This Circular details the method of calculating working time for state workers and officials in Vietnam. It includes specific cases such as working under the old system, overseas compatriots, foreign nationals, private school teachers, conscripted military personnel, etc. It also guides the calculation of fractional months during continuous working periods and requires relevant agencies to implement this policy strictly and carefully.
Scope of application
State workers and officials in Vietnam
Key points
- Specifies detailed methods for calculating working time for each specific case
- Guides the calculation of fractional months during continuous working periods
- Requires strict, careful, and accurate implementation of the policy
- Replaces previous documents related to the calculation of working time for workers and officials
- Ensures that this policy does not negatively impact the spirit, mindset of workers and officials, and internal unity
🌐 Social impact of this document
- Helps workers and officials understand their rights clearly
- Improves labor management in state agencies
- Enhances stability and confidence in the policies of the Party and the State
❓ Frequently asked questions
Which documents does this Circular replace?
Replaces Circular Jointly Issued by the Ministry of Home Affairs and the Ministry of Labor No. 9-TT/LB dated February 17, 1962, Circular No. 18-NV dated June 23, 1964 issued by the Ministry of Home Affairs, and other related documents concerning the calculation of working time for workers and officials.
How is the calculation of fractional months during continuous working periods specified?
Less than one month is not counted. From one month to seven months, it is counted as half a year. More than seven months, it is counted as a full year.
Full text
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MINISTRY OF HOME AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 13/NV |
Hanoi, September 4, 1972 |
CIRCULAR
OF THE MINISTRY OF HOME AFFAIRS NUMBER 13/NV SEPTEMBER 4, 1972 GUIDING AND SPECIFICALLY REGULATING THE CALCULATION OF WORKING TIME FOR STATE EMPLOYEES AND CIVIL SERVANTS
On December 27, 1961, the Council of Ministers issued the Interim Charter on Social Insurance for State Employees and Civil Servants.
One of the principles of social insurance policy is that "the level of social insurance benefits is determined based on contributions and working time," therefore, the issue of defining the calculation of working time for state employees and civil servants has significant importance.
The Ministry of Home Affairs and the Ministry of Labor jointly issued Circular No. 9-TT/LB dated February 17, 1962 to guide and specifically regulate the calculation of working time for state employees and civil servants. Subsequently, the Ministry of Home Affairs issued documents to amend and supplement Circular No. 9-TT/LB and other documents detailing and guiding the implementation of social insurance systems, including provisions and guidance on calculating working time for state employees and civil servants to receive social insurance benefits.
Now, the Ministry of Home Affairs consolidates in this Circular specific guidelines and regulations still in effect to be consistent with reality, for the convenience of sectors and levels in studying and applying social insurance systems for state employees and civil servants.
I. DEFINITIONS AND GENERAL PROVISIONS
The Interim Charter on Social Insurance Systems clearly defines: all terms referring to years of service, years in a profession, length of service, revolutionary tenure, etc., are now uniformly referred to as working time. There are two types of working time: general working time and continuous working time.
1. General Working Time
All periods during which state employees and civil servants are detached from family economy, earn wages or living expenses as their main source of livelihood at agencies, factories, construction sites, farms, forest farms, organizations of the Party or revolutionary mass organizations, or in the revolutionary army under voluntary or conscription systems are counted as general working time. However, there are also cases where work is done without wages or living expenses, such as secret activity periods or times when we just gained power, cadres did not have living expense allowances, eating was provided by the agency or organization when at the office, and they relied on the people when at the grassroots level; these periods are still counted as working time.
For workers and officials who had worked under the old regime before the August Revolution of 1945 or in areas temporarily occupied during the resistance war, if their work did not involve anti-revolutionary activities or oppression of the people, that period shall also be counted as general service time.
The provision on general service time is to assess whether a worker or official has contributed significantly to society over the years, thereby qualifying them for retirement benefits when they reach old age.
2. Continuous Service Time
Continuous service time refers to the uninterrupted working period of a worker or official within a sector, agency, or enterprise under the Democratic Republic of Vietnam; work performed under the old regime shall not be considered continuous service time. In cases where a worker or official is transferred from one sector, agency, or enterprise to another by an organization, it shall still be regarded as continuous service.
