Circular No. 65/2014/TT-BQP guiding the implementation of the regular promotion pay scale and early promotion pay scale for professional military personnel and defense civil servants receiving salaries from the state budget under the Ministry of National Defense.

CIRCULAR

Guidelines for implementing the regular promotion system and early promotion

 of salary grades for professional military personnel  and civil servants

 in national defense receiving salaries from

the state budget under the Ministry of National Defense

__________________

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the Salary System for Civil Servants, Public Officials, and Military Personnel;

Pursuant to Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government amending and supplementing certain articles 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;

Pursuant to Decree No. 14/2012/NĐ-CP dated March 7, 2012 of the Government amending and supplementing certain articles 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;

Pursuant to Decree No. 17/2013/NĐ-CP dated February 19, 2013 of the Government amending and supplementing certain articles 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;

Considering the proposal of the Director of the Finance Department;

The Minister of National Defense issues guidelines for implementing the regular promotion system and early promotion of salary grades for professional military personnel and non-military personnel working in confidential services (hereinafter referred to as professional military personnel) who are currently receiving wages according to the QNCN pay scale or the confidential technical pay scale; and civil servants in national defense and other personnel working in confidential organizations (hereinafter referred to as civil servants in national defense) who are currently receiving wages according to the specialized, vocational, administrative, and service pay scales issued together with 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 (hereinafter referred to as Decree No. 204/2004/NĐ-CP).

Article 1. Scope of Regulation and Applicability

1. Scope of regulation, applicable subjects:

These Circulars provide guidelines for implementing the regular promotion system and early promotion of salary grades for professional military personnel and non-police personnel engaged in confidential work (hereinafter referred to as professional military personnel) who are currently receiving wages according to the QNCN pay scale or the confidential technical pay scale; and civil servants in national defense and other personnel working in confidential organizations (hereinafter referred to as civil servants in national defense) who are currently receiving wages according to the specialized, vocational, administrative, and service pay scales issued together with 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 (hereinafter referred to as Decree No. 204/2004/NĐ-CP).

2. Non-applicable Subjects:

The regular promotion system and early promotion of salary grades stipulated in these Circulars shall not apply to professional military personnel who have been decided to leave active service or have already received the highest grade in their group under the professional military personnel pay scale; and civil servants in national defense who have been decided to leave their positions or have already received the highest grade in their rank under the specialized, vocational, administrative, and service pay scales issued together with Decree No. 204/2004/NĐ-CP.

Article 2. Regular Salary Increment System

Subjects specified in Clause 1, Article 1 of these Circulars, if they have not yet reached the highest grade in their group or rank, may be considered for a regular promotion when they meet the conditions and criteria throughout the time they hold their current grade.

1. Conditions for Regular Promotion

a) Time holding the current grade to be eligible for regular promotion:

- Professional military personnel promoted to the rank of Sub-Lieutenant or below; and civil servants in national defense who have not yet reached the highest grade in their rank under Group B and Group C of Table 2, Table 3, and the Administrative and Service Pay Scale for staff in state agencies and public institutions (Table 4) stipulated in Decree No. 204/2004/NĐ-CP, will be eligible for a grade promotion after two years (24 months) of holding their current grade in their group or rank.

- Professional military personnel promoted to the rank of Lieutenant or above, who have not yet reached the highest grade in their group under the professional military personnel pay scale of the People's Army (Table 7); and civil servants in national defense who have not yet reached the highest grade in their rank under Group A0 to Group A3 of Table 2, Table 3 stipulated in Decree No. 204/2004/NĐ-CP, will be eligible for a grade promotion after three years (36 months) of holding their current grade in their group or rank.

b) Cases included in the time for regular salary increment consideration include:

- Time off work with full pay as prescribed by law;

- Time off work for maternity leave as prescribed by social insurance laws;

- Time off work due to illness, workplace accidents, occupational diseases, and cumulative sick leave up to six months (during the period of holding the grade) as prescribed by social insurance laws;

- Time assigned by competent authorities to study, intern, or work domestically or abroad (including time spent accompanying spouses as prescribed by the Government) but still on the payroll of the agency or unit.

c) Time not included in the time for regular salary increment consideration includes:

 - Time off for personal reasons without pay;

- Time spent studying, interning, or working domestically or abroad beyond the period determined by the competent authority;

 - Time suspended from duty, detained, or imprisoned and time not working outside the provisions of Point b, Clause 1, Article 1 of this Circular.

