Joint Circular No. 54/1999/TTLT/BTCCBCP-BTC guides the adjustment of minimum wage levels, allowances, and living expenses for individuals receiving salaries, allowances, subsidies, and living expenses from state budget funds.

JOINT CIRCULAR

Guidelines for adjusting the minimum wage level, allowances, and living expenses for individuals receiving salaries, allowances, and living expenses from state budget funds

Pursuant to Clause 1, Article 2, Decree No. 175/1999/NĐ-CP dated December 15, 1999 of the Government on adjusting the minimum wage level, allowances, and living expenses for individuals receiving salaries, allowances, and living expenses from state budget funds, after considering the opinions of the Ministry of Labor - Invalids and Social Affairs in Circular No. 4483/LĐTBXH-TL dated December 28, 1999, and the Central Organization Committee in Circular No. 1368CV/TCTW dated December 27, 1999, the Joint Office of the Government's Organizational-Cadre Department and the Ministry of Finance hereby provide the following guidelines:

I. OBJECTS AND SCOPE OF APPLICATION

1. Administrative and public service officials in the administrative and public service sectors, including those recruited or contracted within the staffing quota and receiving salaries from the state budget who are currently working, studying, undergoing internships, medical treatment, or convalescence both domestically and abroad specifically include:

- Administrative and public service officials working in state management agencies from central to district levels and in public service organizations funded by the state budget;

- Officials within the staffing quota receiving salaries from the state budget working in Party and mass organizations from central to district levels;

- Officials dispatched to work at communes, wards, and towns;

- State officials dispatched or assigned to work at associations, projects, and international organizations located in Vietnam with salaries covered by the state budget.

2. Medical personnel in communes, wards, and towns receiving salaries according to Decision No. 58/TTg dated February 3, 1994 and Decision No. 131/TTg dated March 4, 1995 of the Prime Minister.

3. Commune, ward, and town officers (collectively referred to as commune officers) working under the provisions of Decree No. 09/1998/NĐ-CP dated January 23, 1998, Decree No. 40/1999/NĐ-CP dated June 23, 1999, and Decree No. 35/CP dated June 14, 1996 of the Government, and retired commune officers receiving monthly allowances according to Decision No. 130/CP dated June 20, 1975 and Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers (now the Government).

For commune officers who have retired and receive allowances paid by the social insurance fund, the guidelines shall be implemented according to the joint guidance of the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance.

4. Delegates of People's Councils at all levels receiving living expenses according to Clause 2, Article 48, of the Regulations on the operation of People's Councils at all levels issued together with Resolution No. 301 NQ/UBTVQH dated June 25, 1996 of the Standing Committee of the National Assembly.

II. METHODS FOR RECALCULATING SALARIES, ALLOWANCES, AND LIVING EXPENSES

The recalculations of salaries, allowances, and living expenses for the subjects mentioned in Section I are as follows:

1. For administrative and public service officials, Party, and mass organization officials.

Based on the salary coefficient and allowance levels currently enjoyed as stipulated in Resolution No. 35 NQ/UBTVQHK9 dated May 17, 1993 of the Standing Committee of the National Assembly, Decision No. 69/QĐTW dated May 17, 1993 of the Central Committee Secretariat, and Decree No. 25/CP dated May 23, 1993 of the Government, and the adjusted minimum wage level as provided in Clause 1, Article 1, Decree No. 175/1999/NĐ-CP dated December 15, 1999 of the Government, the recalculated salary and allowance levels are as follows:

a. Formula for recalculating the salary:

b. Formula for recalculating the allowance:

- For allowances calculated based on the minimum wage:

- For allowances calculated based on the salary grade, rank, and position (elected positions):

Special allowances for full-time positions in the Vietnam Veterans Association shall be calculated according to the current ratio with the equivalent salary level of the same-level mass organization.

c. Formula for recalculating the salary of the differential retention coefficient:

d. For allowances specified by a specific monetary amount, they remain unchanged according to the current regulations.

