Decree No. 34/2012/ND-CP on Allowance for Public Service Duties

DECREE

On Allowances for Official Duties

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

At the proposal of the Minister of Home Affairs and the Minister of Finance;

The Government promulgates this Decree to stipulate the allowance system for official duties,

Article 1. Scope of Regulation

This Decree stipulates the allowance system for official duties applicable to cadres, civil servants, and persons receiving salaries or military rank allowances from the State budget working in agencies of the Communist Party of Vietnam, the State, political-social organizations at central, provincial, municipal, district, town, commune, ward, township levels, and armed forces.

Article 2. Applicability

1. Cadres, civil servants, and persons receiving salaries or military rank allowances from the State budget as specified in Article 1 of this Decree include:

a) Cadres as defined in Clause 1, Article 4 of the Law on Cadres and Civil Servants;

b) Civil servants as defined in Clause 2, Article 4 of the Law on Cadres and Civil Servants and Articles 3, 4, 5, 6, 7, 8, 9, 10, and 12 of Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government specifying those who are civil servants; excluding civil servants as defined in Article 11 of Decree No. 06/2010/NĐ-CP;

c) Cadres and civil servants at communes, wards, and townships as defined in Clause 3, Article 4 of the Law on Cadres and Civil Servants and Article 3 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on positions, number, and some systems and policies for cadres and civil servants at communes, wards, and townships and non-professional staff at commune level;

d) Persons working under labor contracts in administrative state agencies as defined in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the system of contracts for certain types of work in administrative state agencies, public institutions, and laborers working under labor contracts in Party agencies and political-social organizations applying the provisions of Decree No. 68/2000/NĐ-CP; excluding persons working under labor contracts in public institution units;

đ) Officers, professional soldiers, non-commissioned officers, conscript soldiers, and defense workers, contractual employees belonging to the Vietnam People's Army;

e) Officers, non-commissioned officers receiving salaries, non-commissioned officers, conscript soldiers serving with fixed terms; police workers and contractual employees belonging to the Vietnam People's Public Security Force;

g) Personnel engaged in confidential work in confidential organizations.

The subjects specified in Clause 1 of this Article have been assigned salaries or military rank allowances according to the following documents:

a) Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the table of position salaries and position allowances for State leaders; the table of specialized and vocational salaries for the judiciary and prosecution sectors;

b) Resolution No. 1003/2006/NQ-UBTVQH11 dated March 3, 2006 of the Standing Committee of the National Assembly approving the table of salaries and position allowances for National Audit Office leaders; the table of salaries, allowances, uniforms for National Audit Office cadres and civil servants, and preferential treatment for State auditors;

c) Decision No. 128-QĐ/TW dated December 14, 2004 of the Politburo on salary systems for cadres, civil servants, and officials in Party agencies, the Front, and mass organizations;

d) Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, officials, and armed forces;

đ) Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on positions, number, and some systems and policies for cadres and civil servants at communes, wards, and townships and non-professional staff at commune level.

Article 3. Rate of job allowance

The subjects specified in Article 2 of this Decree shall be entitled to a job allowance equal to 25% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable) or military rank allowance.

Article 4. Principles of Application

1. Job allowance shall be paid concurrently with monthly salary and shall not be used for calculating social insurance contributions or health insurance benefits.

2. Periods during which job allowance shall not be enjoyed include:

a) Time spent on overseas work, study, or training missions 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 salary regulations for cadres, civil servants, public officials, and armed forces personnel;

b) Continuous unpaid leave for one month or longer;

c) Time receiving social insurance benefits as prescribed by laws on social insurance;

d) Time when temporarily suspended from duty or under temporary detention or arrest.

3. Upon ceasing employment in Party of Vietnam organs, State organs, political-social organizations, or armed forces, the job allowance shall cease from the following month.

4. Those entitled to occupation preference allowance, occupational responsibility allowance, or special allowance as prescribed by competent authorities shall also be entitled to the job allowance as provided for in this Decree.

Article 5. Source of Funds

The funding for implementing the job allowance regime as prescribed in this Decree shall be guaranteed from the State budget and other legitimate financial sources of the agencies and units.

Article 6. Effectiveness

1. This Decree takes effect from June 1, 2012. The provisions of this Decree shall apply starting from May 1, 2012.

2. Decree No. 57/2011/NĐ-CP dated July 7, 2011 of the Government on the job allowance system is hereby repealed.

Article 7. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.