The actual revolutionary activity time of cadres prior to August 19, 1945, shall be counted as continuous service time.
The provision on continuous service time serves as a basis for rewarding workers and officials in social insurance systems, while also encouraging workers and officials to focus deeply on their respective fields, contributing to labor discipline and workforce stability in national economic sectors.
II. SPECIFIC PROVISIONS ON THE CALCULATION OF SERVICE TIME
Based on the above definitions and general provisions, taking into account the characteristics of the formation of the state's workforce, the specific method of calculating the service time of state workers and officials is now stipulated as follows:
1. Service time of workers and officials who engaged in revolutionary activities before August 19, 1845, or worked in enemy-held areas during the resistance war.
a. Cadres who engaged in revolutionary activities before August 19, 1945, or worked in enemy-held areas during the resistance war, if they were detained or imprisoned by imperialists, generally such detention periods shall be counted as continuous service time. However, in cases where they betrayed (became collaborators) upon being captured by the imperialists, both continuous service time and general service time shall only be counted from the date they resumed work at the agency or enterprise.
b. If due to imperialist encirclement and terror, they lost contact with the organization and had to go underground, then resumed their activities afterward, and this was verified by the organization, the period spent underground shall not be counted but the revolutionary activity time before going underground and the subsequent activity time shall be combined to calculate continuous service time. However, if there was a short period without activity, each case will be examined individually for resolution.
2. Service time of workers and officials who participated in the resistance against France
a. Cadres who have been engaged in revolutionary activities for a long time and workers and officials who participated in the resistance against France and were awarded Orders or Medals for Resistance or Victory in the summary of achievements during the resistance period, which are subjects under Circular No. 84-TTg dated August 20, 1963 of the Council of Ministers, if they had periods of work interruption during the resistance against France due to organizational requirements (reduction in staff, demobilization, discharge...) or personal circumstances (illness, childbirth, family difficulties leading to extended unpaid leave) and later returned to work, then the actual collaboration periods before (as detached cadres or key cadres at communes mentioned in point 15, paragraph a below) shall all be added together to calculate continuous working time, except for the periods of work interruption which shall not be counted.
For cadres, workers, and officials who have a minimum period of participation in the resistance or in armed forces and meet the conditions stipulated in the award regulations for summarizing resistance achievements but have not yet been awarded Orders or Medals, when considering their eligibility for this provision, approval from the competent ministry or sector (if working at the central level) or the administrative committee of the region, city, or province (if working at the local level) must be obtained.
b. Those individuals who were not detached cadres during the resistance period but only served as grassroots resistance bases, supporting the revolution, helping cadres, and later joined the workforce, even if they received Orders or Medals, do not fall within the scope mentioned above.
c. Workers and officials who participated in the resistance for a period of time and then, due to specific personal reasons, were allowed by the organization to return to areas temporarily occupied by the enemy, if they continued to support the resistance during their time in these areas with meritorious actions such as helping, nurturing cadres, hiding documents, and were awarded Orders or Medals, certificates of "families contributing to the country," etc., and after the restoration of peace, were recruited as state workers, their cases will be examined individually to allow the addition of their pre-enemy occupation resistance participation time with their subsequent reemployment time to calculate continuous working time.
3. Time worked under the old regime
a. The time workers and officials worked under the old regime, prior to the August Revolution of 1945 or in areas temporarily occupied during the resistance against France without acts of anti-revolutionary behavior or oppression of the people, is considered general working time, specifically defined as follows:
- The time workers and officials directly produced or worked in specialized fields, science, technology, administration is all considered general working time; However, for individuals who acted against the revolution or oppressed the people, that time and all previous times are not considered working time.
- The time workers and officials spent working in organizations directly oppressing the people or opposing the revolution is not considered working time; However, those individuals who, although in these organizations, performed good actions supporting and assisting the revolution, the time of those actions is considered general working time.
b. Workers and officials who worked under the old regime (in public or private offices) but were associated with the revolution and resistance and actually worked for the revolution (while outwardly still earning wages from the old regime) have their revolutionary activity time considered as continuous working time.
c. In cases where workers and officials' time worked under the old regime is not considered general working time, even if they had previously worked for the revolution or resistance, it is not counted.
