Circular No. 13/2018/TT-BNV amends Clause 8, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005, issued by the Minister of Home Affairs guiding the transfer and adjustment of salary grades for civil servants and public officials when changing jobs and cases of transferring from the armed forces, cryptographic services, and state-owned enterprises to work in state agencies and public institutions.

CIRCULAR

Amending Clause 8 Section III Circular No. 79/2005/TT-BNV dated August 10, 2005 issued by the Minister of Home Affairs guiding the adjustment of salary grades for cadres, civil servants, and public officials when changing jobs and cases of transfer from military forces, cryptographic units, and state-owned enterprises to work in state agencies and public institutions

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Pursuant to Decree No.34/2017/NĐ-CP of April 3, 2017 by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No.Decree No. 204/2004/NĐ-CP of December 14, 2004 by the Government on the wage system for cadres, civil servants, public officials, and military forces which has been amended and supplemented by Decree No. 76/2009/NĐ-CP September 15, 2009, Decree No. 14/2012/NĐ-CP March 7, 2012, Decree No. 17/2013/ND-CP February 19, 2013 and Decree No. The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the ranking of certain types of public service units in the labor, war invalids, and social affairs sector. July 21, 2016 by the Government;

Pursuant to Decree No.Decree No. 24/2010/NĐ-CP March 15, 2010 by the Government on recruitment, utilization, and management of civil servants which has been amended and supplemented by Decree No. 93/2010/NĐ-CP August 31, 2010 by the Government;

Pursuant to Decree No.Pursuant to Decree No. 161/2018/ND-CP dated November 29, 2018 of the Government amending and supplementing certain provisions on recruitment of public officials and civil servants, promotion of civil servant ranks, upgrading of civil servant positions, and implementation of employment contracts for certain types of work in administrative agencies and public institutions; April 12, 2012 by the Government on recruitment, utilization, and management of public officials;

At the proposal of the Director of the Salary Department;

The Minister of Home Affairs issues this Circular amending Clause 8 Section III Circular No. 79/2005/TT-BNV dated August 10, 2005 issued by the Minister of Home Affairs guiding the adjustment of salary grades for cadres, civil servants, and public officials when changing jobs and cases of transfer from military forces, cryptographic units, and state-owned enterprises to work in state agencies and public institutions.

Article 1. Amend Clause 8 Section III Circular No. 79/2005/TT-BNV dated August 10, 2005 issued by the Minister of Home Affairs as follows:

"8. Persons holding positions at state-owned enterprises with 100% state capital or representatives of state capital holding management positions at such enterprises (hereinafter referred to collectively as persons holding management positions in Groups, Corporations, and companies) who are elected, recruited, or appointed according to the provisions of the law to work as cadres, civil servants, or public officials in state agencies and public institutions shall be subject to the following salary adjustments if they fall under the management of the Politburo or the Secretariat of the Party Central Committee, then they shall follow the guidance of the Organization Department of the Communist Party of Vietnam Central Committee; for other cases, the salary adjustment shall be carried out as follows:

a) Assigning to the Senior Specialist Grade or equivalent civil service grade or public official occupational title grade (hereinafter referred to collectively as the Senior Specialist Grade or equivalent):

Those who have already been assigned to the Senior Specialist Grade or equivalent or meet all three conditions below may be considered for assignment to the Senior Specialist Grade or equivalent:

First, currently holding a management position in a Group, Corporation, or company and being elected, recruited, or appointed to a position in central agencies with a leadership post allowance coefficient of 1.0 or higher or in provincial-level agencies with a leadership post allowance coefficient of 0.9 or higher;

Second, having a continuous period of compulsory social insurance contributions for work requiring a bachelor's degree of at least 16 years (if there are intermittent periods that have not yet resulted in a one-time social insurance benefit, these periods can be combined), including at least 10 years in a management position in a Group, Corporation, or company;

Third, having a social insurance contribution salary coefficient for a management position in a Group, Corporation, or company as prescribed by the Government minus the leadership post allowance coefficient of the expected elected, recruited, or appointed position equal to or greater than the salary coefficient of the first level of the Senior Specialist Grade or equivalent.

