Circular No. 160/2011/TT-BQP guiding the implementation of the allowance for public service duties for subjects receiving salaries or rank allowances from the state budget who are currently serving in the military.

CIRCULAR

Guidelines for implementing the allowance system for civil service duties for individuals receiving salaries or rank allowances from the state budget who are currently serving in the military

allowance for rank from the State budget for those currently serving on active duty in the military

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Pursuant to the Law on Legislative Documents of 2008;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Pursuant to Decree No. 57/2011/NĐ-CP dated July 7, 2011 of the Government on the allowance system;

Pursuant to Circular No. 28/2011/TT-BQP dated March 18, 2011 of the Minister of National Defense on the Regulation on Drafting, Issuing, Reviewing, and Systematizing Normative Legal Documents of the Ministry of National Defense;

Considering the proposal of the Director of the Finance Department under the Ministry of National Defense,

The Minister of National Defense hereby provides guidance as follows:

Article 1. Scope of Regulation

This Circular guides the implementation of the allowance system for civil service duties for individuals receiving salaries or rank allowances from the state budget who are currently serving in the Vietnam People's Army.

Article 2. Applicability

Officers, professional soldiers, non-commissioned officers, enlisted personnel, civilian employees, defense workers, and laborers working under employment contracts with decisions from the General Staff of the Vietnam People's Army.

Article 3. Allowance Rate

From May 1, 2011, the subjects specified in Article 2 of this Circular shall be entitled to a monthly civil service allowance equal to 10% of their current salary level plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable) or rank allowance.

Article 4. Calculation Method and Application Principles

1. Calculation Method

a) For those receiving salaries: The monthly civil service allowance is calculated based on the current salary grade, rank, plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable), using the following formula:

Example 1: In May 2011, Comrade Lieutenant Nguyen Van A, serving as a Company Commander at a Special Forces Reconnaissance Unit.

Comrade A's civil service allowance is as follows:

Comrade A's civil service allowance for May 2011 is: 47,100 VND.

{830,000 VND x (5.40 + 0.30) x 10% = 473,100 VND/month}.

b) For non-commissioned officers and enlisted personnel: The monthly civil service allowance is calculated based on the current rank allowance plus leadership position allowance (if applicable).

Example 2: In May 2011, Comrade Corporal Tran Van B, serving as a Platoon Leader at a Special Forces Reconnaissance Unit.

Comrade B's civil service allowance is as follows:

Comrade B's civil service allowance for May 2011 is: 41,500 VND.

(830,000 VND x 0.5 x 10% = 41,500 VND/month).

2. Principles of application

a) The civil service allowance is paid concurrently with the monthly salary and is not used to calculate contributions or benefits under social insurance or health insurance.

b) When ceasing to serve in the military, the civil service allowance will cease from the following month.

c) Periods during which the civil service allowance is not payable include:

- Time spent on overseas assignments, training, or work where 40% of the salary is received according to Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces;

- Continuous periods of unpaid leave of one month or more;

- Periods of leave under social insurance regulations;

- Periods of suspension of duty or detention.

d) Individuals eligible for occupational preference allowances, responsibility allowances, or special military allowances as prescribed by the Government or Prime Minister shall also be entitled to the civil service allowance stipulated in this Circular.

Example 3: As in Examples 1 and 2 above.

Comrades A and B are entitled to a special military allowance (Special Forces Reconnaissance) at 15% as prescribed in Decision No. 15/2009/QĐ-TTg dated January 21, 2009 of the Prime Minister on the special military allowance system for certain individuals in the Vietnam People's Army, in addition to the civil service allowance as stated above. as well as the position allowance as mentioned above in the Vietnam People's Army.

Article 5. Source of Funds

The funding for the civil service allowance system prescribed in this Circular is included in the annual regular budget of the unit.

Article 6. Effectiveness

1. This Circular takes effect 45 days from the date of issuance;

2. The provisions of this Circular apply from May 1, 2011.

Article 7. Responsibility for Implementation

1. The Director of the Finance Department of the Ministry of National Defense shall take the lead and coordinate with relevant agencies to direct the implementation and monitor compliance with the civil service allowance system prescribed in this Circular within the military.

2. Commanders of units are responsible for enforcing this Circular.

Any issues encountered during implementation should be reported to the Ministry (through the Finance Department of the Ministry of National Defense) for review and resolution./.