Circular No. 152/2007/TT-BQP guiding the transfer of salary grades for officers; defense civil servants; non-commissioned officers, soldiers transferring to serve under the professional military personnel system.

CIRCULAR

Guidelines on salary classification for officers; defense civil servants; non-commissioned officers, soldiers transferring to serve under the professional military personnel system

Pursuant to Clause 5, Article 11 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for cadres, civil servants, public officials, and armed forces;

Pursuant to Decree No. 18/2007/NĐ-CP dated February 1, 2007 of the Government on professional military personnel in the Vietnam People's Army;

After receiving opinions from the Ministry of Home Affairs (Letter No. 1693/BNV-TL dated June 14, 2007) and the Ministry of Finance (Letter No. 7623/BTC-VI dated June 11, 2007), the Ministry of National Defense issues guidelines on salary classification for officers; defense civil servants; non-commissioned officers, soldiers transferring to serve under the professional military personnel system as follows:

I. SUBJECTS AND SCOPE OF APPLICATION

When the Military has staffing needs, the following subjects shall be considered for transfer to serve under the professional military personnel system:

1. Officers of the Vietnam People's Army;

2. Defense civil servants with technical and vocational qualifications meeting the requirements of the Military, who have served at least two years in the Military, received military training in accordance with the regulations of the Ministry of National Defense, and voluntarily transferred to serve under the professional military personnel system;

3. Non-commissioned officers and soldiers who have graduated from non-commissioned officer schools, technical and vocational schools within and outside the Military; non-commissioned officers serving as squad leaders and deputy platoon leaders (or equivalent positions).

II. PRINCIPLES FOR CLASSIFYING PROFESSIONAL MILITARY PERSONNEL SALARIES

1. Based on educational level (university, college, secondary) and the job category being performed, they will be classified into the corresponding educational level and job category;

2. In cases where the job does not match the trained profession, they will be classified according to the actual profession and job being performed;

3. When transferring to the professional military personnel salary scale, there will be no simultaneous implementation of salary grade increases.

III. METHODS FOR CLASSIFYING SALARIES

1. For officers

a) Based on the new professional technical position assumed and the current rank pay coefficient to transfer to the corresponding professional military personnel senior level salary scale as follows:

Officer

Professional Military Personnel Senior Level

b) The time of receiving professional military personnel salary starts from the date of signing the Decision to transfer to the professional military personnel system.

The timing for the next salary grade increase for professional military personnel is calculated as follows: If the difference between the professional military personnel salary coefficient and the officer's salary coefficient is equal to or greater than the difference between two consecutive grades of the same professional military personnel category, it will be calculated from the date of signing the Decision to transfer to the professional military personnel system; if it is less than the difference between two consecutive grades of the same professional military personnel category, it will be calculated from the date of promotion to officer rank or officer salary increase.

Example 1: Comrade A is an officer, rank Captain with a salary coefficient of 6.4 (first salary increase - August 2005); in September 2007, he was transferred to the professional military personnel system and assumed the position of Research Assistant (Category 1).

Comrade A's professional military personnel salary classification is as follows:

- Rank Captain, first salary increase with a coefficient of 6.40, transferred to Category 1, professional military personnel senior level with a coefficient of 6.65;

- The difference between the professional military personnel salary coefficient and the officer's salary coefficient of Comrade A is 0.25, which is less than 0.35 (the difference between two consecutive salary levels of professional military personnel), so the timing for the next professional military personnel salary grade increase of Comrade A is calculated from August 2005 (the date of officer salary increase).

c) Specifically, for officers of the rank of major and lieutenant colonel who have been at one rank or received their first or second salary increase for three years (36 months) or more and meet the criteria for salary grade increase, they will be eligible for one additional salary grade increase in the professional military personnel salary scale, with the corresponding adjacent coefficient in the same category of the professional military personnel salary scale. The timing for the next salary grade increase will be calculated from the date of promotion to officer rank or officer salary increase plus an additional 36 months (as they have already been eligible for one additional salary grade).

Example 2: Comrade B is an officer, rank Lieutenant Colonel, received his first salary increase in July 2003. In September 2006, he was transferred to the professional military personnel system and assumed the position of Research Assistant (Category 1).

