Decree No. 188/SL establishes a new civil service system and a unified salary scale for various ranks and categories of Vietnamese civil servants.

DECREE

NUMBER: 188/SL DATE 29 MONTH 5 YEAR 1948

OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM

CHAIRMAN OF THE VIETNAMESE DEMOCRATIC REPUBLIC GOVERNMENT

Considering the current civil servant system and existing regulations on salaries and allowances for various categories of civil servants,

It is deemed necessary to establish a new system for Vietnamese civil servants that is suitable for the Democratic Republic regime and the national resistance and construction cause,

After the Government Council and the Standing Committee of the National Assembly reached an agreement,

ISSUES THE DECREE:

Article 1

Now, we amend the current civil servant system according to two objectives:

- Improving the living conditions of civil servants,

- Simplifying the civil servant system, and based on the following principles:

a) Determining a minimum standard of living,

b) Valuing achievements and talent,

c) Considering family circumstances,

d) Supporting women and ethnic minority people working as civil servants,

e) Unifying ranks and grades.

SALARY SCALE

Article 2

Civil servants in each department working in government agencies will follow a common salary scale consisting of 25 grades.

Personnel of the Ministry of Defense, the General Command of the National Army and People's Militia will have their own rules in accordance with the spirit of this decree.

In the salary scale established in Table 1 under this decree, there are:

A) A basic salary, serving as the basis for calculating retirement contributions at 10% towards the Retirement Fund.

B) A temporary additional salary, determined based on years of service and may be changed by decree. This additional salary is currently 40% of the basic salary.

If the basic salary and allowances are less than 220 dong per month, they will still receive 220 dong.

ORGANIZATION OF CIVIL SERVANT RANKS

Article 3

Those recruited will be assigned to one of the five categories below, depending on their educational qualifications or competence when first appointed:

Category A: Assistant Rank: salary has 10 levels, from level 1 to level 10.

Qualification: primary school or equivalent ability.

Those who have completed primary school or a practical vocational class, or have equivalent ability, will start at level 5.

Category B: Clerk Rank: salary has 12 levels, from level 5 to level 16.

Qualification: high school or equivalent ability.

Those holding a high school diploma or having graduated from a technical school (duration of study: 5 or 4 years), or having equivalent ability, will start at level 7.

Level 5 will be the starting point for those who have studied 2 years of high school or technical school, or have equivalent ability.

Category C: Officer Rank: salary has 10 levels, from level 10 to level 19.

Qualification: advanced high school, or equivalent ability.

Those holding an advanced high school diploma or equivalent degree or ability will start at level 10.

Category D: Deputy Officer Rank: salary has 10 levels, from level 13 to level 22.

Qualification: bachelor's degree or equivalent ability.

Those holding a bachelor's degree in law or equivalent ability will start at level 13.

Category E: Supervisor Rank: salary has 10 levels, from level 16 to level 25.

Qualification: doctorate, medical doctor, or equivalent ability.

Those holding a doctorate in law, medical doctor, or equivalent degree or ability, will start from level 16.

Those holding a master's degree in medicine, law, or a senior engineer from a university and a graduate school will start at level 19.

The titles of these ranks will be common across all sectors, but special positions in certain sectors may have specific titles, with salaries following the general system.

The conditions for recruitment into ranks and grades will be clearly defined in the Vietnamese Civil Servant Regulations and in the specific organizational rules for each rank.

ALLOWANCES

Article 4

Civil servants in the above ranks will enjoy the following allowances:

1- Family allowance for one officially married wife and officially recognized children under 16 years old. From 16 to 18 years old, must have a certificate or be attending school or training in a factory or enterprise, or be disabled to receive the allowance. Children receiving a salary or subsistence allowance from the government will not receive the allowance.

The second child receives more allowance than the first, the third more than the second, and the fourth more than the third. The fifth and subsequent children receive the same as the fourth.

2- Rice price increase allowance: The Ministry of Interior and the Ministry of Finance will issue a decree to determine the rice price increase allowance for civil servants.

3- Allowance for areas with poor climate: Issued according to a decree determining the areas by the Joint Ministry of Interior and Health, with the agreement of the Ministry of Finance.