4. Time worked under temporary recruitment or contract systems (after the restoration of peace on September 20, 1954)
a. Time working on a daily basis, working when there is work and resting when there is none, moving from one place to another, working on a piece-rate basis, taking work home (not managed by the agency) is not considered working time.
b. Time worked under a temporary recruitment or contract system for less than one year, followed by termination of employment, is not considered working time; if the work lasted more than one year and was terminated (not due to disciplinary action or forced termination), it is considered general working time.
c. Time working under contracts for different agencies or enterprises, ending the contract with one agency and immediately starting a new contract with another, is only considered general working time (if over one year).
d. Time worked under temporary recruitment or contract systems receiving the common salary system of the State, followed by formal recruitment as workers or officials, is considered continuous working time.
đ. Time worked under temporary recruitment receiving the common salary system of the State continuously transferred from one agency or enterprise to another by labor authorities or organizations, followed by formal recruitment as workers or officials, is considered continuous working time from the start of temporary recruitment at the first agency.
5. Probationary, trial, or apprenticeship training time
a. Time workers and officials spend in probation or trial, followed by formal recruitment, is considered continuous working time (if continuous work is maintained).
b. Students undergoing apprenticeship training at enterprises with salaries or living expenses, who are formally recruited as workers or officials upon completion of their training, are considered continuous working time from the start of their training.
6. Time waiting for work assignment
Time workers and officials, as war invalids, wait for work assignments due to organizational delays is considered continuous working time (if continuous work is maintained). However, if the agency, enterprise, or unit has reasonably assigned work but the individual refuses to accept it, that time is not considered working time, but the preceding time can still be combined with subsequent working time to calculate continuous working time.
7. Time spent studying
a. The time workers and officials are sent by agencies and enterprises to attend vocational, political, cultural courses, or to attend primary, secondary, and university-level specialized schools domestically or abroad shall all be counted as continuous working time (if they continue to work continuously). If workers and officials voluntarily resign to go to school (without being sent by the agency), then the schooling time will not be counted as working time, but the previous working time will be counted as general working time.
b. The time students and trainees spend studying at primary, secondary, and university-level specialized schools before becoming workers or officials will not be counted as working time. Working time will only be counted from the start of their employment at state agencies or enterprises.
8. Cases where workers and officials have participated in work from a young age
In cases where workers and officials have participated in work during the anti-French resistance period when they were still young at state agencies, enterprises, or military units, the working time will be counted from the age of 15 years old (only counting cases where they were assigned clear tasks, received salaries, living expenses, or were provided food and clothing by the unit).
9. Time spent in the Youth Volunteer Corps
a. Young volunteers who are detached by the Central Youth Union and transferred directly to state agencies or enterprises upon completion of their term, or those who returned to their localities for some time before being recruited into agencies or enterprises, will have their time serving in the Youth Volunteer Corps combined with their working time at agencies or enterprises, counted as continuous working time.
b. Time spent participating in Youth Volunteer Corps in former Region 5, funded by state funds and continuously serving in the resistance war until moving north, will also be counted as continuous working time.
c. Time spent participating in Youth Volunteer Corps organized by localities to perform local tasks without detaching from family economy will not be counted. Time served in units organized by the Youth Union for temporary tasks and then disbanded back to the locality will be considered as performing public duties and will not be counted as working time.
10. Time spent on military service and civilian labor
a. Conscripts who are transferred directly to state agencies or enterprises upon completion of their term, or those who returned to their localities for some time before being recruited into agencies or enterprises, will have their time serving in the military combined with their working time at agencies or enterprises, counted as continuous working time.
b. Workers and officials who are called up for military service and subsequently return to their agencies or enterprises will be considered as continuing their work continuously.
c. Time spent on civilian labor, followed by being taken on to work at agencies or enterprises, will not be counted as working time. However, time spent on fire-line civilian labor, serving battlefields, followed by being taken on to work at agencies or enterprises, will be counted as continuous working time.
11. Time spent on emergency tasks
a. The time workers and officials are dispatched to perform tax collection, drought prevention, flood control, mobilizing the masses to reduce rent, land reform, improving cooperative management, etc., will all be counted as continuous working time.
b. Village cadres mobilized to perform emergency tasks, followed by being taken on to work at agencies or enterprises, will have their continuous working time counted from the day they started performing emergency tasks.