2. Living expenses for delegates of People's Councils at all levels and commune officers (collectively referred to as commune officers) who are currently working or have retired and receive allowances from the state budget are calculated as follows:

a. Living expenses for delegates of People's Councils at all levels.

Based on the current living expense coefficient for delegates of People's Councils at all levels as stipulated in Clause 2, Article 48, of the Regulations on the operation of People's Councils at all levels issued together with Resolution No. 301 NQ/UBTVQH dated June 25, 1996 of the Standing Committee of the National Assembly, the recalculated living expenses to be received from January 1, 2000, are calculated using the following formula:

b. Living expenses for commune officers currently working.

- For elected positions during the term and other positions in the People's Council at the commune level as stipulated in Decree No. 09/1998/NĐ-CP dated January 23, 1998 of the Government:

+ Secretary of the Communist Party Committee of the commune (Secretary of the branch committee where there is no Party Committee of the commune), from 270,000 VND/month to 337,500 VND/month;

+ Deputy Secretary of the Communist Party Committee of the commune, Chairman of the People's Council, Chairman of the People's Committee of the commune, from 260,000 VND/month to 325,000 VND/month;

+ Deputy Chairman of the People's Council of the commune, Deputy Chairman of the People's Committee of the commune, Secretary of the Communist Party Committee of the commune (where the Secretary or Deputy Secretary concurrently holds the position of Chairman or Deputy Chairman of the People's Council or Deputy Chairman of the People's Committee), Chairman of the People's Front, heads of various mass organizations in the commune (Women's Union, Farmers' Union, Vietnam Veterans Association, Ho Chi Minh Communist Youth Union), commander of the Military Command Post of the commune, head of the Public Security Station of the commune, from 240,000 VND/month to 300,000 VND/month;

+ Member of the People's Committee of the commune, from 230,000 VND/month to 287,500 VND/month;

+ Other positions in the People's Committee, from 210,000 VND/month to 262,500 VND/month.

- For elected positions and other positions in the People's Committee mentioned above when re-elected or continued in their posts (from the sixth year onwards) will enjoy a 5% allowance increase based on the adjusted living expenses as stipulated in this Circular.

- For professional staff.

For officials holding four specialized positions (judicial-civil registry, land administration, finance-accounting, office of the People's Committee at the commune level) who have been applying the living allowance rate according to the scale and grade stipulated in Decree No. 25/CP dated May 23, 1993 of the Government, the following formula for recalculating the living allowance shall be applied:

The increase in the living allowance corresponding to the grade and salary coefficient for these four specialized positions shall be implemented in accordance with the provisions of Point 1.2, Section 1, Part II, Circular Joint No. 99/1998/TTLT dated May 19, 1998 of the Government Organizational and Cadre Affairs Board - Ministry of Finance - Ministry of Labor, Invalids, and Social Affairs.

For officials without a professional qualification certificate issued by the State and not applying the living allowance rate according to the scale and grade of civil servants, the following formula for recalculating the living allowance shall be applied:

Officials in communes assigned multiple positions shall enjoy the living allowance and additional allowances (if any) of the position with the highest living allowance and additional allowances. When not concurrently holding positions, they shall enjoy the living allowance and additional allowances (if any) according to the position they hold.

c. The subsistence allowance for commune, ward, and town cadres who retired due to old age under Decision No. 130/CP dated June 20, 1975 and Decision No. 111/HĐBT dated October 13, 1981 of the Council of Ministers (now the Government) shall be covered by the state budget:

- The subsistence allowance for the former Secretary of the Party Committee and Chairman of the People's Committee of the commune, from 135,000 VND/month to 168,800 VND/month;

- The subsistence allowance for the former Deputy Secretary, Deputy Chairman, Permanent Member of the Party Committee, Member of the Secretariat of the People's Council, Secretary of the People's Council of the commune, Head of the Commune Militia, Chief of Public Security of the commune, from 130,000 VND/month to 162,500 VND/month;

- The subsistence allowance for other positions, from 120,000 VND/month to 150,000 VND/month.