4- Frontline area allowance: Issued according to a joint circular of the Ministry of Interior and Finance after consulting the Ministry of Defense and the General Command.

When a civil servant works in an area classified as both a frontline area and a poor climate area, they will receive the full amount of the larger allowance and half of the smaller allowance, or three-quarters of the total if the two allowances are equal.

The allowances mentioned above are set out in Table 2 attached to this decree.

Article 5

If the salary and the above allowances of a civil servant are less than 220 dong per month, the civil servant will receive 220 dong.

RECOGNITION OF ACHIEVEMENT AND TALENT

Article 6

Civil servants holding managerial positions or responsible for finances will receive a position or responsibility allowance.

Civil servants in specialized fields with high-level degrees and practical utility, or equivalent ability, will receive a specialization allowance.

A joint decree of the Ministry of Interior and Finance, after consultation with relevant ministries, will specify these two allowances.

Civil servants may advance to higher ranks through professional examinations.

FOR ETHNIC MINORITY CIVIL SERVANTS

, Clause 1, Clause 2 Article 7a of this Regulation.

There will be preferential regulations regarding the recruitment of ethnic minority civil servants.

FOR WOMEN CIVIL SERVANTS

Article 8

During pregnancy, female civil servants will receive a two-month leave with full salary and allowances.

Female civil servants whose husbands are not civil servants will receive allowances for children as male civil servants do, and also for their husbands if the husband is disabled and unable to work.

FOR THOSE WHO HAVE CONTRIBUTED TO THE NATIONAL CAUSE

NATIONAL LIBERATION

Article 9

Civil servants who left their jobs before the Declaration of Independence (September 2, 1945) to participate in the national liberation cause and have returned to work, will be considered to have remained in their original civil servant ranks during the period of absence and will be placed in a new grade based on the average tenure of civil servants in the same category.

Persons who have contributed to the national liberation cause, currently working on a daily basis or under contracts, may be transferred to permanent positions: if they have worked for less than two years, they will start at the initial salary grade of each position; if they have worked for more than two years, they will be directly assigned to the next higher grade.

REGARDING CIVIL SERVANTS JOINING THE MILITARY

Article 10

Civil servants joining the National Defense Army, with permission from their respective departments, shall continue to receive their salaries and allowances as if they were still in office, and upon enlistment, they will also receive a bonus equivalent to one month's salary (including allowances). If this bonus has not been received, it can be claimed retroactively.

These civil servants will still be eligible for promotion and bonuses as other serving civil servants.

After discharge, depending on their military achievements, they may be granted special promotions ranging from one to three grades.

REGARDING DISCHARGED MILITARY PERSONNEL

Article 11

Discharged military personnel wishing to enter civil service positions may be recruited according to their abilities regardless of qualifications, but must pass an examination, though they will receive additional points.

Military personnel with military achievements who wish to become civil servants will undergo a separate examination.

REGARDING FORMER CIVIL SERVANTS RETURNING TO WORK

OR BEING RECRUITED

Article 12

Former civil servants who have resigned and now wish to return to work may be reinstated in their previous positions and grades, but must provide a health certificate issued by a government physician.

Retired officials called back by the government, if they take on duties similar to those they previously held, will receive the same salary and allowances as current civil servants of the same grade, but their pension will be deducted; if they take on different duties, their salary will be determined based on the new duties, but their pension will also be deducted.

REGARDING TEMPORARY CIVIL SERVANTS

Article 13

Temporary civil servants will follow the salary scale of permanent civil servants, but will be placed one grade below permanent civil servants, and their allowances will be as stipulated in Article 4.

Temporary civil servants whose basic salary and allowances are less than 220 dong per month will receive 220 dong.

REGARDING CURRENT PERMANENT CIVIL SERVANTS

Article 14

Permanent civil servants will be transferred to new positions according to the table of corresponding grades.

Departments and ministries will jointly examine the above arrangements according to the comparison tables set out in Table 3 attached to this decree. These comparison tables will establish specific rules for each position.

IMPLEMENTATION

Article 15

The provisions regarding salaries and allowances set forth in this decree shall come into effect from May 1, 1948.

Any regulations inconsistent with this decree are hereby abolished.

Article 16

Ministers responsible for implementing this decree are hereby instructed to do so.