Circular No. 130/2005/TT-BNV guiding the implementation of certain provisions of Decree No. 54/2005/NĐ-CP on retirement benefits and compensation for training costs for civil servants and public officials.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 54/2005/NĐ-CP on Termination Benefits and Training Cost Compensation for Civil Servants

concerning termination benefits and training cost compensation for civil servants

Pursuant to Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government on termination benefits and training cost compensation for civil servants, the Ministry of Home Affairs hereby provides guidelines for implementing certain provisions of the aforementioned Decree as follows:

I. SCOPE AND SUBJECTS REGULATED

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These Circulars provide detailed guidance on cases eligible for termination benefits, duration of service and calculation of termination allowances; situations requiring compensation for training costs, situations exempt from such compensation, required service period, and calculation of compensation costs for civil servants as stipulated in Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government on termination benefits and training cost compensation for civil servants (hereinafter referred to as Decree No. 54/2005/NĐ-CP).

2. Subjects Regulated

2.1. Persons specified in points c and e of Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Civil Servants working in the following organizations:

2.1.1. Organizations under the Office of the National Assembly performing functions and tasks assisting the National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, and Committees of the National Assembly, and Committees of the Standing Committee of the National Assembly.

2.1.2. Organizations assisting the Chairman of the State President's Office in serving the State President in performing functions and tasks as prescribed by the Constitution and laws.

2.1.3. Organizations assisting Ministers, Heads of Ministries equivalent to Ministries, and agencies under the Government.

2.1.4. Organizations assisting People's Committees at provincial and centrally governed city levels, and People's Committees at district, town, and provincial-level city levels.

2.1.5. Organizations assisting People's Courts and People's Procuratorates at all levels in performing functions and tasks as prescribed by the Constitution and laws.

2.1.6. Agencies representing the Socialist Republic of Vietnam abroad.

2.1.7. Units under the People's Army and the People's Public Security Force.

2.2. Judges of People's Courts and Prosecutors of People's Procuratorates.

2.3. Persons recruited or assigned to hold specialized positions as stipulated in point h of Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Civil Servants, as defined in the People's Committee at the commune level.

2.4. Persons stipulated in Clause 1, Article 2 of Decree No. 54/2005/NĐ-CP seconded to work in economic organizations, social organizations, and social-professional organizations.

The persons mentioned in points 2.1, 2.2, 2.3, and point 2.4 of Section 2 Part I of this Circular shall be collectively referred to as civil servants hereafter.

2.5. Persons stipulated in point d of Clause 1, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Civil Servants working in state-owned public service units established within their authority, in accordance with legal procedures, having seals, legal personality, and bank accounts or national treasury accounts (collectively referred to as staff members).

2.6. Persons recruited or appointed to non-civil servant positions not subject to Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on Implementing Employment Contracts for Certain Types of Work in Administrative State Agencies and State-Owned Public Service Units.

II. TERMINATION BENEFITS REGIME

1. Cases Eligible for Termination Benefits

1.1. Civil servants and staff members are entitled to termination benefits as provided for in Article 5 of Decree No. 54/2005/NĐ-CP.

1.2. Staff members falling under one of the cases not yet eligible for termination as stipulated in Clause 3, Article 7 of Decree No. 54/2005/NĐ-CP but still wishing to resign must submit a voluntary resignation application for the competent agency or unit to consider and resolve the termination benefits regime.

2. Duration of Service for Calculation of Termination Allowance

2.1. The duration of service for calculating termination allowance for civil servants is implemented according to Clause 1, Article 9 of Decree No. 54/2005/NĐ-CP, while for staff members recruited before July 1, 2003, it is implemented according to point a, Clause 2, Article 9 of Decree No. 54/2005/NĐ-CP.

For staff members recruited from July 1, 2003 onwards, the duration of service for calculating termination allowance is implemented according to point b, Clause 2, Article 9 of Decree No. 54/2005/NĐ-CP.

In cases where staff members have previously signed labor contracts with social insurance contributions at state-owned public service units, the duration of such labor contracts will be counted towards the entitlement to termination allowance.

3. Calculation of Termination Allowance

3.1. Current monthly salary and state-prescribed allowances as stipulated in Article 8 of Decree No. 54/2005/NĐ-CP include:

3.1.1. Salary grade: the current salary according to the grade and level as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, staff members, and armed forces personnel.

3.1.2. Allowances to be included in the calculation include: leadership position allowance, regional allowance, seniority allowance exceeding the standard range, and retention coefficient.

