Joint Circular No. 139/2007/TTLT-BQP-BNV-BTC guides the implementation of Decision No. 72/2007/QĐ-TTg on special allowances for certain judicial positions and inspectors in the military, applying a special allowance rate from 10% to 15% based on the current rank salary level plus leadership position allowance and seniority allowance exceeding the ceiling.
Đối tượng áp dụng
Chief Judge, Deputy Chief Judge, Judge, Judicial Examiner, Court Clerk, and Criminal Enforcement Assistant under Military Courts at all levels; Prosecutor, Deputy Prosecutor, Investigator, and Examiner under Military Procuratorates at all levels; Chief Inspector, Deputy Chief Inspector, and Inspector under National Defense Inspection; Head, Deputy Head, and Investigator under the Investigation Department of the Central Military Procuratorate; Head, Deputy Head, and Investigator under the Criminal Investigation Department and Security Investigation Departments at all levels; Enforcement Officer under Military Regions and Naval Forces.
Các điểm cốt lõi
- Chief Judge, Deputy Chief Judge, Judge, Judicial Examiner, Court Clerk, and Criminal Enforcement Assistant under Military Courts at all levels; Prosecutor, Deputy Prosecutor, Investigator, and Examiner under Military Procuratorates at all levels; Chief Inspector, Deputy Chief Inspector, and Inspector under National Defense Inspection; Head, Deputy Head, and Investigator under the Investigation Department of the Central Military Procuratorate; Head, Deputy Head, and Investigator under the Criminal Investigation Department and Security Investigation Departments at all levels; Enforcement Officer under Military Regions and Naval Forces shall enjoy a special allowance rate from 10% to 15% based on the current rank salary level plus leadership position allowance and seniority allowance exceeding the ceiling.
- The special allowance shall not be counted towards social insurance and health insurance benefits.
- The provisions set forth in Article 1 of this Circular shall take effect from the month in which the relevant person is appointed. When such person is relieved of duty, dismissed, deceased, or resigns from the position specified in Article 1 of this Circular, they shall cease to receive the special allowance from the following month.
- The special allowance shall not be counted towards social insurance and health insurance benefits.
- Special allowances for certain judicial positions and inspectors in the military shall be paid together with monthly salaries; each unit shall pay for its own personnel.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps increase income for civil servants and officials holding judicial positions and inspector roles in the military.
- Negative impact: Increased costs for the state budget due to the need to pay special allowances.
- Beneficiaries of this regulation are civil servants and officials holding the positions mentioned above.
❓ Câu hỏi thường gặp
Who is eligible to receive the special allowance?
Chief Judge, Deputy Chief Judge, Judge, Judicial Examiner, Court Clerk, and Criminal Enforcement Assistant under Military Courts at all levels; Prosecutor, Deputy Prosecutor, Investigator, and Examiner under Military Procuratorates at all levels; Chief Inspector, Deputy Chief Inspector, and Inspector under National Defense Inspection; Head, Deputy Head, and Investigator under the Investigation Department of the Central Military Procuratorate; Head, Deputy Head, and Investigator under the Criminal Investigation Department and Security Investigation Departments at all levels; Enforcement Officer under Military Regions and Naval Forces.
What is the amount of the special allowance?
A rate of 15% applies to Chief Judge, Deputy Chief Judge, and Judge under Military Courts at all levels; Prosecutor, Deputy Prosecutor, and Investigator under Military Procuratorates at all levels; Chief Inspector, Deputy Chief Inspector, and Inspector under National Defense Inspection; Head, Deputy Head, and Investigator under the Investigation Department of the Central Military Procuratorate; Head, Deputy Head, and Investigator under the Criminal Investigation Department and Security Investigation Departments at all levels; Enforcement Officer under Military Regions and Naval Forces. A rate of 10% applies to Examiner under Military Procuratorates at all levels; Criminal Enforcement Assistant, Judicial Examiner, and Court Clerk under Military Courts at all levels; Civil Enforcement Examiner under the Enforcement Department of the Ministry of National Defense.
Is the special allowance counted towards social insurance and health insurance benefits?
No, the special allowance is not counted towards social insurance and health insurance benefits.
When does the recipient start and stop receiving the special allowance?
The recipient specified in Article 1 of this Circular shall begin to receive the special allowance from the month in which they are appointed. When they are relieved of duty, dismissed, deceased, or resigns from the position specified in Article 1 of this Circular, they shall cease to receive the special allowance from the following month.
How is the special allowance paid?
Special allowances for certain judicial positions and inspectors in the military shall be paid together with monthly salaries; each unit shall pay for its own personnel.
