JOINT CIRCULAR

Guidelines for implementing Decision No. 202/2005/QĐ-TTg

dated August 9, 2005 of the Prime Minister

 on the allowance system based on profession for Inspectors

______________

           Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;

Pursuant to Decision No. 202/2005/QĐ-TTg dated August 9, 2005 of the Prime Minister on the allowance system based on profession for Inspectors, the Government Inspector General, the Ministry of Home Affairs, and the Ministry of Finance provide guidelines for implementing the allowance system based on profession Inspection as follows:

           I. OBJECTS AND AMOUNTS OF ALLOWANCES

            1. Objects and scope of application:

The Chief Inspector, Deputy Chief Inspectors, Senior Inspectors, Principal Inspectors, and Inspectors belonging to state inspection agencies, including inspection agencies established according to administrative levels and inspection agencies established according to sectors or fields.

2. Amounts of allowances:

a) The Chief Inspector, Deputy Chief Inspectors, and Senior Inspectors shall receive allowances based on their profession as Inspectors equal to 15% of their current basic salary plus leadership position allowances and seniority allowances exceeding the standard range (if applicable);

b) Principal Inspectors shall receive allowances based on their profession as Inspectors equal to 20% of their current basic salary plus leadership position allowances and seniority allowances exceeding the standard range (if applicable);

c) Inspectors shall receive allowances based on their profession as Inspectors equal to 25% of their current basic salary plus leadership position allowances and seniority allowances exceeding the standard range (if applicable).

           II. PRINCIPLES FOR APPLYING PROFESSIONAL RESPONSIBILITY ALLOWANCES

            1. The objects entitled to receive professional responsibility allowances as stipulated in Clause 1, Section I of this Circular are those individuals appointed to positions or ranks by competent authorities in accordance with the law.

            2. Individuals appointed to a specific rank or position shall receive professional responsibility allowances corresponding to that rank or position.

            3. In cases where an individual is appointed to a higher Inspector rank (promotion in rank) and the total amount of salary plus professional responsibility allowances at the new rank is lower than the total amount of salary plus professional responsibility allowances at the previous rank, the difference between the total amount of salary plus professional responsibility allowances at the previous rank and the total amount of salary plus professional responsibility allowances at the new rank shall be retained until the individual receives the next pay grade increase at the newly appointed rank.

          Example: Mr. Nguyen Van A, Head of Economic Inspection Department under the Inspection Service of Province T, currently holds a salary coefficient of 4.32, grade 7, Inspector rank (code 04.025) and receives a leadership position allowance coefficient of 0.60; the time for the next pay grade increase is calculated from January 1, 2004. The total amount of salary plus professional responsibility allowances for Mr. A at the Inspector rank received for one month (from October 1, 2005) is [(4.32+0.60) + (4.32+0.60) x 25%] x 350,000 VND/month = 2,152,500 VND.

          On March 1, 2006, Mr. A was appointed to the Principal Inspector rank, holding a salary coefficient of 4.40, grade 1, Principal Inspector rank (code 04.024) and receiving a leadership position allowance coefficient of 0.60. Due to the difference between the salary coefficient at the newly appointed rank and the salary coefficient at the previous rank being 0.08 (4.40-4.32), which is less than the difference between two consecutive pay grades (0.33) at the previous rank, the time for the next pay grade increase at the Principal Inspector rank is calculated from January 1, 2004. The total amount of salary plus professional responsibility allowances for Mr. A at the Principal Inspector rank received for one month (from March 1, 2006) is [(4.40+0.60) + (4.40+0.60) x 20%] x 350,000 VND/month = 2,100,000 VND.

          Since the total amount of salary plus professional responsibility allowances at the newly appointed rank (Principal Inspector) is lower than the total amount of salary plus professional responsibility allowances at the previous rank (Inspector), Mr. A retains the difference of 52,500 VND/month (2,152,500 VND - 2,100,000 VND) until he receives the next pay grade increase at the newly appointed rank (grade 2, coefficient 4.74, Principal Inspector rank).

            4. The objects mentioned in Clause 1, Section I of this Circular shall not receive professional responsibility allowances for Inspectors in the following cases:

           a) Resignation, retirement, termination of employment, leave of absence, or transfer to another agency not under the Inspection Service;

           b) Time spent working abroad receiving 40% of salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and military personnel;

           c) Time spent studying full-time in Vietnam for three months or more consecutively;

           d) Time off without pay for one month or more consecutively;

           đ) Time off due to illness or maternity leave exceeding the prescribed period under the current Social Insurance Regulations of the State;

           State Audit officials, civil servants, and staff currently working at the State Audit Office shall be provided uniforms as follows:

III. SOURCES OF FUNDS AND PAYMENT OF ALLOWANCES

          1. The source of funds for implementing the allowance system based on profession for Inspectors shall be carried out in accordance with the Circulars guiding the Ministry of Finance.

            2. Payment of professional responsibility allowances for Inspectors:

           a) Professional responsibility allowances for Inspectors shall be paid concurrently with monthly salaries and shall not be used to calculate contributions or benefits under the social insurance scheme;

          b) The entity responsible for paying salaries to the individuals entitled to receive professional responsibility allowances for Inspectors shall make such payments.

             IV. EFFECTIVE DATE OF IMPLEMENTATION

This Circular takes effect fifteen days after its publication in the Official Gazette.

The allowance for responsibility according to the profession of Inspector shall be calculated from September 5, 2005 (the date on which Decision No. 202/2005/QĐ-TTg dated August 9, 2005 of the Government Chairman regarding the allowance for responsibility according to the profession for Inspectors comes into force).

            In the course of implementation, if there are any difficulties, the ministries, sectors, and localities shall report to the Government Inspectorate, the Ministry of Home Affairs, and the Ministry of Finance for study and resolution.

Place of Receipt:

- President's Office;

- National Assembly's Office;

- Government Office;

- Central Party Office,

  Party bodies at the central level;

- Supreme People's Court;

- Supreme People's Procuracy;

- Ministries, agencies equivalent to ministries,

  government agencies;

- Central agencies of mass organizations;

- People's Councils, People's Committees of provinces,

  centrally-administered cities;

- Publish in the Official Gazette;

- Ministry of Justice (Legal Documents Inspection Department);

- To be filed with: Government Inspectorate, Ministry of Home Affairs, Ministry of Finance.