Decree No. 76/2009/ND-CP on Amending and Supplementing Certain Provisions of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on the Salary System for Cadres, Civil Servants, Public Officials, and Armed Forces Personnel

DECREE

Regarding amendments and supplements to certain articles of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public officials, and armed forces personnel

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THE GOVERNMENT

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

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Considering the proposal of the Minister of Interior and the Minister of Finance,

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP dated December 14, 2004 on the salary system for cadres, civil servants, public officials, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/NĐ-CP) as follows:

1. Amending and supplementing Point b Clause 1 Article 6 as follows:

"b) The subjects specified in points a (a1 and a2) of Clause 1 of this Article, if they fail to complete their assigned tasks annually or are disciplined with one of the forms of reprimand, warning, demotion, or dismissal, shall have their time for enjoying seniority allowance beyond the standard extended as follows:

- In case of failure to complete the assigned tasks or being disciplined with reprimand or warning, the extension period shall be six months more than the prescribed time;

- In case of being disciplined with demotion or dismissal, the extension period shall be twelve months more than the prescribed time."

2. Amend and supplement Point a of Clause 8 of Article 6 as follows:

"a) Seniority allowance for profession:

Applies to officers and professional military personnel under the People's Army, officers and non-commissioned officers receiving salaries under the Public Security Force, personnel working in confidential organizations, and cadres and civil servants who have been classified according to specialized ranks or positions such as customs, courts, prosecution, auditing, inspection, civil execution, and forestry protection.

The amount of the allowance is as follows: after five years (sixty months) of service or continuous work in the confidential sector, customs, courts, prosecution, auditing, inspection, civil execution, and forestry protection, they will enjoy a seniority allowance equal to 5% of the current salary plus leadership position allowance and seniority allowance beyond the standard (if applicable); from the sixth year onwards, each additional year adds 1%."

3. Amend and supplement Point c of Clause 1 of Article 7 as follows:

"c) The subjects specified in Points a and b of Clause 1 of this Article, if they fail to complete their assigned tasks annually or are disciplined with one of the forms of reprimand, warning, demotion, or dismissal, shall have their time for regular pay grade promotion extended as follows:

- In case of failure to complete the assigned tasks or being disciplined with reprimand or warning, the extension period shall be six months more than the prescribed time;

- In case of being disciplined with demotion or dismissal, the extension period shall be twelve months more than the prescribed time."

4. Amend and supplement the items in the table of leadership position allowances (elected, appointed) in state agencies, state-owned units, and units under the People's Army and Public Security Force as stipulated in Decree No. 204/2004/NĐ-CP as follows:

a) Supplement the coefficient of leadership position allowance for leadership positions under the People's Committee of a provincial city classified as a first-class urban area in Clause 9 Item I:

b) Supplement the coefficient of leadership position allowance for leadership positions in the Civil Execution Agency of a provincial city classified as a first-class urban area in Point 10.2 Clause 10 Item I:

c) Supplement the coefficient of leadership position allowance for leadership positions in the Inspection Agency of a provincial city classified as a first-class urban area in Point 11.4 Clause 11 Item I:

d) Amend the coefficient of leadership position allowance for the position of Military Region Commander in Item II of the table of leadership position allowances for the People's Army and Public Security Force from 1.20 currently to 1.25.

đ) Supplement the note in Item II of the table of leadership position allowances for the People's Army and Public Security Force as follows:

"The coefficient of leadership position allowance for the position of Political Commissar (political instructor) at all levels in the People's Army is equivalent to the coefficient of leadership position allowance for the head of the agency or unit at the same level in the People's Army of Vietnam."

Article 2. Effectiveness and Implementation Guidance

1. This Decree takes effect from November 1, 2009.

2. The seniority allowance for profession for cadres and civil servants who have been classified according to specialized ranks or positions such as courts, prosecution, auditing, inspection, civil execution, and forestry protection as stipulated in Clause 2 of Article 1 of this Decree shall be enjoyed from January 1, 2009.

The Ministry of Interior shall take the lead and coordinate with the Ministry of Finance to guide the implementation of the seniority allowance for profession for cadres and civil servants who have been classified according to specialized ranks or positions such as courts, prosecution, auditing, inspection, civil execution, and forestry protection.

3. The provisions regarding the extension of the time for enjoying seniority allowance beyond the standard and regular pay grade promotion stipulated in Clause 1 and Clause 3 of Article 1 of this Decree shall take effect from January 1, 2010. During the period from the date this Decree takes effect until before January 1, 2010, the extension of the time for enjoying seniority allowance beyond the standard and regular pay grade promotion shall be implemented according to the provisions of Decree No. 204/2004/NĐ-CP.

Article 3. Responsibility for Implementation

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 implementing this Decree.