Decree No. 57/2011/ND-CP on Subsidies for Official Duties

DECREE

On the system of job allowances

 __________

THE GOVERNMENT

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

Considering the proposals of the Minister of Home Affairs and the Minister of Finance,

DECREE:

Article 1. Scope of Regulation

This Decree stipulates the system of job allowances for cadres, civil servants, and persons receiving salaries or military rank allowances from the State budget working in agencies of the Communist Party of Vietnam, the State, political-social organizations at the central level, at provincial and centrally-administered city levels, at district and urban district levels, at commune and ward levels, and in the armed forces.

Article 2. Applicability

1. Cadres, civil servants, and persons receiving salaries or military rank allowances from the State budget as specified in Article 1 of this Decree include:

a) Cadres as defined in Clause 1, Article 4 of the Law on Cadres and Civil Servants;

b) Civil servants as defined in Clause 2, Article 4 of the Law on Cadres and Civil Servants and Articles 3, 4, 5, 6, 7, 8, 9, 10, and 12 of Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government regarding persons who are civil servants (excluding civil servants in the leadership and management bodies of public service units);

c) Cadres and civil servants at commune, ward, and town levels as defined in Clause 3, Article 4 of the Law on Cadres and Civil Servants and Article 3 of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the titles, number, and some systems and policies for cadres and civil servants at commune, ward, and town levels and non-professional workers at the grassroots level;

d) Persons working under labor contracts as defined in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the contract system for certain types of work in administrative agencies and public service units (excluding persons working in public service units);

đ) Officers, professional soldiers, non-commissioned officers, conscript soldiers, and defense workers, civil servants, and contractual workers belonging to the Vietnam People's Army;

e) Officers, professional soldiers, non-commissioned officers, and conscript soldiers serving on fixed-term contracts; police workers and contractual workers belonging to the Vietnam People's Public Security Force;

g) Personnel engaged in confidential work in confidential organizations.

The subjects specified in Clause 1 of this Article have been assigned salaries or military rank allowances according to the following documents:

a) Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the table of positions and position allowances for state leaders; the table of specialized and vocational salaries for the judiciary and prosecution sectors;

b) Resolution No. 1003/2006/NQ-UBTVQH11 dated March 3, 2006 of the Standing Committee of the National Assembly approving the table of salaries and position allowances for National Audit Office leaders; the table of salaries, allowances, uniforms for National Audit Office cadres and civil servants, and preferential treatment for state auditors;

c) Decision No. 128-QĐ/TW dated December 14, 2004 of the Politburo on the salary system for cadres, civil servants, and officials of the Party, the Front, and mass organizations;

d) Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, officials, and the armed forces;

đ) Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on titles, number, and some systems and policies for cadres and civil servants at commune, ward, and town levels and non-professional workers at the grassroots level.

Article 3. Level of duty allowance

The subjects specified in Article 2 of this Decree shall be entitled to a duty allowance equal to 10% of their current salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable) or military rank allowance.

Article 4. Principles of Application

1. The duty allowance shall be paid together with the monthly salary and shall not be used for calculating social insurance contributions or health insurance benefits.

2. Periods during which the duty allowance shall not be enjoyed include:

a) Time spent on overseas assignments, study, or work abroad at a rate of 40% of the salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, public officials, and armed forces personnel;

b) Continuous unpaid leave for one month or longer;

c) Time receiving social insurance benefits as prescribed by laws on social insurance;

d) Time when temporarily suspended from work or detained or imprisoned.

3. When ceasing to work in the agencies of the Communist Party of Vietnam, State bodies, political-social organizations, and armed forces, the duty allowance shall cease from the following month.

4. Those entitled to occupation-based preferential allowances, occupational responsibility allowances, or special allowances as prescribed by the Government,

Article 5. Source of Funds

The funding for the duty allowance regime prescribed in this Decree shall be guaranteed from the State budget and other legitimate financial sources of the agency or unit.

Article 6. Effectiveness

1. This Decree takes effect from September 1, 2011.

2. The regime prescribed in this Decree shall be calculated from May 1, 2011.

Article 7. Responsibilities for Guidance and Implementation

1. The Ministry of Finance shall be responsible for guiding the implementation of the funding for the duty allowance regime prescribed in this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.