The total time not counted towards regular promotion eligibility as stipulated in this point shall be rounded up to the nearest month.

2. Criteria for Regular Promotion

Subjects specified in Clause 1, Article 1 of these Circulars, who have met the time holding the current grade in their group or rank stipulated in Clause 1 of this Article, and have been evaluated as meeting the following two criteria throughout the time they hold their current grade, shall be eligible for a regular promotion:

a) Evaluated by competent authorities as having completed their tasks at a satisfactory level or higher;

b) Not violating discipline in any of the forms of reprimand, warning, demotion, dismissal, reduction in grade, demotion in military rank, or revocation of military status.

3. Extension of Time for Regular Promotion Consideration

Throughout the time holding the current grade, if the subjects specified in Clause 1, Article 1 of these Circulars have been notified or decided in writing by competent authorities that they have failed to complete their annual tasks or have been disciplined in any of the forms of reprimand, warning, demotion, dismissal, reduction in grade, demotion in military rank, or revocation of military status, then the time for regular promotion consideration shall be extended compared to the time stipulated in Point a, Clause 1, Article 1 of this Circular as follows:

a) Extended by 12 months (one year) for cases where disciplinary measures include demotion, dismissal, reduction in grade, demotion in military rank, or revocation of military status;

b) Extended by six months for cases where disciplinary measures include reprimand or warning.

c) If the annual assigned tasks are not completed, then for each year that the tasks are not completed, the period to extend the regular pay grade increase will be extended by six (6) months;

d) In cases where both the assigned tasks are not completed and disciplinary actions are taken, the total time for extending the regular pay grade increase shall be the sum of the extension periods specified in Points a, b, and c of this Clause.

4. In cases where there is a decision from the competent authority determining that the person was wrongfully suspended from work, detained, arrested, or disciplined (reprimanded, warned, demoted, dismissed, reduced in rank, stripped of military title) and later found to be innocent or wrongly accused, the time spent in these conditions shall be recalculated for regular pay grade increases, backpay, and social insurance contributions according to the recalculated pay grades.

Article 3. Early Regular Salary Increment System

1. Early Regular Salary Increment System for outstanding achievements in performing duties:

a) Conditions and criteria for early pay grade increase

The subjects specified in Clause 1, Article 1 of this Circular meet the criteria set out in Clause 2, Article 2 of this Circular and achieve outstanding results in performing their duties (awarded the title of Model Soldier at the grassroots level or higher) which have been officially recognized in writing by the competent authority, if they have not yet reached the highest pay grade within their group or position and still lack less than twelve (12) months to qualify for a regular pay grade increase as of December 31 of the year under consideration, they may be eligible for an early pay grade increase up to twelve (12) months ahead of schedule compared to the time stipulated in Point a, Clause 1, Article 2 of this Circular.

b) Proportion of early pay grade increases;

- The proportion of professional military personnel, defense civil servants, and contractual workers who are eligible for early pay grade increases due to outstanding performance in their duties in one year shall not exceed ten percent (10%) of the total number of such personnel in the payroll of the agency or unit as of December 31 of the year under consideration (excluding those specified in Clause 2 of this Article).

- The eligibility for early pay grade increases shall be based on the highest achievement of the subject; if the highest achievements are equal, other achievements shall be considered; in cases where multiple individuals have the same achievements, priority shall be given according to the early pay grade increase regulations of the agency or unit.

c) Number of times eligible for early pay grade increases due to outstanding performance in duties:

It is not allowed to grant two consecutive early pay grade increases due to outstanding performance in the same group or position.

Example 1: Comrade Tran Van A, a professional military officer with the rank of Major, received an early pay grade increase due to outstanding performance in duties from Pay Grade 3 with a salary coefficient of 4.55 in Group 1 Category QNCN Senior to Pay Grade 4 with a salary coefficient of 4.90 in Group 1 Category QNCN Senior effective July 15, 2010. For two consecutive years, 2010-2011, Comrade A performed excellently and was awarded the title of Model Soldier at the grassroots level. According to the regulations, it is not allowed to grant two consecutive early pay grade increases due to outstanding performance, so Comrade A can only be considered for a regular pay grade increase from Pay Grade 4 to Pay Grade 5 in Group 1 Category QNCN Senior effective July 15, 2013. By July 15, 2015 (after holding Pay Grade 5 for 24 months), if Comrade A meets the conditions for an early pay grade increase due to outstanding performance, his achievements from July 16, 2010 to July 15, 2015 will be considered for an early pay grade increase.

