Circular No. 38/2009/TT-BLDTBXH guiding the implementation of safety bonus regimes for civil servants and officials working at Civil Aviation Port Authorities.

CIRCULAR

Guidelines for implementing the safety bonus system for officials, civil servants, and employees of Civil Aviation Port Authorities

civil servant, officer of the Civil Aviation Port Authority

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Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions and tasks of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Decision No. 234/2005/QĐ-TTg dated September 26, 2005 of the Prime Minister on special regulations for workers, staff, and employees in certain industries and professions in state-owned companies, and Document No. 52/TTg-KGVX dated January 12, 2009 of the Prime Minister;

After receiving comments from the Ministry of Finance and the Ministry of Transport, the Ministry of Labor - Invalids and Social Affairs hereby provides the following guidelines:

Article 1. Scope of Regulation

This Circular guides the implementation of the safety bonus system for officials, civil servants, and employees directly involved in air traffic safety operations at Civil Aviation Port Authorities.

Article 2. Applicability

1. Officials, civil servants, and employees directly engaged in the following tasks:

a) Monitoring airfield operation safety, aircraft technical operations, ground service technical operations, and flight activity management;

b) Monitoring aviation security, issuing aviation security control cards and permits;

c) Monitoring airport operation activities;

d) Emergency rescue operations in aviation accidents;

e) Operating aviation information services;

f) Inspecting and handling violations in aviation security and safety, and airport operation activities;

2. Managers directly overseeing the tasks mentioned in Clause 1 of this Article;

3. Drivers monitoring aviation security and safety.

Article 3. Safety Bonus System

1. The subjects mentioned in Article 2 of this Circular shall be entitled to a safety bonus equal to 15% of their current salary level (based on rank, grade, specialty, and profession) plus leadership position allowances and seniority allowances exceeding the standard range (if applicable).

2. Principles for applying the safety bonus system:

a) The safety bonus is paid monthly based on actual working time;

b) Groups and individuals who comply with regulations on aviation security and safety supervision according to established standards, procedures, and norms issued by competent authorities shall be eligible for bonuses;

c) Groups and individuals who fail to fully perform their responsibilities in aviation security and safety supervision, resulting in security and safety incidents, shall have their eligibility for the safety bonus determined based on the severity, extent of damage, scope of impact, and specific responsibility;

d) The application of the safety bonus system must be carried out in accordance with the safety bonus regulation issued by the Director of the Civil Aviation Port Authority and registered with the directly managing state agency.

3. Bonus Fund.

a) The planned safety bonus fund is calculated using the following formula:

Vtt = Lđh x Lttchung x [Hcb x (1 + Hpcvk) + Hpccv] x 15% x 12 months

Where:

- Vtt: Annual safety bonus fund;

- Lđh: Average number of employees eligible for bonuses per year, calculated according to Circular No. 08/1998/TT-BLDTBXH dated May 7, 1998, which provides guidance on calculating the average number of employees per year as stipulated in Decree No. 07/1998/NĐ-CP dated January 15, 1998 of the Government;

- Ltt: National minimum wage level set by the State;

- Hcb: Average salary coefficient for rank, specialty, and profession of the subjects mentioned in Article 2 above;

- Hpcvk: Average seniority allowance coefficient exceeding the standard range of the subjects mentioned in Article 2 above (if applicable);

- Hpccv: Average leadership position allowance coefficient of the subjects mentioned in Article 2 above (if applicable).

b) The actual safety bonus fund is settled within the annual regular operating budget of Civil Aviation Port Authorities in accordance with current regulations.

Article 4. Organization of Implementation

1. Directors of Civil Aviation Port Authorities shall develop and issue safety bonus regulations after reaching consensus with the same-level Trade Union Committee and registering with the Vietnam Civil Aviation Administration.

2. The Ministry of Transport shall guide, inspect, and supervise Civil Aviation Port Authorities in implementing this Circular in accordance with its provisions.

Article 5. Effective Date

1. This Circular takes effect 45 days from the date of signature.

The safety bonus system prescribed in this Circular shall take effect from January 1, 2009.

2. Any issues encountered during implementation should be reported to the Ministry of Labor - Invalids and Social Affairs for guidance and supplementation./.