Toàn văn
JOINT CIRCULAR
OF THE MINISTRY OF NATIONAL DEFENSE - THE MINISTRY OF HOME AFFAIRS - THE MINISTRY OF FINANCE
JOINT CIRCULAR NO. 139/2007/TTLT-BQP-BNV-BTC DATED SEPTEMBER 7, 2007 GUIDING THE IMPLEMENTATION OF DECISION NO. 72/2007/QD-TTg DATED MAY 23, 2007 OF THE PRIME MINISTER ON THE REGIME OF SPECIAL ALLOWANCES FOR CERTAIN JUDICIAL AND INSPECTION POSITIONS IN THE ARMED FORCES
REGARDING THE REGIME OF SPECIAL ALLOWANCES FOR CERTAIN JUDICIAL AND INSPECTION POSITIONS IN THE ARMED FORCES
Pursuant to Decision No. 72/2007/QD-TTg dated May 23, 2007 of the Prime Minister on the regime of special allowances for certain judicial and inspection positions in the armed forces; the Ministry of National Defense - the Ministry of Home Affairs - the Ministry of Finance guide the implementation as follows:
I. OBJECTS AND SCOPE OF APPLICATION
The regime of special allowances shall be applied to certain judicial and inspection positions working at investigation agencies; prosecution offices; courts; enforcement agencies and inspection agencies in the armed forces as follows:
1. Chief Judge, Deputy Chief Judge, Judge, Judicial Examiner, Clerk of Court, and Assistant Criminal Enforcement Officer under military courts at all levels;
2. Prosecutor-in-Chief, Deputy Prosecutor-in-Chief, Prosecutor, and Examiner under military prosecution offices at all levels;
3. Chief Inspector, Deputy Chief Inspector, Inspector under the defense inspection system;
4. Head, Deputy Head, Investigator under the Investigation Agency of the Central Military Prosecution Office; Head, Deputy Head, Investigator under the Criminal Investigation Agency, security investigation agencies at all levels;
5. Civil Enforcement Examiner under the Enforcement Bureau of the Ministry of National Defense; Enforcement Officer of Military Regions and Naval Forces.
II. AMOUNT OF SPECIAL ALLOWANCE.
1. Rate of 15%: applicable to Chief Judge, Deputy Chief Judge, Judge under military courts at all levels; Prosecutor-in-Chief, Deputy Prosecutor-in-Chief, Prosecutor under military prosecution offices at all levels; Chief Inspector, Deputy Chief Inspector, Inspector under the defense inspection system; Head, Deputy Head, Investigator under the Investigation Agency of the Central Military Prosecution Office; Head, Deputy Head, Investigator under the Criminal Investigation Agency, security investigation agencies at all levels; Enforcement Officer of Military Regions and Naval Forces.
2. Rate of 10%: applicable to Examiner under military prosecution offices at all levels; Assistant Criminal Enforcement Officer, Judicial Examiner, and Clerk of Court under military courts at all levels; Civil Enforcement Examiner under the Enforcement Bureau of the Ministry of National Defense.
3. The amount of special allowance specified in Clauses 1 and 2 of this Section shall be calculated based on the current rank salary, grade level salary, leadership position allowance, and seniority allowance exceeding the ceiling (if any).
Example: Comrade A is an Investigator, rank: Senior Colonel, Position: Deputy Head of Security Investigation Department (position coefficient: 0.8).
The calculation of Comrade A's monthly special allowance is as follows:
{(7.3 + 0.8) x 450,000 VND/month} x 15% = 546,750 VND/month.
III. METHOD OF PAYMENT
1. Those who are appointed as prescribed in Article 1 of this Circular from which month shall enjoy the special allowance regime from that month. When they are relieved of their duties, removed from office, deceased, or resign from the positions prescribed in Article 1 of this Circular from which month, they shall cease to enjoy the special allowance regime from the following month.
The following cases shall not be entitled to special allowance:
- Time spent abroad on assignment, work, or study receiving 40% of salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government;
- Time spent on domestic assignments, studies not directly related to professional work for three months or more;
- Time off due to illness or maternity leave exceeding the period prescribed by the Social Insurance Law;
- Time off without pay for personal reasons for one month or more;
- Time suspended from duty.
2. Special allowances for certain judicial and inspection positions in the armed forces shall not be counted towards social insurance and health insurance benefits.
3. The amount of special allowance specified in this Circular shall be paid together with the monthly salary; those belonging to a unit shall be paid by that unit and recorded under Item 102, Sub-item 08, corresponding sector in the state budget application in the armed forces.
IV. ORGANIZATION AND IMPLEMENTATION
1. This Circular shall take effect 15 days after its publication in the Official Gazette.
Repeal Joint Circular No. 05/2001/TTLT-BTP-BTCCBCP-BTC-BCA dated March 28, 2001 of the Ministry of Justice, the Government Organizational and Cadre Management Council, the Ministry of Finance, the Ministry of Public Security guiding the regime of allowances for certain judicial positions; Joint Circular No. 34a/2001/TTLT-BTCCBCP-BTC-BTP dated June 21, 2001 of the Government Organizational and Cadre Management Council, the Ministry of Finance, the Ministry of Justice guiding the regime of allowances for Civil Enforcement Officers.
The regime of special allowances for certain judicial and inspection positions in the armed forces guided in this Circular shall be enjoyed from the date Decision No. 72/2007/QD-TTg dated May 23, 2007 of the Prime Minister takes effect.
2. In the course of implementation, if there are difficulties, agencies and units shall report to the Ministry of National Defense for research and resolution.
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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DEPUTY MINISTER TRAN VAN TA |
SIGNATURE OF THE MINISTER OF HOME AFFAIRS DEPUTY MINISTERTRAN HUU THANG |
DEPUTY MINISTER OF NATIONAL DEFENSE DEPUTY MINISTER NGUYEN VAN DUOC |
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