Consolidated Document number 4184/VBHN-BNG Decree stipulating certain regimes for members of Vietnamese agencies abroad

DECREE

Regulations on certain benefits for members of Vietnamese agencies abroad

Decree No. 08/2019/ND-CP dated January 23, 2019, issued by the Government, stipulates certain benefits for members of Vietnamese agencies abroad, effective from March 11, 2019, amended and supplemented by:

Decree No. 51/2024/ND-CP dated May 15, 2024, issued by the Government, amends and supplements certain provisions of Decree No. 08/2019/ND-CP dated January 23, 2019, issued by the Government, stipulating certain benefits for members of Vietnamese agencies abroad, effective from May 15, 2024.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Vietnamese Representative Agencies Abroad dated June 18, 2009, and the Law Amending and Supplementing Certain Provisions of the Law on Vietnamese Representative Agencies Abroad dated November 21, 2017;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Notification of the Conclusion of the 29th Meeting of the Standing Committee of the National Assembly at Official Letter No. 2587/TB-TTKQH dated December 14, 2018, of the Secretary-General of the National Assembly;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates this Decree stipulating certain benefits for members of Vietnamese agencies abroad.^[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates living expense allowances, subsidies, insurance for medical examination and treatment, working hours, and other benefits for members of Vietnamese agencies abroad who receive salaries from the state budget or revenue from the state budget, their spouses or partners, and minor children accompanying them.

Article 2. Applicability

1. Members of Vietnamese agencies abroad, spouses or partners, and minor children accompanying members of Vietnamese agencies abroad.

2. Agencies and organizations related to ensuring and implementing the benefits prescribed by this Decree.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Vietnamese agencies abroad include Vietnamese representative agencies abroad (hereinafter referred to as Vietnamese representative agencies abroad) and other Vietnamese agencies abroad:

Vietnamese representative agencies abroad include diplomatic representative agencies, consular representative agencies, and representative agencies at international organizations performing the function of officially representing the State of Vietnam in relations with countries, territories, and international organizations receiving representation according to the provisions of the Law on Vietnamese Representative Agencies Abroad.

Other Vietnamese agencies abroad are agencies not part of the organizational structure of Vietnamese representative agencies abroad, funded from the state budget or other sources as provided by law, established abroad by ministries, government agencies, and other central agencies in accordance with the law.

2. Members of Vietnamese agencies abroad are civil servants, public officials, employees receiving salaries from the state budget; officers, professional military personnel, officials, workers receiving salaries from the state budget working in armed forces, dispatched by competent authorities to serve terms at Vietnamese agencies abroad according to the Law on Vietnamese Representative Agencies Abroad, the Law Amending and Supplementing Certain Provisions of the Law on Vietnamese Representative Agencies Abroad, and related regulations.

3. Spouse/partner is the wife or husband of a member of Vietnamese agencies abroad.

4. Basic living expense allowance rate is the standard amount calculated in US dollars applicable to all locations.

5. Location coefficient is a standardized factor used to assess the ease or difficulty of each location where Vietnamese agencies abroad have offices.

6. Living expense index corresponds to the diplomatic rank or position of members of Vietnamese agencies abroad.

Article 4. Basis and Principles for Determining the Living Allowance System for Members of Vietnamese Agencies Abroad

1. The living allowance system, subsidies, and other benefits shall be established based on material and spiritual needs, ensuring a normal life and activities, and guaranteeing the successful completion of tasks by members of Vietnamese agencies abroad and their spouses, in accordance with the country's economic conditions, the special nature of foreign affairs work, and the specific circumstances of the working area.

2. The living allowance shall be determined as follows: The living allowance equals the base living allowance multiplied by the location coefficient and then by the living allowance index, wherein:

a) The base living allowance is determined to ensure common needs for food, essential expenses, and some cultural and spiritual needs for members of Vietnamese agencies abroad, consistent with the country's economic conditions and the special nature of foreign affairs work.

b) The location coefficient is determined based on a synthesis of factors including security-political environment, natural-climatic environment, cultural-social environment, educational conditions, healthcare conditions, geographical distance, cost of living prices, workload intensity, attractiveness of the area... of locations where Vietnamese agencies have offices abroad.

c) The living allowance index is determined based on the standard title and appointed position at Vietnamese agencies abroad and the current salary coefficient in Vietnam of members of Vietnamese agencies abroad. The living allowance index for spouses is determined according to the standard title and position of their spouse who is a member of Vietnamese agencies abroad.

3. Principles for Applying the Living Allowance System:

a) The living allowance system is uniformly applied to members of Vietnamese agencies abroad.

b) Individuals holding diplomatic positions or higher titles receive a higher living allowance index.