3. For commune, ward, and town health workers receiving salaries under Decision No. 58/TTg dated February 3, 1994 and Decision No. 131/TTg dated March 4, 1995 of the Prime Minister, the adjustment of salary levels and additional allowances shall be carried out in accordance with the calculation method specified in Point 1, Part II of this Circular for administrative and public service officials and employees.

III. PROCEDURE FOR PREPARING REPORTS, REVIEWING AND ISSUING THE INCREASED FUNDS FOR SALARIES, ADDITIONAL ALLOWANCES, SUBSISTENCE ALLOWANCES AND ALLOWANCES IN 2000

1. Procedure for preparing reports, reviewing and issuing the increased funds for salaries, additional allowances, subsistence allowances and allowances in 2000.

To have a basis for reviewing the funds for salaries, additional allowances, subsistence allowances and allowances, based on the guidelines for the objects and the recalculation of salary levels, additional allowances, subsistence allowances and allowances as stated in Parts I and II of this Circular and the actual number of personnel present as of December 31, 1999, the Ministries, Agencies, and Central-level Organizations (hereinafter referred to as Ministries and Central-level Agencies), Provincial People's Committees, and Municipal People's Committees directly under the Central Government shall prepare reports requesting approval of the increased funds for salaries, additional allowances, subsistence allowances and allowances in 2000 as follows:

a. For administrative, public service units, Party organizations, and mass organizations.

The Ministries and Central-level Agencies, Provincial People's Committees, and Municipal People's Committees directly under the Central Government shall instruct subordinate units to prepare plans for the salary fund and additional allowance fund for the objects (including contractual laborers within the staffing quota) receiving salaries and additional allowances from the state budget and the need for increased salary funds in 2000 according to Model No. 1 attached to this Circular. Afterward, the Ministries and Central-level Agencies and Provincial People's Committees and Municipal People's Committees directly under the Central Government shall consolidate the results of their respective Ministries and Central-level Agencies and Provincial People's Committees and Municipal People's Committees (also consolidated according to Model No. 1) and send a letter to the Joint Ministries (one copy for each Ministry) requesting the increased funds for salaries, additional allowances, and subsistence allowances in 2000.

For the State Bank system, the Vietnam Social Insurance system, and the trade union system, the preparation of reports shall still follow this regulation, but the increased salary and additional allowance funds will be spent within the financial plan of the systems and will not be provided by the state budget.

b. For commune, ward, and town officials currently working and those who have retired and are receiving monthly subsistence allowances from the state budget (including commune, ward, and town health workers) and representatives of all levels of the People's Council.

The Provincial People's Committees and Municipal People's Committees directly under the Central Government shall instruct the Commune, Ward, and Town People's Committees, District, and City People's Committees to prepare plans for the subsistence allowance fund for representatives of all levels of the People's Council and commune, ward, and town officials currently working and receiving subsistence allowances according to Model No. 2a; the subsistence allowance fund for retired commune, ward, and town officials receiving monthly subsistence allowances according to Model No. 2b; and the salary fund for commune, ward, and town health workers receiving salaries according to Model No. 2c. Afterward, the Provincial People's Committees and Municipal People's Committees shall consolidate the results of their respective provinces and cities (also according to Models 2a, 2b, and 2c attached to this Circular) and send a letter to the Ministries (one copy for each Ministry) requesting approval of the increased funds in 2000.

2. Issuance of the increased funds for salaries, additional allowances, subsistence allowances and allowances in 2000.

In principle, the increased funds for salaries, additional allowances, subsistence allowances and allowances shall be arranged within the budget estimates of the respective levels of government, thus the increased funds for salaries, additional allowances, subsistence allowances and allowances after review for objects belonging to which level shall be guaranteed by that level's budget.

