Joint Circular No. 49/2011/TTLT-BGTVT-BNV-BTC guiding the implementation of Decision No. 141/2009/QĐ-TTG dated December 31, 2009 of the Prime Minister on salary mechanisms and occupational allowances for maritime search and rescue forces.

JOINT CIRCULAR

Guidelines for implementing Decision No. 141/2009/QD-TTg dated December 31, 2009 of the Prime Minister on salary mechanisms and preferential allowances for maritime search and rescue forces

concerning the salary mechanism and preferential allowance system for occupations within maritime search and rescue forces

__________________________

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 141/2009/QD-TTg dated December 31, 2009 of the Prime Minister on salary mechanisms and preferential allowance systems for occupations within maritime search and rescue forces, the Ministry of Transport, the Ministry of Home Affairs, and the Ministry of Finance hereby provide guidelines for implementation as follows:

Article 1. Scope of Regulation

This Circular stipulates the salary mechanism and preferential allowance system for civil servants, public officials, and employees under labor contracts working in maritime search and rescue forces.

Article 2. Applicability

Civil servants, public officials, and employees referred to in Article 1 of this Circular are those who have been assigned salaries according to the provisions of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 204/2004/NĐ-CP) or have been assigned salaries according to Tables B2 and B5 issued together with Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government stipulating the wage scale system and wage allowance system in state-owned companies (hereinafter referred to as Decree No. 205/2004/NĐ-CP), working at the Vietnam Maritime Search and Rescue Coordination Center and its subordinate units.

Article 3. Additional adjustment coefficient compared to the general minimum wage (Kdc)

1. The subjects specified in Article 2 of this Circular shall apply the additional adjustment coefficient compared to the general minimum wage (Kdc) as follows:

a) Kdc = 1.8 applies to public officials and employees working on maritime search and rescue vessels who have been assigned salaries according to Table B5, Group III and high-speed boat crew members assigned salaries according to Table B2 issued together with Decree No. 205/2004/NĐ-CP.

b) Kdc = 1.34 applies to civil servants, public officials, and employees working at the Vietnam Maritime Search and Rescue Coordination Center and its subordinate units (excluding the subjects specified in Point a Clause 1 of this Article).

2. The Kdc coefficient stipulated in Clause 1 of this Article shall be added to the 1.0 coefficient of the general minimum wage prescribed by the Government to calculate monthly wages according to rank and grade, and any wage allowances (if applicable). The formula is as follows:

Example 1. Mr. Nguyen Van A, Deputy Director, has been assigned a coefficient of 4.98 at Grade 9, Category A1 as stipulated in Table 3, Professional and Technical Wage Table for Cadres and Public Officials in State Units issued together with Decree No. 204/2004/NĐ-CP; the leadership position allowance coefficient is 0.3; the seniority allowance percentage exceeding the ceiling is 5%, falling under the application of the Kdc coefficient = 1.34. The general minimum wage at the time of May 2011 was 830,000 VND/month.

The monthly wage of Mr. A in May 2011 calculated according to his grade is:

830,000 VND x (1 + 1.34) x (4.98 + 0.3 + 4.98 x 0.05) = 10,738,424 VND.

3. Periods during which the additional adjustment coefficient compared to the general minimum wage (Kdc) shall not be applied include:

a) Time spent on domestic business trips or study that does not directly involve specialized maritime search and rescue work for one month or more continuously;

b) Time off for personal reasons without pay;

c) Time off due to illness or maternity leave covered by social insurance and time off exceeding the period prescribed by the Social Insurance Law;

d) Time when temporarily suspended from work;

đ) Time spent on overseas business trips, work, or study receiving 40% of the salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP.

Article 4. Subsidies for occupational benefits

1. Levels of subsidies:

a) The level of 50% shall apply to officials and workers working on specialized maritime search and rescue vessels classified under Pay Scale B5, Group III and high-speed marine search and rescue vessel crew members classified under Pay Scale B2 issued together with Decree No. 205/2004/NĐ-CP.

b) The level of 30% shall apply to civil servants and officials specified in Clause 2, Article 3 of Decision No. 141/2009/QĐ-TTg dated December 31, 2009 including:

Civil servants and officials engaged in command coordination work for maritime search and rescue operations: Commanding operational search and rescue duties, duty shifts for operational search and rescue at the Vietnam Maritime Search and Rescue Coordination Center and its subordinate units;

Civil servants and officials engaged in communication liaison duty shifts; organizing training for search and rescue operations and technical management of search and rescue equipment.

2. Calculation method:

Example 2. Mr. Nguyen Van A mentioned in Example 1 falls within the category eligible for a 30% occupational benefit subsidy rate. Mr. A's monthly occupational benefit subsidy amount in May 2011 is:

830,000 VND x (1 + 1.34) x (4.98 + 0.3 + 4.98 x 0.05) x 30% = 3,221,527 VND

3. Subjects specified in Clause 1 of this Article shall not be entitled to occupational benefit subsidies during the periods stipulated in Clause 3 of Article 3 of this Circular.

Article 5. Sources of funds and payment methods

1. The sources of funds for implementing the salary mechanism and occupational benefit subsidies prescribed in Decision No. 141/2009/QĐ-TTg of the Prime Minister shall be allocated in the annual budget of the Ministry of Transport according to the provisions of the State Budget Law. 2. Additional salaries and occupational benefit subsidies shall be paid monthly and directly to the beneficiaries.

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

Article 6. Effectiveness

2. The regulations stipulated in this Circular shall be implemented from January 1, 2010.

3. Abolish the responsibility job allowance for management officials in the field of search and rescue as stipulated in Section II of Circular No. 3200/BNV-TL dated November 2, 2005 of the Ministry of Home Affairs regarding allowances for workers engaged in search and rescue operations at sea.

4. The provisions on occupational benefit subsidies stipulated in Article 4 of this Circular replace the provisions in Clause 2 of Section I and Clause 2 of Section II of Joint Circular No. 14/2006/TTLT-BGTVT-BNV-BTC dated December 29, 2006 of the Ministry of Transport, the Ministry of Home Affairs, and the Ministry of Finance guiding the implementation of Decision No. 70/2006/QĐ-TTg dated March 29, 2006 of the Prime Minister on special allowances for sea service for civil servants, officials, workers, and employees on search and rescue vessels and Decision No. 179/2006/QĐ-TTg dated August 7, 2006 of the Prime Minister on occupational benefit allowances for maritime search and rescue forces.

During the implementation process, if there are any difficulties, units shall report to the Ministry of Transport for coordination with the Ministry of Home Affairs and the Ministry of Finance to study and resolve them./.

During the implementation process, if there are any difficulties, units shall report to the Ministry of Transport for coordination with the Ministry of Home Affairs and the Ministry of Finance to study and resolve them./.