Decree No. 157/2005/ND-CP on certain benefits for officials and civil servants working on a term basis at Vietnamese agencies abroad

DECREE

Regulations on certain benefits for officials and civil servants working at Vietnamese agencies abroad during their term of office

Working at Vietnamese agencies abroad during their term of office

THE GOVERNMENT

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

Pursuant to the Civil Servant Ordinance dated February 26, 1998, and the Ordinance Amending and Supplementing Certain Articles of the Civil Servant Ordinance dated April 29, 2003;

Pursuant to the Ordinance on Vietnamese Agencies Abroad dated December 2, 1993;

Considering the proposals of the Minister of Foreign Affairs, the Minister of Public Security, and the Minister of Finance,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

This Decree stipulates the living allowance, subsidies, and other benefits for officials and civil servants working at Vietnamese agencies abroad during their term of office, including Vietnamese agencies abroad as defined in the Ordinance on Vietnamese Agencies Abroad that operate abroad and are funded by the state budget (hereinafter referred to as Vietnamese agencies abroad).

Article 2. Benefits for officials and civil servants working at Vietnamese agencies abroad during their term of office

During their term of office at Vietnamese agencies abroad, officials and civil servants shall be reimbursed for housing, electricity, water, fuel costs, and shall receive a living allowance, certain allowances, and other benefits provided by the state budget as specified in this Decree; they shall also receive 40% of their current salary and leadership position allowances, and allowances for exceeding the tenure limit (if applicable) while in Vietnam; they shall continue to contribute to social insurance as if they were working in Vietnam.

Article 3. Basis for determining benefits for officials and civil servants working at Vietnamese agencies abroad during their term of office

The living allowance, allowances, subsidies, diplomatic spouse benefits, and other benefits are established based on material and spiritual needs to ensure normal living conditions to fulfill their duties abroad, consistent with the economic conditions of the state, the characteristics of foreign affairs work, and the specific circumstances of the working area.

Article 4. Principles for applying the living allowance

Clause 1. The living allowance is uniformly applied to officials and civil servants working at Vietnamese agencies abroad during their term of office.

Clause 2. Those holding higher positions shall receive a higher living allowance index.

Article 5. Source of funds for implementation

The funds for implementing the living allowance, allowances, subsidies, diplomatic spouse benefits, and other benefits prescribed in this Decree shall be allocated in the annual state budget according to the State Budget Law and form part of the budget of Vietnamese agencies abroad.

Chapter II

SPECIFIC PROVISIONS

Article 6. Living Allowance

Clause 1. The living allowance for officials and civil servants working at Vietnamese agencies abroad during their term of office has three minimum levels: 400, 450, and 500 USD per person per month.

Clause 2. The minimum living allowance level will be reviewed and adjusted when the consumer price index in the country where the Vietnamese agency is located increases by 10% or more, or when the state's economic and financial conditions permit.

Clause 3. The living allowance index for Vietnamese agencies abroad is determined based on the standard rank system and diplomatic positions of officials and civil servants at Vietnamese agencies and the domestic salary scale. The highest living allowance index is 250%, and the lowest is 80%.

Clause 4. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Finance to specify the minimum living allowance applicable to each country where Vietnamese agencies are located and to establish living allowance tables for five groups: diplomatic officials and civil servants; administrative and public service officials and civil servants; defense and police officials and civil servants; technical and logistics officials and civil servants; and spouses.

Article 7. Allowances and Subsidies

1. Ambassadors and Heads of Vietnamese representative offices abroad who are assigned by authorized authorities of the Party and State to concurrently perform duties in other countries or international organizations in other countries shall be entitled to receive area allowance not exceeding 15% of the minimum living expense rate.

2. In cases where Vietnamese agencies abroad cannot allocate sufficient number of civil servants according to approved staffing, civil servants assigned by authorized authorities to concurrently perform duties shall be entitled to receive an allowance not exceeding 15% of the minimum living expense rate.

3. Civil servants working on terms in areas during periods of war or serious epidemics threatening lives shall be entitled to receive subsidies, with a maximum not exceeding 30% of the minimum living expense rate.

4. Civil servants working on terms who must work at night or overtime shall be entitled to receive compensatory leave or overtime allowances as stipulated.

5. Female civil servants working on terms shall receive a monthly allowance of 5% of the minimum living expense rate.

Article 8. Other Provisions

1. Civil servants working on terms at Vietnamese agencies abroad shall be reimbursed by the State for the following expenses:

a) Costs for purchasing work attire and essential items during their term of service;

b) Airfare and excess baggage fees of 50 kg beyond airline regulations when leaving Vietnam to the place of duty and upon completion of the term returning home. Ambassadors and Heads of Vietnamese representative offices shall enjoy business class airfare standards when first arriving at the place of duty and upon completion of the term returning home; when presenting credentials and concluding terms in countries where they concurrently serve, and when traveling with local officials or organized by diplomatic delegations. If traveling by train, they shall enjoy first-class carriage standards;

c) Health insurance for medical examination and treatment abroad as stipulated;

d) Travel expenses when traveling within the host country or to another country as stipulated.

2. Civil servants working on terms at Vietnamese agencies abroad shall be exempted or granted tax reductions on personal assets and means of transportation brought back to Vietnam upon completion of their term according to current laws (for cars, specific provisions apply based on State regulations in each period).

Article 9. Diplomatic Spouse System

1. Civil servants working on terms at Vietnamese agencies abroad holding positions from First Secretary and above, Heads of Vietnamese agencies abroad not holding diplomatic positions, and civil servants receiving overseas living expense indices equivalent to those of First Secretaries and above shall be entitled to receive spouse benefits funded by the State budget.

2. Spouses of Ambassadors shall receive 125% of the minimum living expense rate; spouses of Chargés d'Affaires, Deputy Chiefs of Mission, Chiefs of Mission, and Heads of Vietnamese agencies abroad not holding diplomatic positions shall receive 110%; spouses of First Secretaries and civil servants with living expense indices equivalent to those of First Secretaries and above shall receive 80%.

3. Spouses of Ambassadors and Heads of Vietnamese representative offices when arriving at the host country to take up duties and upon completion of the term returning home by air shall enjoy business class airfare standards. If traveling by train, they shall enjoy first-class carriage standards.

4. Spouses shall enjoy health insurance for medical examination and treatment abroad as civil servants working on terms abroad and other benefits (attire standards, airfare, baggage fees...) as stipulated. Additionally, spouses shall receive a monthly allowance of 5% of the minimum living expense rate as stipulated in Clause 5, Article 7 of this Decree.

5. Spouses who are civil servants receiving salaries from the State budget during the period of enjoying spouse benefits at Vietnamese agencies abroad shall receive 40% of their current basic salary in Vietnam and continue to contribute to social insurance.

6. Spouses who are not State civil servants but have previously participated in mandatory social insurance before going abroad shall continue to contribute to social insurance according to the laws on social insurance.

7. Spouses who are State civil servants upon completion of their term shall return to their previous agency to work and implement domestic salary increment systems according to the regulations of the managing agency based on general State provisions.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

The provisions of this Decree shall be applicable from January 1, 2006.

2. This Decree replaces Decree No. 105/CP dated June 22, 1965 issued by the Council of Ministers on the preferential treatment system for staff working abroad. Any provisions in previous documents that contradict the provisions of this Decree shall be abolished.

Article 11. Responsibilities for guidance and implementation

1. The Ministry of Foreign Affairs shall take the lead and coordinate with the Ministry of Public Security, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs to be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Heads of Vietnamese agencies abroad shall be responsible for implementing this Decree./.