CIRCULAR

Guidelines for Implementing Uniform Preferential Treatment forExperts Sent to Work in African Countries

(Replaces Circular No. 19/TC - NT dated August 26, 1981)

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To implement Directive No. 364-TTG dated November 14, 1979 on sending experts to work in some African countries, and based on the principles set forth in Decision No. 28-HĐBT dated August 11, 1981 of the Council of Ministers regarding preferential treatment for our experts sent to work in African countries, the Ministry of Finance issued Circular No. 19 TC/NT dated August 26, 1981 on preferential treatment for experts and Circular No. 13 TC/NT dated May 18, 1982 guiding the implementation of preferential treatment for medical experts in Algeria.

After more than two years of implementing the above-mentioned documents, and based on the provisions of Circular No. 19 TC/NT, the relevant ministries and sectors with experts have provided comments. The Office of the Council of Ministers has submitted to the Chairman of the Council of Ministers for approval certain points that need supplementation and amendment to perfect the provisions of Circular No. 19 TC/NT, and has instructed the Ministry of Finance to issue it (Circular No. 884-V7 dated March 1, 1984 of the Office of the Council of Ministers). The Ministry of Finance has therefore issued guidelines for uniform preferential treatment for experts working in Africa as follows:

I. OBJECTIVES AND REQUIREMENTS

The relationship of cooperation between our country and many national liberation countries in Africa is developing positively. Sending our experts to work in Africa not only fulfills the international mission of the Party and the State but also contributes additional foreign exchange to the cause of building socialism.

Given this situation and considering the nature of the work of experts in Africa, which differs from that of officials working at our embassies, the state's preferential treatment for experts aims to encourage them to fulfill their tasks successfully.

Specifically, the state budget covers the portion of salary left for the family in the home country, provides for the purchase of uniforms and other expenses to prepare the expert for departure, and ensures sufficient income abroad to meet essential needs for work, living, consumption, transactions, study, and entertainment, while maintaining parity among experts from different sectors working in the same country and among experts working in different African countries. Each month, the expert must remit a certain percentage of the income received from the host country (the specific rate is stipulated in Section III) to the state. This payment aims to cover the costs borne by the state budget for the expert in the home country (the portion of salary left for the family, the cost of uniforms, preparation expenses, and social insurance costs) and to contribute to the construction and defense of the homeland. In special cases where the host country has significant difficulties and pays low salaries, the contribution rate can be reduced, waived, or supplemented to ensure the expert's living and working conditions.

Experts sent to work in Africa should recognize the state's concern and encouragement to enhance their sense of responsibility, overcome all difficulties, and complete their tasks excellently.

II. SPECIFIC PREFERENTIAL TREATMENT REGIME

1/ The expert's salary is based on the local currency. Each month, the expert receives 50-65% of the salary paid by the host country, using the local currency portion to cover all living and working expenses; the remaining portion is deposited into the state's centralized foreign currency fund. Each month, the expert can convert 70 to 100 US dollars from the foreign currency portion deposited to the state. In countries where the host country pays a monthly salary of 300 US dollars or more, and includes a portion in US dollars, if the dollar portion is 100 US dollars or more, the expert can convert from the local currency to 100 US dollars; in cases where the salary level is lower and in countries where the host country has significant difficulties and pays less than 300 US dollars per month, or pays over 300 US dollars per month but the dollar portion is less than 100 US dollars, the expert can convert a certain amount of US dollars equivalent to the staff at the embassy with the same rank, but not exceeding 70 US dollars per month.

The amount of salary the expert receives and the contribution to the state budget are calculated according to the detailed table in Section III.

2/ The portion of salary retained in the home country for the family is based on the long-term service salary system, at 60% of the basic salary.

3/ Uniforms are provided according to Circular No. 349 TC/NT dated August 7, 1982 of the Ministry of Finance, supplemented by: 1 overcoat; 1 blanket. For university education experts and team leaders, an additional file case is provided.