Chapter II. SPECIFIC PROVISIONS

Article 5. Living Allowance System

1.^[2] The base living allowance applicable to all Vietnamese agencies abroad is 1,350 US dollars per person per month and will be reviewed for adjustment when the consumer price index in the areas increases by 10% or more, or depending on the development of Vietnam's socio-economic conditions.

2. The location coefficient includes five levels: 1.0 - 1.1 - 1.2 - 1.3 and 1.4.

The Ministry of Foreign Affairs shall issue a List classifying Vietnamese agencies abroad according to the location coefficient after obtaining the unified opinion of the Ministry of Finance.

3. The lowest living allowance index is 100% and the highest is 250%, determined according to the system of standard titles and diplomatic positions of members of Vietnamese agencies abroad and the current salary coefficient in Vietnam.

The living allowance index is specifically stipulated in the decision assigning duty terms at Vietnamese agencies abroad.

Attached to this Decree are 05 Tables of Living Allowance Indices (Annexes attached), including:

a) Table 1: Applied to members of Vietnamese representative agencies abroad holding diplomatic positions.

b) Table 2: Applied to members of Vietnamese agencies abroad not holding diplomatic positions.

c) Table 3: Applied to members of Vietnamese agencies in the security-defense sector not holding diplomatic positions.

d) Table 4: Applied to administrative, technical, and logistical staff.

đ) Table 5: Applied to spouses.

Article 6. Allowance System

1. Ambassadors and Heads of Vietnamese agencies abroad who are assigned by competent authorities to concurrently perform duties in another country or international organizations in another country shall be entitled to area allowance for concurrent duty as follows: Concurrently performing duties in one to two countries or international organizations in another country shall be entitled to a rate of 15% of the basic living expense multiplied by the area coefficient; concurrently performing duties in three or more countries or international organizations in another country shall be entitled to a rate of 20% of the basic living expense multiplied by the area coefficient.

2. In cases where Vietnamese agencies abroad cannot allocate sufficient number of members according to approved staffing, members of Vietnamese agencies abroad assigned by competent authorities to concurrently perform work from other staffing positions shall be entitled to a rate of 15% of the basic living expense multiplied by the area coefficient.

3. Female members of Vietnamese agencies abroad shall be entitled to a monthly allowance of 5% of the basic living expense multiplied by the area coefficient.

Article 7. Subsidy System

1. Members of Vietnamese agencies abroad working on a term at locations where armed conflict, natural disaster, severe epidemic threatening lives, or under particularly difficult working conditions occur shall be entitled to a monthly subsidy equal to 30% of the basic living expense multiplied by the area coefficient.

Based on reports from Heads of Vietnamese representative agencies abroad and considering the actual situation at the location, the Minister of Foreign Affairs shall decide on the location and duration of entitlement to this subsidy after obtaining the unified opinion of the Ministry of Finance.

2. Members of Vietnamese agencies abroad who are injured or die during their term of service abroad, in addition to the provisions stipulated in the Civil Servants Law and the Public Officer Law, shall be entitled to state subsidies, specifically:

a) A one-time subsidy amounting to three times the basic living expense if they suffer a disability reducing their ability to work by 21% or more.

b) A one-time subsidy amounting to seven times the basic living expense if they die.

Article 8. Health Insurance Examination and Treatment System

1. Members of Vietnamese agencies abroad shall be supported in purchasing health insurance for examination and treatment abroad.

2. Based on the development conditions of Vietnam's economy and society, the Minister of Finance shall provide specific guidance on the level of support under this Article.

Article 9. Other Systems

1. Members of Vietnamese agencies abroad shall have the State pay for housing expenses, electricity, water, fuel, cable television subscription fees, telephone subscription fees, and internet subscription fees; they shall be entitled to 40% of their current salary plus leadership position allowances, seniority allowances (if applicable), and seniority allowances exceeding the framework (if applicable) as in the country, and continue to contribute to social insurance as when working in the country.

2. Members of Vietnamese agencies abroad shall be entitled to a lump sum allowance for the entire term to purchase diplomatic attire and essential personal items during their term of service (suit, tie, shoes, seasonal coats...).

3. Airfare (or other means of transportation) and baggage fees for official travel during the term:

a) Members of Vietnamese agencies abroad when leaving Vietnam to the place of work and upon completion of the term shall be reimbursed for travel expenses from their residence to the airport, train station, bus terminal, and vice versa; they shall be entitled to standard economy class airfare, if traveling by other means then reimbursement will be based on the fare of the means of transportation;

b) Heads of Vietnamese representative agencies abroad shall be entitled to business class airfare standards when arriving at the location for the first time to take up duties and upon completion of the term returning home; when traveling to present credentials and conclude the term in countries with concurrent duties, when traveling on official business with local officials or organized by diplomatic delegations, and when traveling to the local area for work requirements. If traveling by train, they shall be entitled to first-class carriage standards;

c) Members of Vietnamese agencies abroad when traveling to the place of work and upon completion of the term returning home shall be reimbursed for a 50kg baggage allowance per trip based on the tariff regulations of the airline (excluding the free baggage allowance according to the airline's regulations).

