Consolidated Document No. 232/VBHN-BNG Decree stipulates certain allowances for officials and civil servants serving terms at Vietnamese agencies abroad.

DECREE

REGULATIONS ON CERTAIN REMUNERATION REGIMES FOR OFFICIALS AND CIVIL SERVANTS WORKING IN OVERSEAS VIETNAMESE AGENCIES FOR A TERM OF DUTY

Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government on certain remuneration regimes for officials and civil servants working in overseas Vietnamese agencies for a term of duty, which took effect from January 19, 2006, was amended and supplemented by:

Decree No. 48/2012/NĐ-CP dated June 4, 2012 amending and supplementing some articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government on certain remuneration regimes for officials and civil servants working in overseas Vietnamese agencies for a term of duty, which took effect from August 1, 2012.

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Servant Ordinance dated February 26, 1998 and the Ordinance Amending and Supplementing Certain Articles of the Civil Servant Ordinance dated April 29, 2003;

Pursuant to the Ordinance on Overseas Agencies of the Socialist Republic of Vietnam dated December 2, 1993;

Upon the proposal of the Minister of Foreign Affairs, the Minister of Home Affairs, and the Minister of Finance,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decree stipulates the subsistence allowance, supplementary allowances, and other benefits; the spouse's/diplomatic partner's regime, and other regimes for officials and civil servants working in overseas Vietnamese agencies for a term of duty, including overseas agencies of the Socialist Republic of Vietnam as prescribed in the Law on Overseas Agencies of the Socialist Republic of Vietnam dated June 18, 2009 and other Vietnamese agencies operating abroad funded by the state budget (hereinafter referred to collectively as overseas Vietnamese agencies).

Article 2. Remuneration Regimes for Officials and Civil Servants Working in Overseas Vietnamese Agencies for a Term of Duty

During their term of duty at overseas Vietnamese agencies, officials and civil servants shall be reimbursed for housing expenses, electricity, water, fuel, and shall receive a subsistence allowance, certain supplementary allowances, and other benefits provided by the state budget according to this Decree; they shall also receive 40% of their current salary and leadership position supplementary allowances, and supplementary allowances for exceeding the tenure limit (if applicable) as in the country; they shall continue to contribute to social insurance as when working domestically.

Article 3. Basis for Determining Remuneration Regimes for Officials and Civil Servants Working in Overseas Vietnamese Agencies for a Term of Duty

The subsistence allowance, supplementary allowances, and other benefits; the diplomatic spouse's regime are established based on material and spiritual needs to ensure normal living conditions to fulfill the tasks of officials and civil servants working in overseas agencies for a term of duty, consistent with the economic conditions of the state, the characteristics of foreign affairs work, and the specific circumstances of the working area.

Article 4. Principles for Applying the Subsistence Allowance Regime

1. The subsistence allowance regime is uniformly applied to officials and civil servants working in overseas Vietnamese agencies for a term of duty.

2. Those holding higher positions shall receive a higher subsistence allowance index.

Article 5. Source of funds for implementation

The source of funds to implement the subsistence allowance regime, supplementary allowances, benefits, the diplomatic spouse's regime, and other regimes prescribed in this Decree shall be allocated in the annual state budget estimate according to the State Budget Law and form part of the funding of overseas Vietnamese agencies.

Chapter II

SPECIFIC PROVISIONS

Article 6. Living Allowance System

1. The living allowance system for officials and civil servants serving terms at Vietnamese agencies abroad has three minimum levels: 400; 450 and 500 USD/person/month.

2. The minimum living allowance level will be reviewed and adjusted when the consumer price index in the country where the Vietnamese agency is located increases by 10% or more, or when the state's economic and financial conditions permit.

3.3 The living allowance index applicable to Vietnamese agencies abroad is determined based on the standard position titles and diplomatic ranks of officials and civil servants at Vietnamese agencies abroad and their current salary coefficients.

The highest living allowance index is 250% and the lowest is 60% compared to the minimum living allowance stipulated in Clause 1, Article 6 of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government.

4. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Finance to specify the minimum living allowance levels applicable to each country where Vietnamese agencies are headquartered and to establish living allowance index tables for five groups: diplomatic officials and civil servants; administrative and public service officials and civil servants; defense and police officials and civil servants; technical and logistics officials and civil servants; and spouses.

Article 7. Subsidies and Allowances

1. Ambassadors and Heads of Vietnamese representative offices abroad who are assigned concurrently to work in other countries or international organizations by authorized Party and State authorities shall receive concurrent duty allowances not exceeding 15% of the minimum living allowance.

