Circular No. 13/2012/TT-BTP detailing Clause 2, Article 2 of Decree No. 14/2012/NĐ-CP dated March 7, 2012 of the Government amending Article 7 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for civil servants, public officials, and members of the armed forces and Section I of the table of position allowances (election, appointment) in state agencies and public institutions; military agencies and police agencies under Decree No. 204/2004/NĐ-CP.

CIRCULAR

Providing detailed regulations for Clause 2, Article 2 of Decree No. 14/2012/NĐ-CP dated March 7, 2012 of the Government on amending Article 7 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on

the salary system for civil servants, public officials, and members of the armed forces and Section I of the table of position allowances (election, appointment)

in state agencies, public service units;

agencies and units under the People's Army and the People's Public Security;

issued together with Decree No. 204/2004/NĐ-CP

among state administrative agencies and state-owned public service units;

agencies and units under the People's Army and the People's Public Security

pursuant to Decree No. 204/2004/NĐ-CP issued by the Government

Pursuant to the Civil Enforcement Law on November 14, 2008;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government providing detailed regulations and guiding the implementation of certain provisions of the Civil Enforcement Law regarding the civil enforcement management agency, civil enforcement agency, and civil servants engaged in civil enforcement work;

Pursuant to Decree No. 14/2012/NĐ-CP dated March 7, 2012 of the Government amending Article 7 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and members of the armed forces and Section I of the table of position allowances (election, appointment) in state agencies, public service units; agencies and units under the People's Army and the People's Public Security issued together with Decree No. 204/2004/NĐ-CP;

After reaching consensus with the Ministry of Home Affairs (Letter No. 3602/BNV-TL dated October 5, 2012) and the Ministry of Finance (Letter No. 15106/BTC-HCSN dated October 31, 2012),

Considering the proposal of the Director General of the Civil Enforcement Department and the Head of the Cadre and Civil Servant Organization Department of the Ministry of Justice;

The Minister of Justice promulgates this Circular providing detailed regulations on position allowances for leadership positions from Deputy Director down at the Civil Enforcement General Department as follows:

Article 1. Scope of application

The position allowances for leadership positions provided for in this Circular shall apply to civil servants appointed to leadership positions within the organizational structure of the Civil Enforcement Department of the province-level city directly under the central government (hereinafter referred to as the Civil Enforcement Department); the Civil Enforcement Sub-department of the district, urban district, town, and provincial city (hereinafter referred to as the Civil Enforcement Sub-department).

1. A 25% allowance rate shall be applied to:

1. For leadership positions in the Civil Enforcement Department

2. For leadership positions in the Civil Enforcement Sub-department

3. The amount of allowances stipulated in Clause 1 and Clause 2 of this Article shall be calculated based on a coefficient relative to the minimum wage applicable at each time period as prescribed by the State.

Article 3. Responsibilities for Implementation

1. Responsibilities of the Director of the Civil Enforcement General Department:

a) Assist the Minister of Justice in directing and guiding the implementation of the leadership position allowance system stipulated in this Circular for civil enforcement agencies nationwide;

b) Review and submit to the Minister of Justice for decision on adjusting position allowances for leadership positions according to the management hierarchy;

c) Monitor and inspect the implementation of the provisions of this Circular by the Directors of the Civil Enforcement Departments and decide on handling violations according to regulations;

d) Take the lead and coordinate with the Director of the Planning and Finance Department of the Ministry of Justice to advise and submit to the Minister of Justice for coordination with relevant ministries and sectors to ensure funding for the implementation of the leadership position allowance system stipulated in this Circular.

2. Responsibilities of the Director of the Cadre and Civil Service Department of the Ministry of Justice:

Assist the Minister in inspecting the implementation of the provisions of this Circular by the Director of the Civil Enforcement General Department; report and recommend the Minister to decide on handling violations according to regulations.

3. Responsibilities of the Director of the Planning and Finance Department of the Ministry of Justice:

Coordinate with the Director of the Civil Enforcement General Department to advise and submit to the Minister of Justice for coordination with relevant ministries and sectors to ensure funding for the implementation of the leadership position allowance system stipulated in this Circular.

4. Responsibilities of the Director of the Civil Enforcement Department:

Review and decide or submit to the Director of the Civil Enforcement General Department for decision on adjusting position allowances for leadership positions according to the management hierarchy.

Article 4. Effective date

1. This Circular takes effect from January 15, 2013.

2. The leadership position allowances stipulated in Article 2 of this Circular shall be enjoyed from January 1, 2011.

3. Heads of units under the Ministry of Justice, heads of local civil enforcement agencies are responsible for implementing the provisions of this Circular./.