Circular No. 57/2014/TT-BTC amending and supplementing certain provisions of Circular No. 141/2011/TT-BTC on the payment regime for annual leave for officials, civil servants, contractual employees working in state agencies and public institutions.

CIRCULAR

Amending and supplementing certain articles of Circular No. 141/2011/TT-BTC

stipulating on the payment regime for annual leave for

civil servants, public officials,

the Ministry of Public Security; contractual employees working in state agencies and public service units

______________________

Pursuant to the Labor Code No. 10/2012/QH13 dated June 18, 2012;

Pursuant to Decree No. 45/2013/NĐ-CP dated May 10, 2013 of the Government detailing some provisions of the Labor Code on working hours, rest time, occupational safety, and labor hygiene;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Administrative and Public Service Financial Department;

The Minister of Finance hereby promulgates this Circular amending and supplementing certain articles of Circular No. 141/2011/TT-BTC dated October 20, 2011 on the payment regime for annual leave for civil servants, contractual employees working in state agencies and public service units (hereinafter referred to as Circular No. 141/2011/TT-BTC) as follows:

Article 1. Amending and supplementing certain articles of Circular No. 141/2011/TT-BTC as follows:

1. Amending point a Clause 1 Article 2 as follows:

“a) Civil servants from lowland areas working in highland, deep interior, remote, border, and island regions with a regional allowance coefficient of 0.5 or higher (as provided for in Joint Circular No. 11/2005/TTLT-BNV-BLĐTBXH-BTC-UBDT dated January 5, 2005 of the Ministry of Home Affairs, Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, and the National Ethnic Minorities Committee) and people from highland, deep interior, remote, border, and island regions with a regional allowance coefficient of 0.5 or higher working in lowland areas who meet the conditions for annual leave under the Labor Code shall be granted permission by the head of the agency or unit to take annual leave to visit their families, parents, spouse, children, or hometown.”

2. Amending point a Clause 2 Article 2 as follows:

“a) Cases for payment of wages for days not taken as leave shall be implemented according to the provisions of Article 114 of the Labor Code No. 10/2012/QH13 dated June 18, 2012.”

3. Amending sub-item b Point 2.1 Clause 2 Article 4 as follows:

“b) Civil servants may negotiate with the head of the agency or unit to take leave in a lump sum every three years and only be paid once for annual leave according to the provisions of Article 4 of this Circular.”

5. Supplement Point d of Clause 1 of Article 5 as follows:

“a) Cases as prescribed in Article 114 of the Labor Code No. 10/2012/QH13 dated June 18, 2012:

Based on the recruitment decision, labor contract, and confirmation document from the agency or unit regarding the termination of employment or loss of employment of civil servants.”

5. Amending the title of point a Clause 2 Article 5 as follows:

“a) Cases as prescribed in Article 114 of the Labor Code No. 10/2012/QH13 dated June 18, 2012.”

6. Supplementing Clause 4 Article 6 as follows:

“4. During the implementation, if the referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the new documents.”

Article 2. Effective Date.

This Circular takes effect from July 1, 2014.

Other provisions of Circular No. 141/2011/TT-BTC dated October 20, 2011 on the payment regime for annual leave for civil servants, contractual employees working in state agencies and public service units remain effective.

In the course of implementation, if any difficulties arise, please promptly report to the Ministry of Finance for research and guidance on implementation./.