Circular No. 30/2016/TT-BLDTBXH guiding the implementation of hazardous and dangerous allowances for cadres, civil servants, public officials, and workers engaged in cemetery management at martyrs' cemeteries.

CIRCULAR

Guidelines for Implementing Hazardous and Dangerous Allowances for Cadres, Civil Servants, Public Officials, and Workers Engaged in Cemetery Management at Martyrs' Cemeteries

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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on Salary Regulations for Cadres, Civil Servants, Public Officials, and Armed Forces Personnel, amended and supplemented by Decree No. 76/2009/NĐ-CP dated September 15, 2009, Decree No. 14/2012/NĐ-CP dated March 7, 2012, and Decree No. 17/2013/NĐ-CP dated February 19, 2013 of the Government;

After reaching an agreement with the Ministry of Home Affairs and the Ministry of Finance regarding the implementation of hazardous and dangerous allowances for cadres, civil servants, public officials, and workers engaged in cemetery management at martyrs' cemeteries;

The Minister of Labor - Invalids and Social Affairs hereby issues this Circular to guide the implementation of hazardous and dangerous allowances for cadres, civil servants, public officials, and workers engaged in cemetery management at martyrs' cemeteries as follows:

Article 1. Scope of Regulation

This Circular guides the level of hazardous and dangerous allowances applicable to individuals engaged in cemetery management at martyrs' cemeteries.

Article 2. Applicability

1. Cadres, civil servants, public officials (including civil servants during their probationary period and public officials during their trial period) and workers within the authorized staffing quota and number of personnel assigned by competent authorities in public institutions, who have been classified according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for cadres, civil servants, public officials, and armed forces personnel.

2. Relevant individuals and organizations.

Article 3. Provisions on the Application of Levels and Coefficients of Hazardous and Dangerous Allowances

Level 1, coefficient 0.1 shall be applied to cadres, civil servants, public officials, and workers performing duties including: Organizing reception and guidance for relatives of martyrs visiting the graves of martyrs; serving memorial services at martyrs' cemeteries for delegations paying respects; receiving and organizing the burial of remains of martyrs handed over by localities and units; exhuming and taking samples of remains of martyrs for DNA identification as prescribed; protecting, caring for the graves of martyrs, flower gardens, ornamental plants, premises, and other facilities of the cemetery.

 Article 4. Calculation Method and Source of Funds for Hazardous and Dangerous Allowances

1. Calculation method for allowances:

Hazardous and dangerous allowances are calculated based on actual working time in places with harmful and dangerous factors; if working less than 4 hours in a day, it is counted as half a working day, and if working 4 hours or more, it is counted as a full working day. Hazardous and dangerous allowances are paid together with monthly salaries and are not used for contributions to social insurance benefits.

2. Source of funds for hazardous and dangerous allowances:

For entities under agencies and units fully funded by the state budget, hazardous and dangerous allowances are paid from the state budget according to current budget levels allocated annually to agencies and units.

For entities under agencies implementing staff quotas and administrative management budgets and for entities under public institutions operating on self-financing, hazardous and dangerous allowances are paid from the allocated budget and self-financed resources.

Article 5. Reference Provisions

In cases where the referenced documents in this Circular are replaced or amended, they shall be implemented according to the replaced or amended documents.

Article 6. Implementation Provisions

1. This Circular takes effect from December 10, 2016.

2. During the implementation process, if there are any difficulties, relevant ministries, sectors, localities, and units should report to the Ministry of Labor - Invalids and Social Affairs for research and resolution./.