12. Time off due to organizational requirements, time off due to loss of working capacity, recuperation time, time spent in veterans' camps
a. Due to the specific situation of our country, there are cases where workers and officials are allowed to stop working due to organizational requirements, reduction in staffing, streamlining of organizations, voluntary discharge or demobilization of military personnel, and then re-employed at agencies or enterprises. If they strictly comply with all policies and guidelines of the Party and State during their time off, their previous working time and subsequent working time will be combined to count as continuous working time (excluding the time off).
b. In cases where workers and officials have stopped working and receiving disability benefits, southern cadres who went for recuperation and rehabilitation according to Government Decree No. 1000-TTg dated August 5, 1956, and veterans who returned to society after staying in veterans' camps, if they return to work at agencies or enterprises, their previous working time and subsequent working time will be combined to count as continuous working time (excluding the time off for recuperation, rehabilitation, or self-supporting life after leaving the veterans' camp).
c. For cases where workers and officials voluntarily resign or military personnel request discharge due to personal circumstances, and then return to work, the working time before stopping work or discharge will not be counted as continuous working time but will be counted as general working time (time off will not be counted). Specifically, for cadres who have been active in the revolution before August 19, 1945, and workers and officials who participated in the resistance and were awarded Resistance Medals or War Victory Medals under Circular No. 84-TTg dated August 20, 1963 of the Council of Ministers, if they temporarily stop working due to personal circumstances, they will be applied according to Article 2 of Part II mentioned above.
13. Vacation time, sick leave, time off due to workplace accidents
a. The time workers and officials take temporary leave for legitimate reasons such as annual leave, maternity leave, rest and recuperation, sick leave, leave due to workplace accidents, personal leave, leave due to lack of raw materials or machinery breakdowns at factories, or due to storms, floods, etc., approved by agencies or enterprises or certified by doctors, will all be counted as continuous working time.
b. The period during which workers and officials temporarily have to take unpaid leave or receive social assistance due to the agency or enterprise not being able to assign work (as stipulated in Point 4, Circular No. 195-TTg dated July 7, 1977 issued by the Prime Minister on certain temporary wage regulations during wartime) shall be counted as continuous service time until new regulations are issued.
c. For workers and officials who actually worked for less than five years but had to stop working due to prolonged illness or death, the service time shall be calculated according to Circular No. 22-NV dated August 18, 1969 issued by the Ministry of Interior Affairs.
d. The period during which workers and officials take long-term unpaid leave or擅自离开并返回,未经许可擅自离职的时间不计入工龄。在此之前的服务时间可计入总的工龄,如果在擅自离职期间没有采取反对政策或破坏革命的行为。
14. Period of suspension due to disciplinary action
a. The period during which workers and officials are temporarily suspended from work, detained pending prosecution before court or awaiting disciplinary determination shall be calculated as follows:
- If, after trial, they are disciplined with termination of employment or sentenced to imprisonment and later return to work, the period of temporary suspension from work or detention shall not be counted as service time, while the previous period shall be counted as general service time.
- In cases where it is later determined that they were wrongfully detained or suspended, the period of detention or suspension shall still be counted as continuous service time. If they are released without serving a prison sentence but are not allowed to continue working and later resume work at the agency or enterprise, the interrupted service time shall not be counted, but the previous service time before suspension and the subsequent service time after resuming work shall be combined to calculate continuous service time.
b. The period during which workers and officials are disciplined with termination of employment or sentenced to imprisonment and later return to work shall not be counted as service time, while the previous period shall be counted as general service time.
Specifically, for cadres who joined the revolution before August 19, 1945 and workers and officials who made significant contributions during the resistance war and production and were awarded State Orders and Medals, Heroes of Labor, and Heroes of the Military, relevant ministries, central agencies, and administrative committees of regions, cities, and provinces need to carefully consider and consult with the Ministry of Interior Affairs to examine each case individually to determine whether the pre-disciplinary service time should be counted as continuous service time.
c. The period during which workers and officials are given suspended sentences, if they are not suspended from work, shall still be counted as continuous service time.