4. Members of Vietnamese agencies abroad shall be reimbursed for round-trip airfare or round-trip tickets of other means of transportation back to Vietnam or a third country during their term of service when their biological father/mother, father/mother-in-law, foster father/mother as prescribed by law, spouse, biological child/foster child as prescribed by law pass away in Vietnam or a third country.

5. Members of Vietnamese agencies abroad shall be entitled to travel expenses when traveling within the local area or to another country.

6. Members of Vietnamese agencies abroad who work night shifts or overtime shall be entitled to compensatory leave or overtime allowances.

7. Members of Vietnamese agencies abroad and family members accompanying them shall be exempted from import tax on movable property when concluding their term and returning home.

8. Female members of Vietnamese agencies abroad shall be entitled to maternity leave according to the regulations of the Social Insurance Law.

9. The Minister of Finance shall provide specific guidance on the provisions from Clause 1 to Clause 7 of this Article.

Article 10. Working hours and rest periods

1. The daily working hours are 08 hours, and the weekly working days are 05 days.

2. Members of Vietnamese agencies abroad shall be entitled to annual leave, public holiday leave, and personal leave according to the Labor Law regulations, during which they will receive full living expenses, as well as formal holidays of the host country.

Article 11. Spouse Allowance System

1. The spouse accompanying the member of Vietnamese agencies abroad for the entire term shall receive the living allowance as stipulated in point đ, Clause 3, Article 5 of this Decree.

2. If the spouse of a member of Vietnamese agencies abroad cannot accompany due to difficult family circumstances or difficult and dangerous areas, they shall receive 50% of the living allowance as stipulated in point đ, Clause 3, Article 5 of this Decree.

3. When the spouse accompanies the member to the workplace and at the end of the term, they shall be reimbursed for travel expenses from their residence to the airport, train station, bus station, and vice versa; they shall enjoy economy class airfare standards, if traveling by other means, they shall be reimbursed according to the fare of that means. The spouse of the Head of the Representative Office shall enjoy the same class ticket as the Head of the Representative Office if traveling together.

4. The spouse shall be reimbursed for round-trip air tickets or round-trip tickets of other means of transportation back to Vietnam or a third country during the term of service when the spouse's father, mother, father-in-law, mother-in-law, foster father, foster mother, husband/wife, biological child, or legally adopted child passes away in Vietnam or a third country.

5. The spouse accompanying the member of Vietnamese agencies abroad for the entire term shall be reimbursed for purchasing clothing and essential personal items allocated for the entire term based on the level of the spouse who is a member of Vietnamese agencies abroad.

6. The spouse traveling to the workplace and returning home at the end of the term shall be reimbursed for 50 kg of luggage fee per trip based on the airline's freight rate (excluding free baggage allowance according to the airline's regulations).

7. The spouse working in areas experiencing armed conflict, natural disasters, severe epidemics threatening lives, or under particularly difficult working conditions shall receive monthly allowances as members of Vietnamese agencies abroad according to Clause 1, Article 7 of this Decree.

8. The spouse accompanying the member of Vietnamese agencies abroad for the entire term shall enjoy health insurance benefits for medical examination and treatment as members of Vietnamese agencies abroad.

9. The spouse shall receive compensation if injured or killed during the term of service as members of Vietnamese agencies abroad according to Clause 2, Article 7 of this Decree.

10. The spouse accompanying the member of Vietnamese agencies abroad for the entire term shall receive a monthly allowance equal to 5% of the base living expense multiplied by the location coefficient.

11. The spouse who is an officer, civil servant, employee receiving salary from the state budget, or a non-commissioned officer, professional soldier, employee, worker receiving salary from the state budget working in the armed forces, during the period of enjoying the spouse allowance system at Vietnamese agencies abroad, shall receive 40% of the current salary plus leadership position allowance, seniority allowance (if applicable), and seniority allowance exceeding the ceiling (if applicable) in the domestic context, continue to pay social insurance, and have the domestic agency implement the salary increment system according to state regulations; upon completion of the term of service abroad and returning home, they shall be reinstated to their original agency.

12. The spouse who is not an officer, civil servant, employee receiving salary from the state budget, or a non-commissioned officer, professional soldier, employee, worker receiving salary from the state budget working in the armed forces but has a history of mandatory or voluntary social insurance contributions before accompanying the member of Vietnamese agencies abroad for the entire term, shall continue to pay social insurance according to the law on social insurance.

