Joint Circular No. 12/2006/TTLT-BTM-BNV-BTC guiding the implementation of the allowance system for market management officials based on profession and responsibility allowances for officials operating ships, vehicles, and boats directly serving work at market management teams.

JOINT CIRCULAR

Guidelines for implementing the allowance system for market management civil servants

regarding job-related allowances for market management civil servants

concerning job responsibility allowances for boat drivers, car drivers, and motorboat drivers directly serving work at market management teams

based on Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, public officials, and armed forces personnel;

CPursuant to Decision No. 120/2006/QĐ-TTg dated May 29, 2006 of the Prime Minister on job-related allowances for market management civil servants;

Pursuant to the opinion of the Prime Minister in Official Letter No. 2961/VPCP-VX dated June 2, 2006 of the Government Office on job responsibility allowances for boat drivers, car drivers, and motorboat drivers directly serving work at market management teams;

The Ministry of Trade, the Ministry of Home Affairs, and the Ministry of Finance provide guidelines for implementing job-related allowances for market management civil servants and job responsibility allowances for boat drivers, car drivers, and motorboat drivers directly serving work at market management teams as follows

I. JOB-RELATED ALLOWANCES:

1. Object and scope of application:

Civil servants managing the market who are classified under the Senior Market Inspector rank (code 21.187), Chief Market Inspector rank (code 21.188), Market Inspector rank (code 21.189), Intermediate Market Inspector rank (code 21.190), and Market Control Staff rank (code 21.217) of the Market Management Department, provincial and centrally-administered city Market Management Branches, and market management teams directly engaged in market inspection and supervision work.

II. Level of job-related allowances and calculation method:

a) The level of job-related allowances is specified as follows:

Job-related allowance at 25% applies to Market Inspectors (code 21.189), Intermediate Market Inspectors (code 21.190), and Market Control Staff (code 21.217).

Job-related allowance at 20% applies to Chief Market Inspectors (code 21.188).

Job-related allowance at 15% applies to Senior Market Inspectors (code 21.187).

b) Calculation method:

The job-related allowance is calculated based on the current grade and step salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable).

Job-related allowance received

Calculation formula:

In cases where a civil servant is appointed to a higher market management civil service rank (promotion) and the total salary plus job-related allowance at the new rank is lower than the total salary plus job-related allowance at the previous rank, the difference between the total salary plus job-related allowance at the previous rank and the total salary plus job-related allowance at the new rank will be retained until the next immediate salary grade increase at the newly appointed rank.

Example: Mr. Nguyen Van A, Director of the Market Management Branch in Province B, currently enjoys a salary coefficient of 4.32 at grade 7, Market Inspector rank (code 21.189), with a leadership position allowance coefficient of 0.70; the time for the next salary grade increase is counted from January 1, 2004. The total salary plus job-related allowance in July 2006 for Mr. A is [(4.32+0.70) + (4.32+0.70) x 25%] x 350,000 VND/month = 2,196,250 VND/month.

On August 1, 2006, Mr. A was appointed to the Chief Market Inspector rank (code 21.188) with a salary coefficient of 4.40 at grade 1, and a leadership position allowance coefficient of 0.70; the time for the next salary grade increase is counted from January 1, 2004. The total salary plus job-related allowance for Mr. A in one month is [(4.40+0.70) + (4.40+0.70) x 20%] x 350,000 VND/month = 2,142,000 VND/month.

Since the total salary plus job-related allowance at the new rank (Chief Market Inspector) is lower than the total salary plus job-related allowance at the previous rank (Market Inspector), Mr. A retains the difference of 54,250 VND/month (2,196,250 VND - 2,142,000 VND) until he receives the next immediate salary grade increase at the newly appointed rank (grade 2, salary coefficient 4.74, Chief Market Inspector rank).