- If they are suspended from work or detained before receiving a suspended sentence, the period of suspension or detention shall not be counted as service time, but the previous service time before suspension and the subsequent service time after resuming work shall be combined to calculate continuous service time.
d. In cases where they are disciplined for engaging in activities against the revolution, the pre-disciplinary service time shall not be counted (neither continuous service time nor general service time) and shall only be counted from the date they resume work at the agency or enterprise.
15. Part-time service time
Generally, part-time service time at the commune level, which has not separated from family economy, shall not be counted as service time, except for specific cases as follows:
a. Workers and officials who held positions such as Chairman, Vice-Chairman, Secretary or Standing Member of the Commune Administrative Committee, Secretary, Deputy Secretary, Standing Member of the Commune Party Committee (Standing Member of the Branch Party Committee in communes not organized as a Party Committee), Head of the Commune Militia Team, Deputy Head of the Commune Militia Team, Political Instructor of the Commune Militia Team, Deputy Political Instructor of the Commune Militia Team (if any), although they did not separate from family economy, truly performed their duties, and were subsequently transferred to work at state agencies or enterprises or joined the military, the period of holding these positions shall be counted as continuous service time.
If there was a short interruption (for justifiable reasons) during the period of holding these positions, followed by continuing to hold them or going on detached duty, each case must be examined individually to resolve.
b. Workers and officials who held positions such as Members of the Commune Administrative Committee, Members of the Commune Party Committee (Members of the Branch Party Committee in communes not organized as a Party Committee), Heads or Deputies of various sectors or groups at the commune level, Commune Traffic Officers, Commune Militia Members, the period of holding these positions shall be counted as general service time.
Specifically, for militia members who went on detached duty, concentrated at the county level, provided living expenses by the county and subject to county dispatch (like local troops), and were subsequently incorporated into regular troops or recruited into state agencies or enterprises, the continuous service time shall be counted from the date of going on detached duty and concentrating at the county level.
c. Cadres at the commune level who held positions mentioned in paragraph a above went to study specialized subjects, technical skills, politics, culture, etc., and were subsequently recruited into state agencies or enterprises, the continuous service time shall be counted from the date of holding these positions.
d. Cadres at the commune level who held positions mentioned in paragraph b above went to study specialized technical skills, politics, culture, etc., and were subsequently recruited into state agencies or enterprises, the continuous service time shall be counted from the date of recruitment into the agency or enterprise; the service time spent on part-time work at the commune before studying shall be counted as general service time as specified in paragraph b, and the study period shall not be counted as service time.
16. Time in Cooperative Societies, Production Groups
a. Periods during which cooperative members were members of production groups, transportation groups, loading and unloading groups, etc. (belonging to the collective economic sector) before becoming state employees shall not be counted as working periods, except for cases where state officials were assigned to manage cooperatives and still enjoyed all state employee benefits, in which case the management period at the cooperative shall be counted as a working period.
b. Specifically, for some cadres, workers, civil servants, and southern military personnel who, due to organizational requirements, went to work in production groups managed by the Unified Committee, which later became state-owned enterprises or state-owned farms, and those individuals continued to work continuously at these production sites until now as state workers, the time spent working in these production groups as well as the previous working periods shall be counted as continuous working periods. Workers and civil servants who were southern village cadres (including village, hamlet cadres or family cadres) and were relocated northward and arranged to work in production groups managed by the Unified Committee, and have been working continuously until now as workers or civil servants of state-owned enterprises or state-owned farms as mentioned above, their time spent working in these production groups shall also be counted as continuous working periods.
c. For cadres, workers, civil servants, and southern military personnel who, after being allowed to stop working by their agencies or units due to reduced staffing, demobilization, or voluntary retirement, independently organized production groups or cooperatives not managed by the Unified Committee, the working periods prior to stopping work shall still be combined with subsequent working periods to calculate continuous working periods.
d. For cadres, workers, civil servants, and southern military personnel who were arranged to work in production groups (managed by the Unified Committee) but left halfway through to engage in independent business activities and then returned to work at state agencies or state enterprises, the time spent in production groups shall not be counted as working periods, but the continuous working periods shall be calculated according to the situation described in point c above. However, if they were recruited into state agencies or enterprises while still in production groups, the time spent working in production groups shall be combined with the pre- and post-working periods to calculate continuous working periods.