- Rank Lieutenant Colonel, first salary increase with a coefficient of 5.80, transferred to Category 1, professional military personnel senior level with a coefficient of 5.95;

- Rank Captain, first salary increase with a coefficient of 6.40, transferred to Category 1, professional military personnel senior level with a coefficient of 6.65;

- From July 2003 to September 2006, Comrade A had 39 months (3 years 3 months) at the first salary increase level of Lieutenant Colonel; therefore, he was classified to one grade above in Category 1 with a coefficient of 6.30 and the timing for the next salary grade increase is July 2006.

2. Defense civil servants transferring to professional military personnel

2.1. For defense civil servants who have been classified according to the professional, administrative, service, and support salary scales issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government, with technical and vocational qualifications meeting the requirements of the Military, who have served at least two years in the Military, received military training in accordance with the regulations of the Ministry of National Defense, and voluntarily transferred to serve under the professional military personnel system, the following procedures shall be implemented:

2.1.1. In cases where defense civil servants have not yet enjoyed tenure beyond the framework before transferring to the professional military personnel system.

a) Based on educational level; new professional technical position assumed and the current professional, administrative, service, and support salary coefficient of the defense civil servant to transfer to the corresponding professional military personnel category as follows:

a) Based on the level of training; the new position and professional title assumed and the current salary coefficient for defense civil servants being transferred to the salary coefficient corresponding to the group and category of professional military personnel as follows:

- Step 1: Obtain the current professional and technical salary coefficient of the defense worker and add it to the higher salary coefficient difference between the professional military personnel and the defense worker according to the table below:

- Step 2: Based on the result of Step 1, transfer to the grade with the salary coefficient equal to or closest to the higher in the group and type of professional military personnel.

The timing for the next salary grade increase for professional military personnel is calculated as follows: If the difference between the professional military personnel salary coefficient and the officer's salary coefficient is equal to or greater than the difference between two consecutive grades of the same professional military personnel category, it will be calculated from the date of signing the Decision to transfer to the professional military personnel system; if it is less than the difference between two consecutive grades of the same professional military personnel category, it will be calculated from the date of promotion to officer rank or officer salary increase.

The time for considering the increase in the salary grade of professional military personnel shall be calculated as follows: If the difference between the salary coefficient of professional military personnel and the total current salary coefficient of the defense worker plus the higher salary coefficient difference specified in the table above (at Section 2.1.1 (a) Point 2.1 Clause 2 hereof) is equal to or greater than the difference between two consecutive salary grades within the rank in the professional and technical salary table for civil servants and officials in state agencies, then it shall be counted from the date of signing the Decision on transferring to the professional military personnel salary system; if it is less, it shall be counted from the date of ranking the salary coefficient within the rank in the professional and technical salary table for civil servants and officials in state agencies.

2.1.2. In the case where the defense worker has been enjoying seniority allowance exceeding the ceiling before transferring to the professional military personnel salary system.

When the defense worker is currently enjoying seniority allowance exceeding the ceiling and is transferred to the professional military personnel salary system, they shall be ranked into the grade, group, and type of professional military personnel with the salary coefficient equal to or closest to the higher based on the total salary coefficient including the seniority allowance exceeding the ceiling being enjoyed and the higher salary coefficient difference specified in the table above (at Section 2.1.1 (a) Point 2.1 Clause 2 hereof). The time for enjoying the professional military personnel salary and the next consideration for increasing the salary grade of the professional military personnel shall be counted from the date of signing the Decision on transferring to the professional military personnel salary system.

Example 3: Comrade C, since July 2006, has been enjoying an 8% seniority allowance exceeding the ceiling at the Civil Servant Type C rank, with a total salary coefficient of 3.92 (salary coefficient 3.63 plus 8% VK). In September 2007, Comrade C met the conditions and was considered for transferring to the Grade 1, Junior Level professional military personnel salary.

The salary transfer for Comrade C as a professional military personnel is as follows:

- The total salary coefficient including the seniority allowance exceeding the ceiling and the higher salary coefficient difference specified in the table at Section 2.1.1 (a) Point 2.1 Clause 2 hereof, for Comrade C is: 5.07 { = 3.63 + (3.63 x 8%) + 1.55};

- Comrade C is transferred to Grade 9, Group 1, Junior Level professional military personnel with a salary coefficient of 5.20 and enjoys the professional military personnel salary from September 2007 (the date of signing the Decision on transferring to the professional military personnel salary system).