2. In cases where Vietnamese agencies abroad cannot allocate sufficient officials and civil servants according to approved staffing, those assigned concurrently to work by authorized authorities shall receive allowances not exceeding 15% of the minimum living allowance.

3. Officials and civil servants serving terms in areas during periods of war or severe epidemics threatening lives shall receive allowances, with a maximum not exceeding 30% of the minimum living allowance.

4. Officials and civil servants serving terms required to work night shifts or overtime shall be granted compensatory leave or overtime allowances according to current regulations.

5. Female officials and civil servants serving terms shall receive a monthly allowance of 5% of the minimum living allowance.

Article 8. Other Provisions

1. Officials and civil servants serving terms at Vietnamese agencies abroad shall be reimbursed by the State for the following expenses:

a) Costs for purchasing work attire and essential items during the term of service;

b) Airfare and excess baggage fees of 50kg beyond airline regulations when leaving Vietnam to the place of service and upon completion of the term returning home. Ambassadors and Heads of Vietnamese representative offices shall enjoy business class airfare standards when first arriving at the post, upon completion of the term returning home, when presenting credentials and concluding terms in concurrently assigned countries, and when traveling with local officials or organized by the diplomatic corps. If traveling by train, they shall enjoy first-class carriage standards;

c) Health insurance for medical examination and treatment abroad according to current regulations;

d) Travel expenses when traveling within the host country or to another country according to current regulations.

2. Officials and civil servants serving terms at Vietnamese agencies abroad shall be exempted or granted tax reductions on personal assets and means of transportation brought back to the country upon completion of the term according to current laws (except for cars, which shall be subject to regulations set by the State in each period).

Article 9. Treatment for spouses

Clause 1.5. The spouses of officials and civil servants working on a term basis at Vietnamese agencies abroad shall enjoy certain benefits guaranteed by the state budget.

Clause 2.6. The living allowance level for spouses shall be calculated as a percentage of the minimum living allowance stipulated in Clause 1, Article 6 of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government, as follows:

a) A rate of 125% for the spouses of Ambassadors.

b) A rate of 110% for the spouses of Chargés d'Affaires, Consuls General, Consuls, Military Attaches, Deputy Military Attaches, Consul Generals, Deputy Consul Generals, and Heads of Vietnamese agencies abroad not holding diplomatic positions.

c) A rate of 80% for the spouses of officials and civil servants holding diplomatic or consular positions including First Secretaries, Second Secretaries, Third Secretaries, Attachés, Consuls, Deputy Consuls, and the spouses of officials and civil servants in technical and administrative positions not holding diplomatic or consular positions but receiving equivalent living allowances.

d) A rate of 60% for the spouses of other categories.

Clause 3. The spouses of Ambassadors and Heads of Vietnamese representative offices when arriving at the host country to commence their duties and upon completion of their term and returning home by air shall be entitled to business class airfare standards. If traveling by train, they shall be entitled to first-class sleeper berth standards.

Clause 4. Spouses shall enjoy health insurance benefits outside the country as officials and civil servants working on a term basis abroad, and other benefits (clothing standards, airfare, baggage fees, etc.) according to current regulations.

In addition, wives shall receive a monthly allowance of 5% of the minimum living allowance stipulated in Clause 5, Article 7 of this Decree.

Clause 5. Spouses who are officials and civil servants receiving salaries from the state budget during the period of enjoying spouse benefits at Vietnamese agencies abroad shall receive 40% of their current basic salary in the country and continue to contribute to social insurance.

Clause 6. Spouses who are not state officials but have previously participated in mandatory social insurance before going abroad shall continue to contribute to social insurance in accordance with the laws on social insurance.

Clause 7. Upon completion of their term, spouses who are state officials shall be re-employed at their former agency and implement the domestic salary increment system according to the regulations of the managing agency based on the general provisions of the State.

Clause 8.7. If spouses of officials and civil servants working on a term basis at Vietnamese agencies abroad cannot accompany their husband/wife due to difficult family circumstances or dangerous areas, they shall be entitled to 50% of the living allowance stipulated in Clause 2 of this Article.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

Clause 1. This Decree shall take effect fifteen days after its publication in the Official Gazette. The benefits prescribed in this Decree shall be applicable from January 1, 2006.

Clause 2. This Decree replaces Decree No. 105/CP dated June 22, 1965 of the Council of Ministers regarding the treatment of officials and staff working abroad.

Any provisions in previous documents that conflict with the provisions of this Decree are hereby abolished.

Article 11. Responsibilities for guidance on implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Heads of Vietnamese agencies abroad shall be responsible for implementing this Decree.