Decree No. 48/2012/ND-CP amending and supplementing certain articles of Decree No. 157/2005/ND-CP dated December 23, 2005, of the Government stipulating some regimes for officials and civil servants working on term at Vietnamese agencies abroad.

DECREE

Amending and supplementing some articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005

of the Government stipulating certain regulations for officials and civil servants

working on a term basis at Vietnamese agencies abroad

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

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

On the basis of the Law on State Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009;

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

The Government issues this Decree amending and supplementing some articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working on a term basis at Vietnamese agencies abroad,

Article 1. Amending and supplementing some articles of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working on a term basis at Vietnamese agencies abroad as follows:

1. Amend Article 1 as follows:

"Article 1. Scope of Regulation and Applicability

This Decree stipulates the living allowance, additional allowances, and subsidies; the regulations for spouses; and other certain regulations for officials and civil servants working on a term basis at Vietnamese agencies abroad, including agencies representing the Socialist Republic of Vietnam abroad as defined in the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009, and other Vietnamese agencies operating abroad funded by the state budget (hereinafter referred to as Vietnamese agencies abroad).

2. Amend Clause 3, Article 6 as follows:

"3. The living allowance index applicable to Vietnamese agencies abroad shall be determined based on the standard rank system and diplomatic positions of officials and civil servants at Vietnamese agencies abroad and their current salary coefficients.

The highest living allowance index is 250%, and the lowest is 60% compared to the minimum living allowance stipulated in Clause 1, Article 6 of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government.”

3. Amending and supplementing the name of Article 9, Clause 1, Clause 2, and adding Clause 8 of Article 9 as follows:

"Article 9. Regulations for spouses

1. Spouses of officials and civil servants working on a term basis at Vietnamese agencies abroad shall enjoy certain benefits guaranteed by the state budget.

2. The level of living allowance for spouses shall be calculated as a percentage of the minimum living allowance stipulated in Clause 1, Article 6 of Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government, as follows:

a) A rate of 125% for the spouses of Ambassadors.

b) 110% for spouses of Consuls General, Deputy Consuls General, Consuls, Military Attaches, Deputy Military Attaches, Deputy Consuls General, Deputy Consuls, and Chiefs of Vietnamese agencies abroad not holding diplomatic positions;

c) 80% for spouses of officials and civil servants holding diplomatic or consular positions including First Secretaries, Second Secretaries, Third Secretaries, Attachés, Consuls, Deputy Consuls, and spouses of officials and civil servants in professional and technical positions not holding diplomatic or consular positions but receiving equivalent living allowance indices;

d) A rate of 60% for the spouses of other categories.

8. If spouses of officials and civil servants working on a term basis at Vietnamese agencies abroad cannot accompany due to difficult family circumstances or difficult and dangerous areas, they shall receive 50% of the living allowance stipulated in Clause 2 of this Article."

Article 2. Implementation clause

1. This Decree takes effect from August 1, 2012.

2. Repealing Decree No. 131/2007/NĐ-CP dated August 6, 2007 of the Government amending and supplementing Decree No. 157/2005/NĐ-CP dated December 23, 2005 of the Government stipulating certain regulations for officials and civil servants working on a term basis at Vietnamese agencies abroad.

Article 3. Responsibility for Implementation

1. The Ministry of Foreign Affairs, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, and Heads of Vietnamese agencies abroad are responsible for implementing this Decree.