2.1.3. In the case where the defense worker is currently enjoying seniority allowance exceeding the ceiling when transferring to the professional military personnel salary system, and the total salary coefficient including the seniority allowance exceeding the ceiling and the higher salary coefficient difference specified in the table above (at Section 2.1.1 (a) Point 2.1 Clause 2 hereof) is greater than the highest salary coefficient in the group and type of professional military personnel, they shall be ranked into the highest grade in the group and type of professional military personnel and enjoy an additional differential coefficient retained to equal the total salary coefficient. The time for enjoying the professional military personnel salary (including the retained differential coefficient) and the time for considering the seniority allowance exceeding the ceiling of the professional military personnel shall be counted from the date of signing the Decision on transferring to the professional military personnel salary system.

The retained differential coefficient is only rounded off to two decimal places and is enjoyed throughout the period of enjoyment in the group and type of professional military personnel.

Example 4: Comrade D, since February 2006, has been enjoying a 5% seniority allowance exceeding the ceiling at the Civil Servant Type A1 rank, with a total salary coefficient of 5.23 (salary coefficient 4.98 plus 5% VK). In September 2007, Comrade D met the conditions and was considered for transferring to the Grade 1, Intermediate Level professional military personnel salary.

The salary transfer for Comrade D as a professional military personnel is as follows:

- The total salary coefficient including the seniority allowance exceeding the ceiling and the higher salary coefficient difference specified in the table at Section 2.1.1 (a) Point 2.1 Clause 2 hereof, for Comrade D is 6.87 { = 4.98 + (4.98 x 5%) + 1.64};

- Comrade D is transferred to Grade 10, Group 1, Intermediate Level professional military personnel with a salary coefficient of 6.20 and retains a differential coefficient of 0.67 (= 6.87 – 6.20) from September 2007 (the date of signing the Decision on transferring to the professional military personnel salary system). After three years (September 2010), Comrade D meets the criteria and conditions to consider enjoying a 5% seniority allowance exceeding the ceiling and continues to enjoy the retained differential coefficient of 0.67.

2.2. For defense workers who are ranked according to the wage scales issued together with Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government, and are subject to transferring to the professional military personnel salary system, the following shall apply:

- Step 1: Implement the transfer of wages for those currently ranked according to the wage scales issued together with Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government, to the professional and technical service salary scale issued together with Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government.

The transfer method is stipulated in Article 10, Section III of Circular No. 79/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding the transfer of wages for civil servants, officials, and employees when changing jobs and cases of transferring work from the armed forces, cryptic services, and state-owned companies to work in state agencies and state-run units.

- Step 2: Based on the results of the transfer in Step 1, implement the transfer from the civil servant and official defense salary system to the professional military personnel salary system as stipulated in Article 2, Section III of this Circular.

2.3. Seniority allowance: Calculated when having served for five years (sixty months) from the date of the decision to transfer to the professional military personnel system according to the current seniority allowance calculation method.

Those who have served as military personnel or with interrupted periods shall be accumulated, but must necessarily complete sixty months to be calculated.

Cease implementation of the national defense-security service allowance from the date of transferring to the professional military personnel system.

3. For Non-commissioned Officers and Soldiers:

Non-commissioned Officers serving as squad leaders, deputy platoon leaders (or equivalent): Non-commissioned Officers and Soldiers graduating from non-commissioned officer schools, technical and specialized vocational schools within and outside the military, meeting the conditions to transfer to professional military personnel status, shall be considered for placement at level 1 of the salary group corresponding to their educational qualifications in the professional military personnel salary table.

IV. IMPLEMENTATION

1. The transfer to the professional military personnel system by agencies and units must be disseminated and thoroughly understood by each individual; when considering the transfer to the professional military personnel system, it must be specific, accurate to the target individuals, standards, and strictly applied to each person to ensure transparency and democracy.

2. Twice a year, in May and November, agencies and units report the list of proposed transfers to the professional military personnel system to the Ministry of National Defense through the Military Personnel Department for those under the management of the Military Personnel Department. For those under the management of the Cadre Department, agencies and units report the list of proposed transfers to the professional military personnel system once a year at the same time as the promotion and pay raise requests for the rank of Major (through the Cadre Department).

In December each year, agencies and units report the results of implementation to the Cadre Department and the Military Personnel Department (according to the management hierarchy) for consolidation and reporting to the head of the Ministry of National Defense.

3. The authority to transfer systems, set salaries, and confer military ranks for professional military personnel shall be implemented according to current regulations.

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

During the implementation process, if there are difficulties, agencies and units shall reflect them to the Ministry of National Defense (through the Finance Department - BQP) for resolution./.