004 to September 30, 2005, increase by 10% over the allowance received at the time of September 2004:

a) The allowance received at the time of September 2004 is the allowance stipulated in Point 2.4, Clause 2, Section II of Joint Circular No. 03/2003/TTLT-BNV-BTC dated February 17, 2003 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of adjustments to salaries, allowances, and living expenses for individuals receiving salaries, subsidies, and living expenses from the state budget.

b) The adjusted allowance (rounded off) from October 1, 2004 to September 30, 2005 is as follows:

For former Secretaries of the Party Committee, Chairmen of the People's Committee of villages, increased from 272,000 VND to 299,200 VND/month (an additional 27,200 VND/month).

For former Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Secretaries of the People's Committee, Secretaries of the People's Council, Village Militia Chiefs, and Chiefs of Public Security Stations, increased from 261,800 VND to 288,000 VND/month (an additional 26,200 VND/month).

For other positions, increased from 241,700 VND to 265,900 VND/month (an additional 24,200 VND/month).

c) From October 1, 2004 to September 30, 2005, elderly village cadres who have retired shall be entitled to back payments for the additional amount specified in Point b, Clause 1, Section II of this Circular for the months they have already received allowances according to the provisions in Point 2.4, Clause 2, Section II of the Joint Circular No. 03/2003/TTLT-BNV-BTC.

2. Adjustment of monthly allowances for elderly village cadres who have retired in accordance with Clause 2 and Clause 3, Article 1 of Decree No. 119/2005/NĐ-CP.

From October 1, 2005, increase by 10% over the monthly allowance already adjusted as specified in Point b, Clause 1, Section II of this Circular. After increasing the allowance by 10%, it will be further increased by 20.7% from October 1, 2005. Specifically, the monthly allowance received by elderly village cadres who have retired (rounded off) from October 1, 2005 is as follows:

For former Secretaries of the Party Committee, Chairmen of the People's Committee of villages, increased from 299,200 VND to 397,300 VND/month.

For former Deputy Secretaries, Deputy Chairmen, Permanent Members of the Party Committee, Secretaries of the People's Committee, Secretaries of the People's Council, Village Militia Chiefs, and Chiefs of Public Security Stations, increased from 288,000 VND to 382,400 VND/month.

The monthly allowance for other positions increased from 265,900 VND to 353,100 VND/month.

III. NEEDS AND SOURCES OF FUNDS FOR IMPLEMENTATION

The number of elderly village cadres who have retired serves as the basis for determining the additional funding needs due to the adjustment of allowance levels:

In 2005: The number present as of October 1, 2004 (for the additional needs due to the adjustment of allowance levels as stipulated in Clause 1, Article 1 of Decree No. 119/2005/NĐ-CP); the number present as of October 1, 2005 (for the additional needs due to the adjustment of allowance levels as stipulated in Clause 2 and Clause 3, Article 1 of Decree No. 119/2005/NĐ-CP).

In 2006: The number present as of January 1, 2006.

The consolidation of needs and sources of funds for implementing the adjustment of allowance levels for elderly village cadres who have retired shall be carried out in accordance with Circular No. 89/2005/TT-BTC dated October 13, 2005 of the Ministry of Finance guiding the determination of needs, sources, and methods of payment for implementing the adjustment of the minimum wage for civil servants, public officials, and members of the armed forces, and the adjustment of allowances for village cadres who have retired in 2005 and 2006.

IV. IMPLEMENTATION

1. Based on the guidance provided in this Circular, provincial People's Committees (hereinafter referred to as provincial level) shall guide the implementation of back payments for the additional portion of the monthly allowance from October 1, 2004 to September 30, 2005 as stipulated in Clause 1, Section II of this Circular, and the payment of monthly allowances from October 1, 2005 as stipulated in Clause 2, Section II of this Circular for individuals within their jurisdiction.

2. Commune, Ward, and Town People's Committees shall compile and report lists of elderly village cadres who have retired according to Model No. 1 issued together with this Circular to District, City, and County People's Committees (hereinafter referred to as district level).

3. District People's Committees shall inspect, decide on back payments and allowances; simultaneously compile and report results according to Model No. 2 and Model No. 3 issued together with this Circular to Provincial People's Committees and Departments of Home Affairs and Finance.

4. Provincial People's Committees shall compile results according to Model No. 2 and Model No. 3; simultaneously send along reports compiling elderly village cadres who have retired according to Model No. 1 of communes, wards, and towns within their locality to the Ministry of Home Affairs and the Ministry of Finance for compilation and monitoring.

5. An officer of a commune who retires due to old age when moving to a new legal place of residence within the same district shall have a subsidy transfer certificate issued by the commune level; within the same province, it shall be issued by the district level; outside the province, it shall be issued by the Department of Home Affairs; the subsidy transfer certificate must be accompanied by the retirement file and decision (in case of loss, there must be a confirmation certificate from the competent authority at the same level), then the local department shall continue to pay for the transferred officer. Commune officers who retire and move to a new legal place of residence before the effective date of Decree No. 119/2005/NĐ-CP dated September 27, 2005 of the Government, which the levels currently paying continue to pay for the beneficiaries.

V. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. In the course of implementation, if there are any difficulties, the ministries, sectors, and localities shall report to the Ministry of Home Affairs and the Ministry of Finance for study and resolution./.