4/ Travel expenses when going on duty and upon completion of the term (airfare, overweight baggage fees, travel expenses) are covered by the host country. If the host country fails to transfer travel expenses promptly, the state budget will temporarily provide the expert with necessary foreign currency, which must be repaid to the public treasury after arrival in the host country.

5/ Vacation benefits for experts are implemented based on agreements and contracts signed with the host country, covered by the host country.

If the expert takes annual leave (abroad or returning home) and the host country pays the leave period in fully convertible foreign currency at 100%, the expert will enjoy the first month according to the provisions of points a, b, c, and d in Section III of this circular; subsequent months will be paid the regular salary in local currency according to the specified ratio, plus an additional 100 US dollars.

6/ Other allowances outside the salary

In some countries, in addition to the basic salary, the host country also pays additional allowances for hazardous work, climate, and separation from family:

- For hazardous work and climate allowances, the expert receives the full subsidy.

- For separation from family allowance, a portion must be remitted to the state budget according to the adjustment ratio stipulated in Section III of this circular (not included in the basic salary).

7/ Experts who send money back to their families in fully convertible foreign currency enjoy incentive rates and other benefits for purchasing goods (if applicable) according to the current state regulations.

III. OBLIGATIONS TO THE STATE

III. OBLIGATIONS TOWARDS THE STATE

1. Monthly, the expert shall remit to the State budget thirty-five to fifty percent of the salary paid by You to offset the costs borne by the State budget for the expert and contribute to the cause of national construction and defense.

2. For experts performing duties in African countries with low economic conditions, high living expenses, and therefore receiving a lower salary without a dollar component, depending on the specific difficult living conditions of the expert, the Embassy shall report back and the competent ministry shall consider recommendations; the Ministry of Finance will stipulate a contribution rate lower than thirty-five to fifty percent of the salary paid by You, or exempt from contribution, or provide additional allowances for the expert.

The amount remitted to the State budget is determined at different percentage rates, wherein the minimum benefit level for experts at higher levels shall not be less than the maximum level at lower levels:

a) For salaries paid above 1200 USD, remit fifty percent to the State budget, with the minimum benefit level not below 660 USD.

b) For salaries paid between 900 USD and 1200 USD, remit forty-five percent to the State budget, with the minimum level not below 540 USD.

c) For salaries paid between 500 USD and 900 USD, remit forty percent to the State budget, with the minimum level not below 325 USD.

d) For salaries paid between 300 USD and 500 USD, remit thirty-five percent to the State budget, with the minimum level not below 300 USD.

đ) For salaries paid at 300 USD, there is no remittance to the State budget.

3. Embassies abroad with experts on duty shall organize the collection of the difference in contributions from experts based on the prescribed system, record it in the fund temporarily deposited for the State budget. At the end of each quarter, the Embassy shall report statistics to the Ministry of Finance and the State Bank regarding the total income from foreign currency conversion and local currency, process the transfer of the foreign currency difference to the State budget through the account of the Vietnam Foreign Trade Bank, and report the transferred foreign currency. The difference in local currency income that cannot be converted shall be kept for use locally upon orders from the Ministry of Finance and withdrawal orders from the Vietnam Foreign Trade Bank.

Records managing the income from experts need to be meticulously recorded in detail by the expert management department, with necessary supporting documents to ensure consistency with the transferred funds to our bank and the reported figures. The Ministry of Finance will directly inspect or authorize the Ministry of Foreign Affairs to periodically inspect the management of this income.

This system shall be uniformly implemented for our experts in Africa (including experts in health, education, universities, etc., working in Algeria) starting from January 1, 1984.

Previous regulations on benefits for experts in Africa and Algeria that contradict the provisions of this system are hereby abolished.

Ministries, sectors, and embassies abroad with experts working in Africa shall widely disseminate this Circular so that dispatched experts fully understand the system, rights, and obligations.

During implementation, if any issues arise, embassies abroad, ministries, and sectors with experts working in Africa shall promptly reflect them to the Ministry of Finance for study and resolution.