Decision No. 193/QD-BNV on the issuance of regulations on early promotion of salary grades for civil servants, public officials, and employees under the Ministry of Home Affairs.

Pursuant to …;

Regarding the issuance of regulations on early promotion of salary grades for

civil servants, public officials, and employees under the Ministry of Home Affairs

___________________

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for civil servants, public officials, and armed forces;

Pursuant to Circular No. 03/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of regular salary grade promotions and early salary grade promotions for civil servants, public officials, and employees, and Circular No. 83/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding amendments and supplements to the salary grade system and other allowances for civil servants, public officials, and employees;

These regulations are hereby promulgated along with this Decision "Regulations on the Transfer, Rotation, and Temporary Assignment of Officials and Civil Servants of the Government Inspectorate."

Pursuant to …;

Article 1. This Decision hereby promulgates the "Regulations on Early Promotion of Salary Grades for Civil Servants, Public Officials, and Employees under the Ministry of Home Affairs."

Article 2. This Decision takes effect from the date of signature.

Article 3. The Director of the Ministry's Office, the Department Heads of the Cadre Organization Department, and the Heads of units and organizations under the Ministry shall be responsible for implementing this Decision.

REGULATIONS

On early promotion of salary grades for civil servants,

public officials, and employees under the Ministry of Home Affairs

(Issued together with Decision No.: 193/QĐ-BNV dated January 26

2006 of the Minister of Home Affairs)

___________

To encourage civil servants, public officials, and employees to excel in their assigned tasks; in accordance with Circular No. 03/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of regular salary grade promotions and early salary grade promotions for civil servants, public officials, and employees, and Circular No. 83/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs guiding amendments and supplements to the salary grade system and other allowances for civil servants, public officials, and employees, the Minister of Home Affairs hereby promulgates the Regulations on Early Promotion of Salary Grades for civil servants, public officials, and employees under the Ministry as follows:

Chapter 1.

OBJECTS AND APPLICATION CONDITIONS

Article 1. Eligible Subjects

1. Civil servants, public officials, and employees within the authorized establishment quota and classified according to the professional salary scale, administrative, and service positions in administrative and public service organizations under the Ministry.

2. Persons working under labor contracts in administrative and public service organizations under the Ministry who have been agreed upon in the labor contract to be classified according to the civil servant or public official rank and grade.

1. They must be granted a Certificate of Science and Technology Enterprise by the competent state management agency.

Civil servants, public officials, and employees working under labor contracts as specified in Article 1 (hereinafter referred to collectively as civil servants, public officials, and employees) may be promoted to a higher salary grade before the scheduled time if they meet all of the following conditions:

1. During the period holding the current salary grade, there are no errors or shortcomings subject to disciplinary measures prescribed in the amended 2003 Law on Civil Servants, and they are recognized for one of the following individual commendations:

a. Awarded the title of Model Worker at the grassroots level or higher;

b. Awarded a certificate of merit by the Minister for outstanding achievements in performing their duties;

c. Awarded a national honor or certificate of merit by the Government;

d. Awarded the Ho Chi Minh Prize or State Prize;

e. Awarded a Medal for outstanding achievements in performing their duties;

g. In special cases agreed upon by the Ministry's Early Promotion Salary Grade Council and the Head of the unit when deemed necessary.

2. The current salary grade has not reached the highest grade in the rank or position and still lacks from one month to twelve months to qualify for regular promotion (including both two-year and three-year periods), then they may be considered for an early promotion of up to twelve months ahead of schedule.

Chapter 2.

STANDARDS, LEVELS, AND PRINCIPLES OF EARLY PROMOTION OF SALARY GRADES

Article 3. Criteria for considering early salary grade promotion

1. The criteria for civil servants, public officials, and employees eligible for early salary grade promotion due to outstanding achievements in their duties within one year shall not exceed 5% of the total number of civil servants, public officials, and employees on the payroll of the agency or unit.

For the specific criteria for early salary promotion due to outstanding achievements from October 1, 2004 to the end of 2005, the ratio is 6.25%, and it is implemented according to the guidelines at Point 3, Section I, Circular No. 83/2005/TT dated August 10, 2005, issued by the Ministry of Home Affairs.

2. Units with fewer than 20 payroll positions will have their criteria for early salary grade promotion due to outstanding achievements determined annually by the Ministry based on actual circumstances, ensuring that the total number of people promoted early due to outstanding achievements in subordinate units does not exceed 5% of the total payroll positions of units under the Ministry.

Article 4. Level of achievement corresponding to the time for early salary grade promotion

1. In cases where early salary grade promotion is considered 12 months ahead of the prescribed time, during the period holding the salary grade, one of the following honors must be awarded (considered in priority from the highest level of achievement downwards):

a. Hoa Sen Gold Medal;

b. Ho Chi Minh Medal;

c. Independence Medals of various classes;

d. Hero of Labor title;

e. People's Teacher title; Excellent Teacher title;

g. Labor Medals of various classes;

h. Ho Chi Minh Prize; State Prize;

i. National Model Worker title;

k. Commendation by the Prime Minister;

l. Two consecutive years achieving the Model Worker title at the Ministry level or sector level.

2. In cases where early salary grade promotion is considered nine months ahead of the prescribed time

During the period holding the salary grade, there is one year achieving the Model Worker title at the Ministry level; two consecutive years achieving the Model Worker title at the grassroots level; two consecutive years immediately before the year of early salary grade promotion achieving the Advanced Worker (Excellent Worker) title, awarded a Certificate of Merit by the Minister of Home Affairs (or a decision recognizing such achievement).