III. Principles of Application:

a) The subjects entitled to job-related allowances as stipulated in Clause 1, Section I of this Circular are those appointed by competent authorities to market management civil service ranks;

b) A person appointed to a specific market management civil service rank shall enjoy the job-related allowance corresponding to that rank;

c) The subjects mentioned in Clause 1, Section I of this Circular shall not be entitled to job-related allowances in the following cases:

- Time spent working, studying abroad 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 salary systems for cadres, civil servants, public officials, and armed forces personnel.

- Continuous domestic study periods of three months or more.

- Continuous leave without pay of one month or more.

- Sick leave or maternity leave exceeding the period prescribed in the current Social Insurance Law.

- Suspension of duty.

IV. JOB RESPONSIBILITY ALLOWANCES

Civil servants managing the market who are classified under the Senior Market Inspector rank (code 21.187), Chief Market Inspector rank (code 21.188), Market Inspector rank (code 21.189), Intermediate Market Inspector rank (code 21.190), and Market Control Staff rank (code 21.217) of the Market Management Department, provincial and centrally-administered city Market Management Branches, and market management teams directly engaged in market inspection and supervision work.

Civil servants outside the subjects specified in Clause 1, Section I of this Circular performing duties as boat drivers, car drivers, and motorboat drivers directly serving work at market management teams.

2. Level of job responsibility allowances:

Allowance level: Coefficient 0.3 compared to the minimum wage set by the Government.

V. SOURCES OF FUNDS AND PAYMENTS FOR ALLOWANCES

1. The funds for paying the allowances prescribed by this Circular shall be allocated in the annual state budget estimate in accordance with the provisions of the State Budget Law.

In cases where the funds for paying the allowances prescribed in this Circular have not been supplemented in the annual expenditure estimates of the Ministry of Trade and localities, the requirements and sources of funds shall be implemented in accordance with the Circular guiding the determination of the requirements and sources of funds for implementing salary reform issued by the Ministry of Finance.

2. The occupational allowance for market management civil servants shall be paid together with their monthly salaries; it shall not be used to calculate social insurance contributions or health insurance premiums.

3. The job responsibility allowance for civil servants who directly serve as boat drivers, car drivers, and motorboat drivers at market management teams shall be paid in accordance with Clause 2, Section III, Circular No. 05/2005/TT-BNV dated January 5, 2005, of the Ministry of Home Affairs guiding the implementation of job responsibility allowances for cadres, civil servants, and public officials.

4. The entity that employs a civil servant on its payroll shall be responsible for paying the allowances.

VI. EFFECTIVE DATE

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

2. Civil servants in market management shall enjoy the occupational allowance from June 22, 2006 (the date on which Decision No. 120/2006/QĐ-TTg dated May 29, 2006, of the Prime Minister regarding the occupational allowance for market management civil servants took effect).

3. Boat drivers, car drivers, and motorboat drivers directly serving in market management teams shall enjoy the job responsibility allowance from the date this Circular takes effect.

Any difficulties encountered during implementation should be reported to the Ministry of Trade, the Ministry of Home Affairs, and the Ministry of Finance for study and resolution.

 
Place of Receipt:
- The Prime Minister and Deputy Prime Ministers;
- National Assembly's Office;
- President's Office;
- Government Office;
- Central Party Office;
- Supreme People's Court;
- Supreme People's Procuracy;
- The Ministry of Trade;
- Ministry of Home Affairs;
- Ministry of Finance;
- Ministry of Justice (Legal Documents Inspection Department);
- The Ministry of Labor, Invalids and Social Affairs;
- People's Councils, People's Committees of provinces and centrally governed cities
- Departments of Home Affairs, Finance, and Trade (and Tourism);
- Market Management Enforcement Agencies of provinces and cities;
- Government website, Official Gazette;
- To be filed with the Personnel Department (Ministry of Trade), the Salary Department (Ministry of Home Affairs), and the Legal Department (Ministry of Finance);
- To be filed with the Office (Ministry of Trade, Ministry of Home Affairs, Ministry of Finance).