Decision No. 140/2009/QD-TTg On retaining position allowances for leadership positions during organizational restructuring

Pursuant to …;

On retaining position allowances for leadership positions during restructuring

trong quá trình sắp xếp, to improve organizational structure

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 01/2007/QH12 dated July 31, 2007 of the National Assembly, 12th term, first session on the structure of the Government and the number of Deputy Prime Ministers for the 12th term;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries, ministerial-level agencies;

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the central government;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under district People's Committees, urban district People's Committees, and provincial city People's Committees;

Considering the proposal of the Minister of Home Affairs,

DECISION:

Article 1. Scope of Regulation and Applicability

1. Retain position allowances for leadership positions during restructuring and organizational improvement for the following leadership positions:

a) Department Directors, Deputy Department Directors, and equivalent positions; Section Chiefs, Deputy Section Chiefs, and equivalent positions within Departments (including equivalent organizations to Departments) of Ministries, ministerial-level agencies, and agencies under the Government who cease to hold leadership positions or are appointed to new positions with lower leadership position allowances than their previous ones due to organizational restructuring.

b) Department Directors, Deputy Department Directors, and equivalent positions; Section Chiefs, Deputy Section Chiefs, and equivalent positions within Departments (including equivalent organizations to Departments) of General Departments under Ministries, ministerial-level agencies who cease to hold leadership positions or are appointed to new positions with lower leadership position allowances than their previous ones due to organizational restructuring.

c) Department Directors, Deputy Department Directors, and equivalent positions; Section Chiefs, Deputy Section Chiefs, and equivalent positions within Departments (including equivalent organizations to Departments) of provincial People's Committees and municipal People's Committees directly under the central government who cease to hold leadership positions or are appointed to new positions with lower leadership position allowances than their previous ones due to organizational restructuring.

d) Section Chiefs, Deputy Section Chiefs, and equivalent positions within district People's Committees, urban district People's Committees, and provincial city People's Committees who cease to hold leadership positions or are appointed to new positions with lower leadership position allowances than their previous ones due to organizational restructuring.

2. For equivalent leadership positions in Party agencies, state agencies, and political-social organizations that undergo organizational restructuring, the competent authority shall decide to apply the policy of retaining leadership position allowances as prescribed in this Decision.

Article 2. Duration of retention of leadership position allowances

Persons falling within the scope prescribed in Article 1 of this Decision shall enjoy the retention of their previous leadership position allowances as follows:

1. They shall retain their previous leadership position allowances from the date they cease to hold leadership positions or are appointed to new positions with lower leadership position allowances than their previous ones until the end of the term of office they were appointed before organizational restructuring according to the Resolution of the National Assembly and the Decree of the Government.

2. In cases where the term of office held is less than six months, they shall be entitled to retain their previous position allowances for a full six months from the date they cease to hold leadership positions or are appointed to new positions with lower leadership position allowances than their previous ones.

Article 3. Sources of Funds

The funds for resolving the retention of leadership position allowances for the positions prescribed in Article 1 of this Decision shall be provided from the State budget.

Article 4. Effective date

This Decision takes effect from February 15, 2010.

The regime of retaining position allowances prescribed in this Decision shall be implemented from August 1, 2007.

Article 5. Responsibilities for Implementation

The Minister, the head of a ministerial-level agency, the head of an agency under the Government, and the Chairperson of provincial People's Committees and municipal People's Committees directly under the central government, and persons falling within the scope prescribed in Article 1 shall be responsible for implementing this Decision./.