đ. The method of calculating working periods in southern production groups as mentioned above only applies to cadres, workers, civil servants, and military personnel from the south who were relocated; however, if there are individuals from the north who, due to necessary requirements, were arranged to work in southern production groups, each case should be examined specifically to resolve.
17. Working periods at joint public-private enterprises
a. Workers and civil servants who previously worked at private enterprises in areas temporarily occupied and who continue to work at these enterprises that have become joint public-private enterprises until now:
- Time spent working for private enterprises' factories and shops during the temporary occupation period shall be counted as general working periods; if there was anti-revolutionary activity, it shall not be counted.
- Continuous working periods shall only be counted from the day the government took over the local area.
b. Workers and civil servants working at private enterprises in free areas, which have now become joint public-private enterprises, general working periods shall be counted from the day they started working at the enterprise, and continuous working periods shall be counted from July 20, 1954, if they have continuously worked at the enterprise.
c. Workers and civil servants transferred from state agencies or enterprises to work at joint public-private enterprises shall be considered to have continuously worked.
d. Small business owners and capitalists working at joint public-private enterprises shall be counted as continuous working periods from the day they were assigned work and actually worked continuously for the enterprise. If they were transferred from one enterprise to another, they shall be considered to have continuously worked.
đ. The working periods of spouses and children of capitalists who worked at enterprises or shops before the joint public-private operation, when the enterprises or shops were still owned by their families, shall not be counted as working periods. Continuous working periods for these individuals shall only be counted from the day they were assigned work and actually worked continuously for the enterprise or shop after it was put under joint public-private operation.
18. Working periods of secondary school teachers
The working periods of secondary school teachers shall be calculated according to the general regulations for state workers and civil servants. Specifically, certain points are defined as follows:
a. Time spent teaching at private homes (where parents of students supported teachers to teach in their homes) shall not be counted as working periods.
b. Time spent as a teacher under the old regime with monthly salaries (in cash or rice) shall be counted as general working periods.
c. Time spent teaching at private schools before August 1945 or in areas temporarily occupied during the anti-French resistance war with monthly salaries and using those salaries as the main source of living (without shares in the school, only having the nature of wage labor) shall be counted as general working periods; continuous working periods shall only be counted from the day the government took over the local area. Those who were nominal principals (not participating in teaching) or who independently opened private schools hiring teachers (with a business nature), even though they themselves participated in teaching, shall not have those periods counted as working periods.
d. The time spent teaching at private schools in free areas during the anti-French resistance period, where the local administrative committee permitted self-collection of tuition fees from students as the main source of livelihood, shall be counted as general working time. Continuous working time shall only be counted from the day the school was transferred to the management of a mass organization (within the United Front), or from the day it was converted to a public school system (if the conversion occurred before peace was restored), or from the day peace was restored (if the teacher continued to teach under the private school system as mentioned above).
đ. The time spent as a public school teacher recognized by the administrative committee at the district level or higher, if the work has been continuous, shall be counted as continuous working time.
19. Working time of workers and officials who were overseas compatriots.
a. Workers and officials who were overseas compatriots in capitalist countries, having worked for wages in agencies and enterprises, shall have their general working time calculated similarly to the calculation method for workers and officials within the country with working time under the old regime as stipulated in Point 3, Part II of this Circular. However, continuous working time shall only be counted from the date of recruitment into state agencies and enterprises.
If, while abroad, workers and officials who were overseas compatriots engaged in actual activities for the revolutionary movement (as secret revolutionary cadres) continue to work in state agencies and enterprises upon returning to the country, all time spent on revolutionary activities abroad shall also be counted as continuous working time.
b. Workers and officials who were overseas compatriots in socialist countries, having worked in state agencies and enterprises of socialist states while abroad, and being recruited into state agencies and enterprises upon returning to the country, the working time in state agencies and enterprises of socialist states prior to returning shall be counted as continuous working time.
20. Working time of workers and officials who are foreign compatriots.
a. Workers and officials who are foreign compatriots from capitalist countries, having worked for wages in agencies and enterprises while abroad, shall have their general working time calculated similarly to the calculation method for Vietnamese workers and officials with working time under the old regime as stipulated in Point 3, Part II of this Circular. However, continuous working time shall only be counted from the date of working in agencies and enterprises of the Democratic Republic of Vietnam.
b. Workers and officials who are foreign compatriots from socialist countries, having worked in state agencies and enterprises (socialist) while in their home country, and being recruited into state agencies and enterprises upon coming to Vietnam, such periods of time shall be considered as continuous working time.
