Joint Circular No. 29/2006/TTLT-BNG-BNV-BTC-BLDTBXH guiding the implementation of Government Decree No. 157/2005/NĐ-CP dated December 23, 2005, stipulating certain benefits for officials and civil servants serving terms at Vietnamese agencies abroad.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DECREE NO. 157/2005/ND-CP OF THE GOVERNMENT ON CERTAIN REGIMES FOR STAFF AND CIVIL SERVANTS WORKING IN VIETNAMESE AGENCIES ABROAD FOR A TERM OF OFFICE

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Pursuant to Decree No. 157/2005/ND-CP dated December 23, 2005 of the Government on certain regimes for staff and civil servants working in Vietnamese agencies abroad for a term of office (hereinafter referred to as Decree No. 157/2005/ND-CP), the Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labour - Invalids and Social Affairs issue guidelines for implementing the regimes for staff and civil servants working in Vietnamese agencies abroad for a term of office as follows:

I. SCOPE AND APPLICABLE SUBJECTS

1. Staff and civil servants working in Vietnamese agencies abroad as stipulated in Article 1 of Decree No. 157/2005/ND-CP (hereinafter referred to as staff and civil servants) include:

a) Staff and civil servants at Vietnamese representative offices abroad as stipulated in the Ordinance on Vietnamese Representative Offices Abroad dated December 2, 1993.

b) Staff and civil servants at other Vietnamese agencies operating abroad receiving funding from the state budget.

2. Spouses as stipulated in Clause 1, Article 9 of Decree No. 157/2005/ND-CP (hereinafter referred to as spouses) include:

a) Spouses of staff and civil servants holding diplomatic positions from First Secretary and above.

b) Spouses of Heads of other Vietnamese agencies operating abroad receiving funding from the state budget.

c) Spouses of staff and civil servants enjoying overseas living allowances equivalent to or higher than that of a First Secretary (180%).

II. LIVING ALLOWANCE REGIME (LA)

1. PRINCIPLES:

The LA regime is uniformly applied to staff and civil servants working in Vietnamese agencies abroad for a term of office. Those holding higher positions receive a higher LA index.

2. MINIMUM LA LEVEL:

a) The minimum LA level is established based on the importance of the location, workload intensity, and living costs in each location, creating conditions for staff and civil servants to work with peace of mind and complete their assigned tasks effectively.

b) The minimum LA levels at Vietnamese agencies abroad consist of three levels: 500; 450 and 400 US dollars/person/month. The list of countries enjoying the minimum LA levels is specified in the Table of Minimum Living Allowances at Vietnamese Agencies Abroad attached to this Circular (Annex I attached), with the 400 US dollars/person/month level retained for potential adjustments when necessary.

3. LA INDEX:

a) The LA index for staff and civil servants is determined based on standard position, rank, and domestic salary grade. The LA index is specifically stipulated in the decision assigning staff and civil servants to work abroad issued by the competent authority. The LA amount for those entitled to it is calculated based on US dollars, according to the actual number of days present in the host country.

b) Five Tables of LA Indices (Annex II attached) are issued along with this Circular for the subjects mentioned in Section I of this Circular, as follows:

- Table 1: Applies to staff and civil servants holding diplomatic positions.

- Table 2: Applies to staff and civil servants in administrative, public service, Party, and mass organizations.

- Table 3: Applies to technical sectors such as military, security, and police not holding diplomatic positions.

- Table 4: Applies to staff and civil servants, technical logistics officers, administrative and service personnel.

- Table 5: Applies to spouses.

III. OTHER REGIMES

1. General Regime:

During the term of office at Vietnamese agencies abroad, staff and civil servants and their spouses are provided with housing, electricity, water, fuel, and essential work and living facilities as stipulated and detailed by the Ministry of Finance.

2. Working Hours and Leave:

a) The term of office abroad is three years, i.e., 36 months (including handover time), counted from the date of arrival to take up duties.

b) Working hours per day are eight hours, five days per week.

c) Staff and civil servants are entitled to leave during national holidays, Tet, and sick leave as prescribed by Vietnamese labor laws.

Additionally, staff and civil servants are entitled to leave and retain their full LA during official holidays in the host country.

3. War and Epidemic Allowance:

Staff and civil servants in areas affected by war or serious epidemics threatening lives are entitled to a 30% allowance of the minimum LA applicable to that area. Based on reports from the Heads of Vietnamese agencies abroad and the actual situation, the Ministry of Foreign Affairs will coordinate with the Ministry of Finance and the Ministry of Home Affairs to decide on the areas and periods eligible for or ineligible for this allowance.

4. Salary Regime:

During the term of office at Vietnamese agencies abroad, staff and civil servants are entitled to 40% of their current salary and leadership position allowances, and seniority allowances exceeding the ceiling (if any) in Vietnam. Spouses who are staff and civil servants receiving salaries from the state budget during their term as spouses at Vietnamese agencies abroad are entitled to 40% of their basic salary in Vietnam.

The management and payment units responsible for these individuals before they go abroad are responsible for paying the aforementioned salaries.

5. Social Insurance Regime:

a) During the term of office at Vietnamese agencies abroad, staff and civil servants as stipulated in Clause 1, Section I of this Circular continue to contribute to social insurance to enjoy retirement and death benefits as if they were working in Vietnam, in accordance with Vietnamese social insurance laws.

The management units responsible for staff and civil servants before they go abroad are responsible for monthly contributions to the social insurance fund for retirement and death benefits, while deducting from the salaries of staff and civil servants to contribute simultaneously to the social insurance fund.

b) The spouse specified in Clause 2, Section I of the Circular shall implement social insurance contributions during their time abroad for retirement and survivor benefits as follows:

- The spouse who is a state employee receiving salary from the state budget shall continue to make social insurance contributions in accordance with the provisions set forth in point (a) above.

- The spouse who is not a state employee but has previously participated in mandatory social insurance before going abroad shall contribute at the total rate of social insurance contributions of both the worker and the employer for retirement and survivor benefits based on the salary level that was previously covered by social insurance.

The agency managing state employees whose spouses fall under this category shall be responsible for collecting monthly social insurance contributions from such spouses and depositing them into the social insurance fund.

6. Allowance for female state employees and their spouses:

Female state employees and their spouses shall receive a monthly allowance of 5% of the minimum living expense subsidy at the place of duty.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. Circulars Jointly Issued No. 22/2001/TTLT/BTCCBCP-BTC dated May 9, 2001, jointly issued by the Ministry of Finance and the Civil Service Committee of the Government, titled "Guidelines for Adjusting Living Expense Indexes for State Employees Working at Vietnam's Representative Offices Abroad," and Circular Jointly Issued No. 41/TT/LB dated July 1, 1997, jointly issued by the Ministry of Finance and the Ministry of Foreign Affairs, titled "Supplementary Guidelines for Implementing Article 1-2 of Section V of Decree No. 105/CP dated June 22, 1965 of the Council of Ministers (now the Government) Regarding the Treatment of Spouses of Diplomatic Staff Sent on Long-Term Assignments Abroad," are hereby repealed.

2. The provisions stipulated in this Circular shall apply starting January 1, 2006.

3. Ministries and sectors with Vietnamese agencies abroad shall be responsible for directing subordinate units within their jurisdiction to implement this Circular.

4. In case of difficulties during implementation, ministries, sectors, and Vietnamese agencies abroad shall submit written requests to the Ministry of Foreign Affairs for discussion and agreement with the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs to consider and decide.