13. The Minister of Finance shall provide detailed guidance on the levels of allowances prescribed in this Article.

Article 12. Provisions for minor children accompanying members of Vietnamese agencies abroad

1. Minor children accompanying members of Vietnamese agencies abroad shall be supported with tuition fees, specifically as follows:

a) Tuition fee support is provided on a monthly basis during the academic year, applicable to cases where actual school fees are paid in the host country.

b) The maximum level of tuition fee support is fifty percent of the basic living allowance. The level of support will be reviewed and adjusted appropriately based on the economic and social development conditions of Vietnam.

c) Conditions for receiving tuition fee support apply in areas where local public schools do not have policies to waive school fees for children of members of Vietnamese agencies abroad, or in areas where children of members of Vietnamese agencies abroad must attend private schools.

2.^[3] Minor children accompanying members of Vietnamese agencies abroad shall be supported with costs for purchasing health insurance for medical examination and treatment abroad at the same level as that provided for members of Vietnamese agencies abroad. This level of support will be reviewed and adjusted based on the economic and social development conditions of Vietnam.

Chapter III. IMPLEMENTING PROVISIONS^[4]

Article 13. Sources of funding

The sources of funding for implementing the provisions stipulated in this Decree shall be allocated from the annual state budget of Vietnamese agencies abroad and other lawful sources of funding as prescribed by law.

Article 14. Effective Date

1. This Decree takes effect from March 11, 2019.

2. The provisions stipulated in this Decree shall take effect from July 1, 2018.

3. The Decrees No. 157/2005/NĐ-CP dated December 23, 2005 of the Government prescribing certain benefits for officials and civil servants serving terms at Vietnamese agencies abroad; and Decree No. 48/2012/NĐ-CP dated June 4, 2012 amending and supplementing certain articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government prescribing certain benefits for officials and civil servants serving terms at Vietnamese agencies abroad are hereby repealed.

Article 15. Responsibility for guiding implementation

The Minister of Foreign Affairs and the Minister of Finance are responsible for guiding the Articles and Clauses assigned in this Decree.

Article 16. Responsibility for Organization and Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of government agencies, and Heads of Vietnamese agencies abroad are responsible for implementing this Decree.

ANNEX

(Attached to Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government)

Table 1

TABLE OF LIVING ALLOWANCE INDEXES
FOR MEMBERS OF VIETNAMESE MISSIONS ABROAD HOLDING DIPLOMATIC POSITIONS

Table 2

TABLE OF LIVING ALLOWANCE INDEXES
TABLE OF LIVING ALLOWANCE INDEXES FOR MEMBERS OF VIETNAMESE MISSIONS ABROAD NOT HOLDING DIPLOMATIC POSITIONS

Table 3

TABLE OF LIVING ALLOWANCE INDEXES FOR MEMBERS OF VIETNAMESE MISSIONS BELONGING TO SECURITY AND DEFENSE SECTORS NOT HOLDING DIPLOMATIC POSITIONS

Table 4

TABLE OF LIVING ALLOWANCE INDEXES FOR ADMINISTRATIVE, TECHNICAL, AND SUPPORT STAFF

Table 5

TABLE OF LIVING ALLOWANCE INDEXES FOR WIVES/HUSBANDS

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^[1] Decree No. 51/2024/NĐ-CP amending and supplementing certain articles of Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government prescribing certain benefits for members of Vietnamese agencies abroad is based on the following grounds:

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Vietnamese Representative Agencies Abroad dated June 18, 2009, and the Law Amending and Supplementing Certain Provisions of the Law on Vietnamese Representative Agencies Abroad dated November 21, 2017;

Based on the Civil Servant Law dated November 13, 2008; the Public Servant Law dated November 15, 2010; the Law Amending and Supplementing Certain Articles of the Civil Servant Law and the Public Servant Law dated November 25, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

Based on the conclusion of the Standing Committee of the National Assembly in document No. 3570/TB-TTKQH dated May 3, 2024 of the Secretary-General of the National Assembly;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates the Decree amending and supplementing certain articles of Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government prescribing certain benefits for members of Vietnamese agencies abroad.

^[2] This Clause has been amended according to Clause 1 of Article 1 of Decree No. 51/2024/NĐ-CP amending and supplementing certain articles of Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government prescribing certain benefits for members of Vietnamese agencies abroad, which takes effect from May 15, 2024.

^[3] This clause has been amended in accordance with Clause 2 of Article 1 of Decree No. 51/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government stipulating certain regulations for members of Vietnamese agencies abroad, which shall take effect from May 15, 2024.

^[4] Articles 2 and 3 of Decree No. 51/2024/NĐ-CP amending and supplementing certain provisions of Decree No. 08/2019/NĐ-CP dated January 23, 2019 of the Government stipulating certain regulations for members of Vietnamese agencies abroad, which shall take effect from May 15, 2024, are stipulated as follows:

“Article 2. Effective Date

This Decree takes effect from the date of issuance.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Heads of Vietnamese agencies abroad are responsible for implementing this Decree.”