3. In cases where early salary grade promotion is considered six months ahead of the prescribed time

During the period holding the salary grade, there is one year achieving the Model Worker title at the grassroots level; one year immediately before the year of early salary grade promotion achieving the Advanced Worker (Excellent Worker) title, awarded a Certificate of Merit by the Minister of Home Affairs (or a decision recognizing such achievement).

Based on the general standards above, during the implementation process, the heads of units and organizations directly managing civil servants, public officials, and employees under the Ministry (National Academy of Public Administration, National Archives and Records Management Agency, Central Archive and Records Management College I) may concretize them appropriately according to the commendation and reward situation of their own units and organizations.

Article 5. Principles for Early Salary Grade Promotion

1. Considering and deciding on early salary grade promotion must ensure fairness, democracy, transparency, without leading to division, and encourage the competition movement to complete and exceed political tasks of the unit.

2. Early salary grade promotion shall not be implemented more than once during the period holding one salary grade.

3. Early salary grade promotion is considered from the highest outstanding achievement to lower ones. Achievements already counted for early salary grade promotion this time shall not be accumulated for subsequent early salary grade promotions.

4. Ensure that the number of people receiving early salary grade promotion does not exceed 5% of the unit's payroll positions.

5. The effective date of the new salary grade due to early promotion, the method of back payment, and the time for the next promotion, shall be implemented according to Point (1.2), Section III, Circular No. 03/2005/TT-BNV dated January 5, 2005, issued by the Ministry of Home Affairs.

Article 6. Priority in considering for early salary grade promotion

1. Those who have achieved performance levels eligible for early salary grade promotion after twelve months shall be considered before those eligible for promotion after nine months and six months.

2. The consideration for early salary grade promotion shall be conducted sequentially from officials, civil servants, and public employees with the highest achievements to those with lower achievements. In cases where the number of individuals meeting the criteria for early promotion due to outstanding achievements exceeds the permitted ratio during a single review period, priority shall be given to those with higher achievements.

Where more than two individuals meet the same criteria but there are not enough positions available for all to be promoted early, priority shall be given to:

a. Officials, civil servants, and public employees who are older, if they are not promoted this time, they will no longer have the opportunity to be promoted early (except in cases where officials will be promoted early upon receiving a retirement notice at a more favorable level);

b. Officials, civil servants, and public employees who, in addition to the achievements serving as the basis for early salary grade promotion, also have other achievements;

c. Officials, civil servants, and public employees who have achieved outstanding results during the previous early promotion period but did not meet the quota for promotion and again achieve outstanding results during the current review period;

d. Officials, civil servants, and public employees who have scientific research projects, innovative initiatives applied in their work that yield clear benefits (confirmed by the Ministry's Science Council);

e. Officials, civil servants, and public employees with more years of service who have never been promoted early;

g. Officials, civil servants, and public employees sent for training by the agency, who have obtained doctoral or master's degrees in their field of work but have not yet received salary adjustment benefits;

h. Female officials, civil servants, and public employees.

Article 7. Early Salary Grade Promotion System for Officials, Civil Servants, and Public Employees Who Have Received Retirement Notices

1. Officials, civil servants, and public employees who have not reached the final salary grade in their rank or position and have received a retirement notice, if they complete assigned tasks during the holding period without disciplinary action (one of the forms of reprimand, warning, demotion, or dismissal) and at the time of receiving the retirement notice still lack from one month to twelve months to qualify for regular promotion, shall be promoted one salary grade early (not counted towards the 5% ratio).

2. In cases where officials, civil servants, and public employees achieve outstanding results in performing tasks and have received a retirement notice, they shall be granted the most advantageous early salary grade promotion system.

Chapter 3.

IMPLEMENTATION

Article 8. Procedure for Considering Early Salary Grade Promotion

1. Organizations and units under the Ministry shall disseminate and implement this Decision to officials, civil servants, and public employees within their units.

Heads of units and organizations under the Ministry shall base on this regulation and the allocated quota to discuss and reach consensus with the same-level Party Committee and Trade Union organization on annual selection for officials and civil servants meeting the conditions to propose to the Ministry's Council for Early Salary Grade Promotion for early salary grade promotion consideration.

The list of proposals for early salary grade promotion from the unit shall be submitted to the Cadre Organization Department for consolidation and submission to the Ministry's Council for Early Salary Grade Promotion for consideration in December each year.

2. Heads of units shall submit a written request for early salary grade promotion consideration for officials, civil servants, and public employees under the Ministry who meet the criteria (accompanied by a certificate of achievement and commendation) to the Ministry's Council for Early Salary Grade Promotion.

3. The Ministry's Council for Early Salary Grade Promotion shall base on 5% of the total number of officials, civil servants, and public employees in the payroll of the Ministry's agencies, units, and organizations, convene meetings at the beginning of the first quarter annually to consider and allocate quotas for units under the Ministry to propose to the Minister for decision on early salary grade promotion for officials, civil servants, and public employees with outstanding achievements.

4. The Cadre Organization Department, based on the consolidated proposal list from the Ministry's Council for Early Salary Grade Promotion, shall draft a Decision on early salary grade promotion for officials, civil servants, and public employees for the Minister's consideration and decision.

Article 9. Implementation Provisions

During implementation, the Cadre Organization Department shall compile feedback and recommendations from officials, civil servants, and public employees under the Ministry for the Minister's consideration and resolution.