Circular No. 73/2010/TT-BQP guiding the determination of salary when upgrading, changing categories, or transferring groups for professional military personnel

CIRCULAR

Guidelines for determining pay grades when upgrading, transferring types, or transferring groups of professional military personnel

__________________________

 MINISTER OF NATIONAL DEFENSE

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for officials, civil servants, public employees, and armed forces;

Pursuant to Decision No. 257/2006/QĐ-TTg dated November 9, 2006 of the Prime Minister promulgating regulations on frequency band allocation for economic and social purposes, national defense, and security;

Pursuant to Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs guiding the determination of pay grades when upgrading ranks, transferring ranks, or transferring types of civil servants and public employees;

Considering the proposal of the Director of the Finance Department under the Ministry of National Defense,

CIRCULAR:

Article 1. Scope of Regulation

This Circular guides the determination of pay grades when authorized bodies decide to upgrade types, transfer types, or transfer groups of professional military personnel.

Article 2. Applicability

Professional military personnel who have been assigned pay grades according to the pay table for professional military personnel (Table 7 attached to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for officials, civil servants, public employees, and armed forces) currently serving in the Vietnam People's Army.

Article 3. Determining pay grades when upgrading or transferring types of professional military personnel

In cases where they have not yet received the seniority allowance exceeding the ceiling at the old type, the basis shall be the pay grade coefficient currently being enjoyed at the old type to determine the pay grade coefficient equal to or higher than the nearest one at the new type. The time of enjoying the pay grade at the new type shall be counted from the date the decision to upgrade or transfer types of professional military personnel becomes effective. The time for considering the next promotion at the new type shall be calculated as follows: If the difference between the pay grade coefficient determined at the new type and the pay grade coefficient currently being enjoyed at the old type is equal to or greater than the difference between the pay grade coefficients of two consecutive levels at the old type, it shall be counted from the date the decision to upgrade or transfer types of professional military personnel becomes effective; if it is less than the difference between the pay grade coefficients of two consecutive levels at the old type, it shall be counted from the date the pay grade coefficient currently being enjoyed at the old type is determined.

2. In cases where they are currently receiving the seniority allowance exceeding the ceiling at the old type:

a) If the total of the pay grade coefficient plus the seniority allowance exceeding the ceiling currently being enjoyed at the old type is equal to or lower than the pay grade coefficient at the highest level in the new type, then they shall be assigned the pay grade coefficient equal to or higher than the nearest one at the new type (in the corresponding group). The time of enjoying the pay grade at the new type and the time for considering the next promotion at the new type shall be counted from the date the decision to upgrade or transfer types of professional military personnel becomes effective.

b) If the total of the pay grade coefficient plus the seniority allowance exceeding the ceiling currently being enjoyed is higher than the pay grade coefficient at the highest level in the new type, then they shall be assigned the pay grade coefficient at the highest level in the new type and shall enjoy the retention differential coefficient equivalent to the total of the pay grade coefficient plus the seniority allowance exceeding the ceiling currently being enjoyed at the old type. The time of enjoying the pay grade at the new type (including the retention differential) and the time for considering the seniority allowance exceeding the ceiling at the new type shall be counted from the date the decision to upgrade or transfer types of professional military personnel becomes effective.

The retention differential coefficient at this point (rounded to two decimal places) shall be enjoyed throughout the period that the professional military personnel are assigned pay grades at the new type.

Example 1: Comrade A has been enjoying a 15% seniority allowance exceeding the ceiling in Group 1, Type of Initial Level Professional Military Personnel since August 10, 2008 (total pay grade coefficient is 6.27 including the pay grade coefficient of 5.45 plus 15% TNVK). On March 14, 2010, Comrade A meets the conditions and is decided by the competent authority to upgrade to the Intermediate Level Professional Military Personnel Type. Since the total pay grade coefficient of 6.27 currently being enjoyed is higher than the pay grade coefficient of 6.20 at the highest level in Group 1, Type of Intermediate Level Professional Military Personnel, Comrade A is assigned Group 1, Level 10 with a pay grade coefficient of 6.20 in the Intermediate Level Professional Military Personnel Type and enjoys an additional retention differential coefficient of 0.07 (6.27 - 6.20) starting from March 14, 2010. By March 14, 2013 (after three years), if Comrade A meets the conditions, he/she will be considered for a 5% seniority allowance exceeding the ceiling in Group 1, Type of Intermediate Level Professional Military Personnel and will continue to enjoy the retention differential coefficient of 0.07.