Example 2: Comrade Nguyen Thi B, a defense civil servant, received an early pay grade increase due to outstanding performance in duties from Pay Grade 2 with a salary coefficient of 2.06 in Position B to Pay Grade 3 with a salary coefficient of 2.26 in Position B effective December 15, 2012. On December 22, 2013, Comrade B was awarded a Commendation Certificate by the Prime Minister for outstanding work performance during the period 2007-2012 (this achievement of Comrade A, signed after December 15, 2012, will be considered for future early pay grade increases). However, according to the regulations, it is not allowed to grant two consecutive early pay grade increases due to outstanding performance, so Comrade B can only be considered for a regular pay grade increase from Pay Grade 3 to Pay Grade 4 in Position B effective December 15, 2014. By December 15, 2015 (after holding Position B for 12 months), if Comrade B meets the conditions for an early pay grade increase due to outstanding performance, her achievements from December 12, 2012 to December 15, 2015 will be considered for an early pay grade increase. 2. Early pay grade increase system for subjects specified in Clause 1, Article 1 of this Circular who have decided to retire:

Subjects specified in Clause 1, Article 1 of this Circular who have decided to retire, if they have held their current pay grade for the required duration and have not yet reached the highest pay grade within their group or position, and from the date of retirement preparation decision until the actual retirement date, they may be eligible for an early pay grade increase of twelve (12) months ahead of schedule compared to the time stipulated in Point a, Clause 1, Article 2 of this Circular.

3. In cases where the subject is eligible for an early pay grade increase due to outstanding performance in duties and also falls under the category eligible for an early pay grade increase upon notification of retirement, they may choose one of the two early pay grade increase systems specified in Clauses 1 and 2 of this Article.

1. Commanders and leaders of agencies and units shall base on this Circular to establish regulations for early pay grade increases due to outstanding performance in duties for their agencies and units. They shall consider and decide or propose to the competent authority to decide according to the current classification levels the regular pay grade increases and early pay grade increases for subjects listed in the payroll under their management.

Article 4. Organization of Implementation

Annually in the fourth quarter, they shall submit a report to the direct superior management agency on the implementation status and any difficulties encountered in implementing the regular pay grade increase and early pay grade increase systems for subjects under their management.

On a regular basis in the fourth quarter of each year, submit a report to the immediate superior supervisory authority on the situation and difficulties encountered in implementing the regular promotion pay grade system and early promotion pay grade for subjects under management.

2. The Military Personnel Department-BTTM shall take the lead in coordinating with the Cadre Department-TCCT and the Finance Department-BQP to inspect the implementation of the regular promotion pay system and the early promotion pay system for agencies and units.

3. The Director of Social Insurance of the Ministry of National Defense shall collect social insurance and calculate social insurance benefits for the subjects according to the regular promotion pay system and the early promotion pay system stipulated in this Circular. If any irregularities in the regular promotion pay and the early promotion pay systems are detected, the Director of Social Insurance of the Ministry of National Defense shall issue a document requesting the authorized authority managing the subject to re-implement according to the prescribed regulations, and then proceed to resolve social insurance benefits for the entitled subject (simultaneously sending one copy to the Minister of National Defense for guidance).

Article 5. Effective Date

This Circular takes effect from July 28, 2014, and abolishes Circular No. 07/2005/TT-BQP dated January 5, 2005, guiding the promotion pay system for professional military personnel and civil servants in national defense receiving salaries from state budget funds, and Clause 1, Section II of Circular No. 102/2005/TT-BQP dated July 22, 2005, of the Ministry of National Defense guiding the supplementary implementation of salary systems for military personnel, civil servants, and workers in national defense receiving salaries or living expenses from state budget funds. In the course of implementation, if there are any difficulties, agencies and units shall report them to the Ministry (through the Departments of Finance, Military Personnel, and Cadres) for examination and resolution.

In the course of implementation, if there are any difficulties, agencies and units shall report them to the Ministry (through the Departments of Finance, Military Personnel, and Cadres) for examination and resolution./.