3.2. The calculation of termination allowance is as follows: multiply the total duration of service as stipulated in Article 9 of Decree No. 54/2005/NĐ-CP by half (1/2) of the current monthly salary and allowances (if any) at the time when the civil servant or staff member receives the termination decision.

Example 1: Mr. Nguyen Van A was recruited from May 1995 to April 2005 and voluntarily resigned, which was approved by the competent authority and he received a termination decision. Therefore, Mr. A has 10 years of service and social insurance contributions. Mr. A holds the specialist rank (code 01.003) with a salary coefficient of 3.00 and enjoys a deputy department head allowance of 0.4. The total amount of termination allowance Mr. A receives is:

allowance = 5,950,000 VND

III. TRAINING COST COMPENSATION REGIME

1. Cases Where Civil Servants and Staff Members Must Compensate for Training Costs

1.1. Civil servants and officials who are sent for training inside and outside the country for a period of three (3) months or more without completing the required service time as stipulated in Clause 2, Article 13 of Decree No. 54/2005/NĐ-CP and who voluntarily quit their job or unilaterally terminate their employment contract.

1.2. Civil servants and officials who have completed enrollment procedures and received funding from their agency or unit for training but voluntarily quit their job or unilaterally terminate their employment contract.

2. Cases where civil servants and officials are not required to compensate for training costs.

2.1. Civil servants and officials who are sent for training inside and outside the country for a period of three (3) months or more and who have worked the required service time as stipulated in Clause 2, Article 13 of Decree No. 54/2005/NĐ-CP but voluntarily quit their job or unilaterally terminate their employment contract.

2.2. Civil servants and officials who are sent for training but have not completed enrollment procedures and have not received funding from their agency or unit for training, or who have completed enrollment procedures but have not received funding from their agency or unit for training, are not required to compensate for the training costs of that course.

3. Service obligation period and calculation of compensation costs.

3.1. The service obligation period after completing a training course is calculated at three (3) times the duration of the training course.

3.2. Civil servants and officials who voluntarily quit their job or unilaterally terminate their employment contract while being sent for training must compensate the full cost of the training course.

Example 2: Ms. Nguyen Thi B works at Unit P and was sent for a master's program with a two (2)-year training period. After completing the training, Ms. B must work at Unit P for six (6) years to avoid having to compensate for the training costs.

If Ms. B only works for two (2) years after completing her master's program and the training cost is fifteen (15) million VND (including travel expenses), then the training cost Ms. B must compensate is:

If Ms. B quits her job immediately after completing the above training program or quits during the training period, she must compensate fifteen (15) million VND.

3.3. For civil servants and officials who are sent for multiple non-consecutive training courses or multiple courses within the same period, if they voluntarily quit their job or unilaterally terminate their employment contract during the training period of one course or immediately after returning to the agency/unit, the period for calculating the compensation cost is the total duration of all courses compared to the total working time at the agency/unit since returning to work after the first course.

Example 3: Mr. Tran D works at Agency M and was sent for a master's program with a two (2)-year training period, with a training cost (including travel expenses) of fifteen (15) million VND. After completing the training, Mr. D returned to work at Agency M for three (3) years. During this time, he was again sent for a doctoral program with a three-year training period, with a training cost (including travel expenses) of ten (10) million VND. While studying in the advanced political theory course, Mr. D voluntarily quit his job. Therefore, the training cost Mr. D must compensate is:

Example 4: Ms. Nguyen Thi H works at Unit X and was sent for a bachelor's degree program with a four (4)-year training period, with a training cost (including travel expenses) of twenty (20) million VND. At the same time, she was also sent for a level B foreign language course with a six-month training period (after working hours), with a training cost (including travel expenses) of two (2) million VND. After completing both the foreign language course and the bachelor's degree program, Ms. H worked at Unit X for two (2) years before unilaterally terminating her employment contract. Therefore, the training cost Ms. H must compensate is:

IV. IMPLEMENTATION

1. The Minister, Head of a ministry-level agency, agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for implementing this Circular.

2. This Circular replaces Circular No. 28/1999/TT-BTCCBCP dated July 31, 1999, issued by the Government Organizational and Cadre Affairs Council (now the Ministry of Home Affairs) guiding the implementation of Decree No. 96/1998/NĐ-CP dated November 17, 1998, of the Government on the termination of employment for cadres and civil servants.

3. This Circular takes effect fifteen days after its publication in the Official Gazette.

4. In the process of implementation, if there are difficulties, ministries, ministry-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall promptly report to the Ministry of Home Affairs for research and resolution./.