Article 4. Salary Classification when Transferring Professional Military Personnel Groups

1. In cases where the new group has a higher salary coefficient at the same grade compared to the old group (for example, transferring from Group 2 to Group 1 of the same type of Professional Military Personnel), the following shall be implemented:

a) If not yet receiving the seniority allowance exceeding the ceiling in the old group, then base on the current salary coefficient in the old group to classify into the nearest or higher salary coefficient in the new group. The time for receiving salary in the new group shall be calculated from the date the decision to transfer to the new group takes effect. The time for considering the next salary grade increase in the new group shall be calculated as follows: If the difference between the salary coefficient classified in the new group and the current salary coefficient in the old group is equal to or greater than the difference between two consecutive salary grades in the old group, it shall be calculated from the date the decision to transfer to the new group takes effect; if it is less than the difference between two consecutive salary grades in the old group, it shall be calculated from the date of classification of the current salary coefficient in the old group.

Example 2: Comrade B, since July 15, 2009, received Grade 4 salary, Group 2, Senior Professional Military Personnel category with a salary coefficient of 4.70; in March 2010, there was a decision to transfer to Group 1 of the Senior Professional Military Personnel category. Comrade B was classified to receive Grade 4 salary, Group 1 of the Senior Professional Military Personnel category with a salary coefficient of 4.90 starting from March 2010. Since the difference between the new salary coefficient and the old salary coefficient (4.90 - 4.70) is 0.20, which is lower than the difference between Grade 4 and Grade 5 salary coefficients in the old group (5.05 - 4.70) which is 0.35, the time for considering the next salary grade increase for Comrade B shall be calculated from July 2009.

b) If currently receiving the seniority allowance exceeding the ceiling, and the total of the salary coefficient plus the seniority allowance exceeding the ceiling in the old group is higher than the salary coefficient at the highest grade in the new group, then classify to receive the salary coefficient at the highest grade in the new group and additionally receive the retention differential coefficient to equal the total of the salary coefficient plus the seniority allowance exceeding the ceiling currently being received in the old group (if applicable). The time for receiving salary in the new group (including the retention differential) and the time for considering the seniority allowance exceeding the ceiling in the new group shall be calculated from the date the decision to transfer to the new group takes effect.

The retention differential coefficient at this point (rounded to two decimal places) shall be enjoyed throughout the period that the Professional Military Personnel is classified in the new group.

Example 3: Comrade B is currently receiving a 7% seniority allowance exceeding the ceiling in Group 2, Senior Professional Military Personnel category since August 10, 2008 (the total of the salary coefficient 7.50 plus 7% TNVK is 8.02) until March 10, 2010, Comrade B meets the conditions to be transferred to Group 1 of the Senior Professional Military Personnel category. Since the salary coefficient 8.02 currently being received in Group 2 is higher than the salary coefficient 7.70 at the highest grade in Group 1 of the Senior Professional Military Personnel category, Comrade B is classified to receive the salary coefficient 7.70 at Grade 12, Group 1 of the Senior Professional Military Personnel category and additionally receives the retention differential coefficient of 0.32 (8.02 - 7.70) starting from March 10, 2010.

2. In cases where the new group has a lower salary coefficient at the same grade compared to the old group (for example, transferring from Group 1 to Group 2 of the same type of Professional Military Personnel), then classify to the same grade salary currently being received in the old group to the new group and additionally receive the retention differential coefficient to equal the salary coefficient in the old group (including the seniority allowance exceeding the ceiling - if applicable). The time for receiving salary in the new group shall be calculated from the date the decision to transfer to the new group takes effect. The time for considering the next salary grade increase in the new group shall be calculated from the date of classification of the salary coefficient in the old group.

The retention differential coefficient at this point (rounded to two decimal places) shall be enjoyed throughout the period that the Professional Military Personnel is classified in the new group.

Example 4: Comrade C is a Professional Military Personnel of Intermediate level currently receiving Grade 8 salary, Group 1 with a salary coefficient of 5.60 since August 1, 2007. On April 1, 2010, Comrade C was transferred down to Group 2 (of the same type of Professional Military Personnel). Since the salary coefficient of Grade 8 in Group 2 is 5.30, which is lower than the salary coefficient of Grade 8 in Group 1 by 0.30 (= 5.60 - 5.30), Comrade C is classified to receive a salary coefficient of 5.3 and additionally receives the retention differential coefficient of 0.30 starting from April 1, 2010 (the date the decision to transfer to the group takes effect). On August 1, 2010, after three years, Comrade C meets the conditions and standards to consider the next salary grade increase in Group 2 (Grade 9, salary coefficient = 5.60) and continues to enjoy the retention differential coefficient of 0.30.

Article 5. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Point 2.1 and 2.3 Clause 2 Section II Circular No. 102/2005/TT-BQP dated July 22, 2005 of the Ministry of National Defense guiding supplementary implementation of the salary system for military personnel, defense workers, and civil servants receiving salaries or living expenses from state budget funds.

Article 6. Responsibility for Implementation

1. The authority to decide on salary classification when upgrading, changing types, or transferring groups for Professional Military Personnel shall be implemented according to the current classification.

2. Heads of agencies and units have the responsibility to implement and organize the execution of this Circular. During the implementation process, if there are difficulties, please report to the Ministry (through the Financial Department/MND) for research and resolution.