21. Calculation of working time for fractional months.
a. When examining the conditions regarding working time to resolve benefits for workers and officials enjoying retirement benefits, termination benefits due to loss of labor capacity, and monthly pension benefits, one year must consist of twelve months, and five years must consist of sixty months. However, when workers and officials have already met the conditions to enjoy these benefits, when examining to calculate the subsidy rate, based on continuous working time, if there are fractional months, they will be rounded off as follows:
- Less than one month is not counted.
- From one month to seven months is counted as half a year.
- More than seven months is counted as a full year.
Example: An official who is sixty years old, with general working time of twenty-five years, including twelve years and eight months of continuous working time. This official has already met the conditions to enjoy retirement benefits, and the continuous working time is rounded off to thirteen years for calculating the subsidy rate; but if that person only has twelve years and twenty-nine days of continuous working time, it is rounded off to twelve years of continuous working time.
Another worker who is sixty years old, with general working time of twenty-eight years but only four years and eleven months of continuous working time. In this case, it cannot be rounded off to five years to grant the benefit of retirement, because the conditions for enjoying this benefit require at least five years (sixty months) of continuous working time.
b. Calculations of fractional months for those elderly and weak workers who must terminate employment due to loss of labor capacity but do not have five years of continuous working time, and are only entitled to a one-time subsidy according to Article 40 of the Social Insurance Regulations, shall be calculated as above.
Example: A worker who must terminate employment due to loss of labor capacity, with four years and three months of continuous working time, is considered as four and a half years and receives a one-time subsidy equivalent to four and a half months' salary, including allowances and child subsidies (if applicable); but if that person has four years and nine months of continuous working time, it is considered as five years to receive a one-time subsidy equivalent to five months' salary, including allowances and child subsidies (if applicable), rather than being considered as meeting the conditions for monthly subsidy.
The calculation of working time for workers and officials is a major policy that relates to many other policies and involves complex issues. If not handled properly, it can affect the morale, thoughts of workers and officials, internal unity, and cadre policies of the Party and State. Therefore, the Ministry of Interior urges central ministries, agencies, mass organizations, and local administrative committees to strictly lead and guide agencies and enterprises to fully understand the difficulties and complexities of the issue, firmly grasp the spirit and content of the policy, and implement it thoroughly, carefully, and accurately.
During implementation, if there are cases not covered by this Circular or specific cases requiring careful consideration, central ministries, agencies, mass organizations, and local administrative committees are advised to discuss with the Ministry of Interior to provide suggestions for resolution.
This Circular replaces the following documents and parts thereof:
- Joint Circular No. 9-TT/LB dated February 17, 1962, issued by the Ministry of Interior and the Ministry of Labor, guiding and specifying the calculation of working time for workers and officials.
- Circular No. 18-NV dated June 23, 1964, issued by the Ministry of Interior, guiding and specifying the calculation of fractional months of continuous working time for state workers and officials.
- Circular No. 640-TBHT dated March 9, 1966 of the Ministry of Home Affairs on calculating working time for workers and officials to enjoy retirement benefits, disability allowances, and pensions.
- Circular No. 5-NV dated May 27, 1970 of the Ministry of Home Affairs guiding the calculation of working time for conscripted military personnel to receive social insurance benefits.
- Point 3 (method of calculating continuous working time) in Part I of Circular No. 10-NV dated March 26, 1964 of the Ministry of Home Affairs guiding the implementation of Circular No. 84-TTg dated August 20, 1963 of the Council of Ministers on retirement allowances and termination allowances due to loss of labor capacity for state workers and officials.
- Point 1 of Circular No. 1474-TBAT dated April 26, 1965 of the Ministry of Home Affairs guiding the method of calculating working time for southern cadres with production time at the Group Corporation and workers and officials who are former military personnel transferred to civilian jobs and war invalids.
- The provision on the method of calculating working time in Point 2 of Circular No. 6-NV dated April 6, 1968 of the Ministry of Home Affairs guiding the implementation of retirement benefits, disability allowances, and pensions for primary private school teachers.
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