Specifically for 2000, since the increased funds for salaries, additional allowances, subsistence allowances and allowances have not yet been allocated by the budgets of the Central Ministries and Agencies and localities, it shall be implemented as follows:

- For units managed by the Central Government: the central budget will provide supplementary funding outside the 2000 budget allocation for the units to pay.

- For units managed by localities: the central budget will provide supplementary funding with specific targets for the local budget to pay the units.

b. In the short term, to ensure that the objects can promptly enjoy the adjusted salaries, additional allowances, subsistence allowances and allowances as guided by this Circular starting from January 2000, the Ministry of Finance will temporarily allocate the increased funds for salaries, additional allowances, subsistence allowances and allowances for the first quarter of 2000 for the Ministries, Agencies, and localities to implement.

From the second quarter of 2000 onwards, the Ministry of Finance will allocate additional salary funds, allowances, subsidies, and living expenses to central ministries, sectors, and localities only after the review results from the Joint Ministries have been obtained.

IV. IMPLEMENTATION

To strictly implement Decree No. 175/1999/NĐ-CP dated December 15, 1999 of the Government and the guidance provided in this Circular, the Joint Ministries request the Heads of Ministries, agencies at the level of ministries, government agencies, Chairmen of Provincial People's Committees under the Central Government to direct subordinate agencies and units to promptly carry out the following requirements:

1. In accordance with their functions and tasks as prescribed, at the ministry and sector levels, the central party and mass organizations' organizational cadres department (Department, Board, or Office) shall coordinate with the Party Committee and trade unions; at the provincial level, the Civil Service Organization Department shall coordinate with the Provincial Party Committee Organization Department, the Department of Finance and Prices, the Department of Labor, Invalids, and Social Affairs, and the provincial or city-level trade union to conduct inspections on the number of individuals receiving salaries, allowances, and living expenses from state budget funds up to December 31, 1999, and those receiving subsidies and living expenses according to government regulations, excluding cases where salaries, allowances, subsidies, and living expenses are not in compliance with regulations. Based on this, compile a comprehensive list of additional salary, allowance, subsidy, and living expense funds according to the guidance in this Circular, and submit it to the leadership of the Ministry, Board, sector, or Provincial People's Committee for a letter to be sent to the Joint Ministries no later than February 15, 2000, for the Joint Ministries to review and approve, serving as the basis for the Ministry of Finance to allocate additional funds from the second quarter of 2000.

The Ministers, Heads of agencies at the level of ministries, government agencies, Heads of central agencies, sectors, mass organizations, and Chairmen of Provincial People's Committees under the Central Government are responsible for closely monitoring and managing the number of positions, the number of individuals receiving subsidies and living expenses, and the additional salary, allowance, subsidy, and living expense funds as stipulated in this Circular.

2. When disbursing adjusted salaries, allowances, subsidies, and living expenses for the aforementioned individuals, social insurance and health insurance premiums must be immediately collected based on the recalculated salary, allowance, and living expense amounts according to the guidance in this Circular.

3. The Minister of the Government's Civil Service and Cadre Department decides to establish a Joint Ministries Working Group to assist the Joint Ministries of the Government's Civil Service and Cadre Department, the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and the Central Party Organization Department in inspecting staffing levels, individuals receiving salaries, allowances, subsidies, and living expenses from the state budget, reviewing additional salary, allowance, subsidy, and living expense funds for 2000 for central ministries and sectors, and provinces and centrally-administered cities.

This Circular takes effect from January 1, 2000.

For individuals who are war veterans and workers, officials in state-owned organizations, units, and enterprises not receiving salaries from state budget funds, follow the guidance of the Ministry of Labor, Invalids, and Social Affairs.

Any difficulties encountered during implementation should be reported to the Joint Ministries (with the Government's Civil Service and Cadre Department as the lead) for study and resolution.