The salary adjustment shall be carried out as follows:

For those who have already been assigned to the Senior Specialist Grade or equivalent, the time spent at the current salary level of the Senior Specialist Grade or equivalent and the time spent in a management position in a Group, Corporation, or company will be taken into account to move up to a higher salary level or to enjoy the excess seniority allowance (if applicable) according to the regular salary increase system and the excess seniority allowance system of the Senior Specialist Grade or equivalent;

For those who have not yet been assigned to the Senior Specialist Grade or equivalent, the calculation starts from the date when both the second and third conditions in Point a above are met, assigning them to the first level of the Senior Specialist Grade or equivalent; the period of compulsory social insurance contributions starting from the date of assignment to the first level of the Senior Specialist Grade or equivalent and thereafter will be taken into account to move up to a higher salary level or to enjoy the excess seniority allowance (if applicable) according to the regular salary increase system and the excess seniority allowance system of the Senior Specialist Grade or equivalent.

b) Assigning to the Principal Specialist Grade or equivalent civil service grade or public official occupational title grade (hereinafter referred to collectively as the Principal Specialist Grade or equivalent):

Those who have already been assigned to the Principal Specialist Grade or equivalent or meet all three conditions below may be considered for assignment to the Principal Specialist Grade or equivalent:

First, currently holding a management position in a Group, Corporation, or company and being elected, recruited, or appointed to a position in central agencies with a leadership post allowance coefficient of 0.8 or higher or in provincial-level agencies with a leadership post allowance coefficient of 0.7 or higher;

Second, having a continuous period of compulsory social insurance contributions for work requiring a bachelor's degree of at least 10 years (if there are intermittent periods that have not yet resulted in a one-time social insurance benefit, these periods can be combined), including at least 5 years in a management position in a Group, Corporation, or company;

Third, having a social insurance contribution salary coefficient for a management position in a Group, Corporation, or company as prescribed by the Government minus the leadership post allowance coefficient of the expected elected, recruited, or appointed position equal to or greater than the salary coefficient of the first level of the Principal Specialist Grade or equivalent.

The salary adjustment shall be carried out as follows:

In cases where there has been a salary grade placement at the level of Senior Specialist or equivalent, the basis for moving to a higher salary grade or calculating the seniority allowance exceeding the ceiling (if applicable) shall be based on the time spent at the salary grade of the Senior Specialist or equivalent level and the time holding management positions at Groups, Corporations, or companies, according to the regular salary increase system and the seniority allowance exceeding the ceiling system of the Senior Specialist or equivalent level.

In cases where there has not yet been a salary grade placement at the level of Senior Specialist or equivalent, the calculation starts from the date when both the second and third conditions specified in Point b here are simultaneously met, which is considered the start date for Grade 1 of the Senior Specialist or equivalent level; the social insurance contribution period starting from the date of Grade 1 placement of the Senior Specialist or equivalent level and thereafter will be used to move to a higher salary grade or calculate the seniority allowance exceeding the ceiling (if applicable) according to the regular salary increase system and the seniority allowance exceeding the ceiling system of the Senior Specialist or equivalent level.

c) For other cases (not falling under the application of the provisions set out in Points a or b above), the salary grade placement at the level of Specialist or civil servant position, or the occupational title of staff equivalent to the Specialist level (hereinafter referred to collectively as the Specialist or equivalent level) shall be as follows:

In cases where there has been a salary grade placement at the level of Specialist or equivalent, the basis for moving to a higher salary grade or calculating the seniority allowance exceeding the ceiling (if applicable) shall be based on the time spent at the salary grade of the Specialist or equivalent level and the time holding management positions at Groups, Corporations, or companies, according to the regular salary increase system and the seniority allowance exceeding the ceiling system of the Specialist or equivalent level.

In cases where there has not yet been a salary grade placement at the level of Specialist or equivalent, the calculation starts from the date when one year of mandatory social insurance contributions for work requiring a bachelor's degree is completed, which is considered the start date for Grade 1 of the Specialist or equivalent level; the social insurance contribution period exceeding one year thereafter will be used to move to a higher salary grade or calculate the seniority allowance exceeding the ceiling (if applicable) according to the regular salary increase system and the seniority allowance exceeding the ceiling system of the Specialist or equivalent level.

d) The competent authority shall only implement the appointment to the civil servant level or the occupational title of staff corresponding to the salary grade placement as stipulated in Points a, b, and c above from the date of the decision approving the election results or the appointment and recruitment decision for cases meeting the qualifications of the civil servant level or the occupational title of staff appointed. In cases where there is no national administration management certificate according to the civil servant level standard or training certificate according to the staff occupational title standard, the salary grade placement shall only be implemented and within twelve months from the date of the decision approving the election results or the appointment and recruitment decision, the competent authority must send civil servants or staff to study to complete the civil servant level standards or the staff occupational title standards before being appointed to the civil servant level or the staff occupational title according to the authority.

Article 2. Effective Date

This Circular takes effect from December 5, 2018.

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