Decree No. 19/2008/ND-CP on the system of responsibility allowances in anti-corruption activities

DECREE

REGULATIONS ON THE SYSTEM OF DUTY ALLOWANCE IN THE ACTIVITY OF PREVENTING AND COMBATING CORRUPTION

THE GOVERNMENT

On the basis of Law on Government Organization dated December 25, 2001;

Pursuant toLaw on Preventing and Combating Corruption No. 55/2005/QH11 dated November 29, 2005 and Law Amending and Supplementing Certain Articles of the Law on Preventing and Combating Corruption No. 01/2007/QH12 dated August 4, 2007;

The Government issues this Decree detailing the implementation of Resolution No.Decision No. 1039/2006/NQ-UBTVQH11 dated August 28, 2006 of the Standing Committee of the National Assembly on the organization, tasks, powers, and operational regulations of the Central Steering Board for Preventing and Combating Corruption;

The Government issues this Decree detailing the implementation of Resolution No.Decision No. 294A/2007/UBTVQH12 dated September 27, 2007 of the Standing Committee of the National Assembly on the organization, tasks, powers, and operational regulations of the Provincial Steering Board for Preventing and Combating Corruption;

Considering the proposal of the Minister of Home Affairs,

DECREE:

Article 1. Scope of Regulation and Applicability

This Decree stipulates the system of duty allowance in the activity of preventing and combating corruption applicable to the following subjects:

1. Members of the Central and provincial Steering Boards for Preventing and Combating Corruption (hereinafter referred to as members of the Steering Board).

2. Civil servants and public officials under the establishment of the specialized office of the Central Steering Board for Preventing and Combating Corruption and the assisting unit of the provincial Steering Board for Preventing and Combating Corruption (hereinafter collectively referred to as the Central Steering Board Office and the provincial assisting unit).

Article 2. Levels of Duty Allowance in the Activity of Preventing and Combating Corruption

1. The subjects specified in Article 1 of this Decree who are under the establishment of the Central Steering Board Office or the provincial assisting unit shall be entitled to duty allowance in the activity of preventing and combating corruption according to the percentage (%) of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if any), as follows:

a) A rate of 20% shall apply to officials with equivalent positions to that of a Minister or higher; senior experts; civil servants and public officials with equivalent positions to that of a Senior Specialist.

b) A rate of 25% shall apply to civil servants and public officials with equivalent positions to that of a Principal Specialist.

c) A rate of 30% shall apply to civil servants and public officials with equivalent positions to that of a Specialist or lower.

2. Members of the Central Steering Board not under the establishment of the Central Steering Board Office and members of the provincial Steering Board not under the establishment of the provincial assisting unit shall be entitled to duty allowance in the activity of preventing and combating corruption according to the coefficient compared to the minimum wage as follows:

a) A rate of 1.0 shall apply to members of the Central Steering Board not under the establishment of the Central Steering Board Office.

b) A rate of 0.8 shall apply to members of the provincial Steering Board not under the establishment of the provincial assisting unit.

3. The duty allowance in the activity of preventing and combating corruption prescribed in Clause 1 and Clause 2 of this Article shall be paid together with monthly salary; it shall not be used to calculate or enjoy social insurance and health insurance benefits.

Members of the Steering Board who cease to perform the duties of members of the Steering Board and civil servants and public officials of the Steering Board who transfer to work outside the establishment of the Central Steering Board Office and the provincial assisting unit shall cease to enjoy the allowance from the month immediately following the month in which the competent authority issues the decision.

4. In cases where individuals are temporarily assigned or called upon to participate in implementing anti-corruption tasks according to the decision of the Head of the Central Steering Board or the decision of the Head of the provincial Steering Board, they shall be entitled to remuneration as prescribed by the Head of the Steering Board in accordance with the guidelines of the Ministry of Home Affairs.

Article 3. Source of Funds

The source of funds for paying the duty allowance in the activity of preventing and combating corruption shall be allocated in the annual state budget estimate of the Central Steering Board Office for Preventing and Combating Corruption and the People's Committee Office of the province or centrally administered city in accordance with the provisions of the State Budget Law.

Article 4. Effectiveness

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

2. The duty allowance in the activity of preventing and combating corruption prescribed in this Decree shall be calculated as follows:

a) For members of the Central Steering Board, it shall be calculated from the date the Decision No. 1039/2006/NQ-UBTVQH11 dated August 28, 2006 of the Standing Committee of the National Assembly on the organization, tasks, powers, and operational regulations of the Central Steering Board for Preventing and Combating Corruption comes into effect.

b) For civil servants and public officials under the establishment of the Central Steering Board Office, it shall be calculated from the date the Decision No. 13/2007/QĐ-TTg dated January 24, 2007 of the Prime Minister on the establishment, functions, powers, organization, and operational regulations of the Central Steering Board Office for Preventing and Combating Corruption comes into effect.

c) For members of the provincial Steering Board and civil servants and public officials under the establishment of the provincial assisting unit, it shall be calculated from the date the Decision No. 294A/2007/NQ-UBTVQH12 dated September 27, 2007 of the Standing Committee of the National Assembly on the organization, tasks, powers, and operational regulations of the Provincial Steering Board for Preventing and Combating Corruption comes into effect.

d) In cases prescribed in Point a, b, and c of Clause 2 of this Article, if the competent authority issues a decision after the corresponding documents come into effect, the duty allowance in the activity of preventing and combating corruption shall be calculated from the date of the decision of the competent authority.

Article 5. Responsibility for Guidance

1. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Finance to be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees, and the Central Steering Board Office for Preventing and Combating Corruption shall be responsible for implementing this Decree./.