Decree No. 76/2019/NĐ-CP on the system of policies for cadres, civil servants, public officials, workers, and armed forces working in areas with particularly difficult socio-economic conditions.

DECREE

On policies for cadres, civil servants, public officials, employees, and those receiving salaries in the armed forces working in areas with particularly difficult socio-economic conditions

 and those receiving salaries in the armed forces working in areas with particularly difficult socio-economic conditions

 in areas with particularly difficult socio-economic conditions 

___________

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Education Law dated November 25, 2009;

||| Based on the proposal of the Minister of Home Affairs;

The Government promulgates this Decree on policies for cadres, civil servants, public officials, employees, and those receiving salaries in the armed forces (People's Army, People's Public Security, and Cryptographic Services) working in areas with particularly difficult socio-economic conditions, including: Attraction allowances; long-term service allowances; initial subsidies; subsidies for purchasing and transporting clean water; one-time subsidies when transferring work outside areas with particularly difficult socio-economic conditions or upon retirement; reimbursement for transportation costs; subsidies for sightseeing, study, and professional training; job-specific preferential allowances; mobility allowances; and language teaching allowances for ethnic minority students for educators and educational management officials.

Article 1. Scope of Regulation

1. This Decree stipulates policies for cadres, civil servants, public officials, employees, and those receiving salaries in the armed forces (including cases of transfer, assignment, rotation, and regardless of local or non-local personnel) who have been assigned salaries according to the salary tables established by authorized agencies of the Party and State, currently working or transferring to work in areas with particularly difficult socio-economic conditions, including:

2. Areas with particularly difficult socio-economic conditions as specified in Clause 1 of this Article include:

a) Truong Sa, Hoang Sa, DK1 districts;

b) Communes in Zone III of ethnic minority and mountainous regions, and particularly difficult island communes as decided by

c) Particularly difficult hamlets, villages, neighborhoods, settlements, phums, socs, appers, etc. (collectively referred to as hamlets) as decided by

Article 2. Applicability

Cadres, civil servants, public officials, employees in agencies, organizations, units of the Party, State, political-social organizations from central to commune level (hereinafter referred to as commune level) and those receiving salaries in the armed forces (including cases of transfer, assignment, rotation, and regardless of local or non-local personnel) who have been assigned salaries according to the salary tables established by authorized agencies of the Party and State, currently working or transferring to work in areas with particularly difficult socio-economic conditions, including:

1. Cadres, civil servants, public officials (including probationary staff) in agencies, organizations, public service units of the Party, State, political-social organizations from central to commune level;

2. Employees under labor contracts in agencies, units of the Party, State, political-social organizations as stipulated in Decree No. 68/2000/ND-CP dated November 17, 2000 of the Government on implementing the labor contract system for certain types of work in administrative state agencies and public service units, and Decree No. 161/2018/ND-CP dated November 29, 2018 of the Government amending and supplementing certain provisions on recruitment of civil servants and public officials, promotion of civil servant ranks, upgrading of public official ranks, and implementation of the labor contract system for certain types of work in administrative state agencies and public service units of the State;

3. Officers, professional soldiers, workers, defense officials, and contractual employees receiving salaries from the State budget in the Vietnam People's Army;

4. Officers, non-commissioned officers receiving salaries, workers in public security, and contractual employees receiving salaries from the State budget in the Vietnam People's Public Security;

5. Personnel working in cryptographic organizations;

6. Personnel working within the staffing quota of associations supported by the State budget for operational expenses as stipulated in Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on organization, operation, and management of associations, and Decree No. 33/2012/ND-CP dated April 13, 2012 of the Government amending and supplementing certain provisions of Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on organization, operation, and management of associations.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

1. Cadres, civil servants, public officials, employees, and those receiving salaries in the armed forces falling under the application scope of policies stipulated in this Decree, while also falling under the application scope of similar policies stipulated in other regulatory legal documents, shall only be entitled to the highest level of such policy.

2. In cases of retirement, demobilization, discharge, resignation, or transfer out of areas with particularly difficult socio-economic conditions (or places of work determined by competent authorities to no longer be areas with particularly difficult socio-economic conditions), they shall cease to enjoy the allowances and subsidies stipulated in this Decree from the date of retirement, demobilization, discharge, resignation, or transfer out of areas with particularly difficult socio-economic conditions (or places of work determined by competent authorities to no longer be areas with particularly difficult socio-economic conditions), except as provided for in Article 8 of this Decree.

Article 4. Attraction Allowance

The subjects specified in Article 2 of this Decree shall be entitled to an attraction allowance equal to 70% of their current salary level (according to the salary table prescribed by the competent authority of the Party and State), plus leadership position allowance and seniority bonus exceeding the ceiling (if applicable), applied for the actual working time in areas with extremely difficult socio-economic conditions not exceeding five years (60 months).

Article 5. Long-term Service Allowance in Areas with Extremely Difficult Socio-Economic Conditions

The subjects specified in Article 2 of this Decree shall be entitled to a monthly allowance calculated based on the basic salary and the actual working time in areas with extremely difficult socio-economic conditions as follows:

1. A rate of 0.5 applies to those who have actually worked in areas with extremely difficult socio-economic conditions for at least five but less than ten years;

2. A rate of 0.7 applies to those who have actually worked in areas with extremely difficult socio-economic conditions for at least ten but less than fifteen years;

3. A rate of 1.0 applies to those who have actually worked in areas with extremely difficult socio-economic conditions for fifteen years or more.

Article 6. Initial Subsidy When Accepting Work in Areas with Extremely Difficult Socio-Economic Conditions

The subjects specified in Article 2 of this Decree, when accepting work for the first time in agencies, organizations, or units located in areas with extremely difficult socio-economic conditions, shall be entitled to the following initial subsidy:

1. An initial subsidy equivalent to ten months of the basic salary at the time of accepting work in areas with extremely difficult socio-economic conditions;

2. In cases where family members also accept work in areas with extremely difficult socio-economic conditions, in addition to the initial subsidy, they shall also be entitled to the following subsidies:

a) Travel expenses for family members traveling together, calculated based on the actual ticket prices or transportation costs of public transport means (railway, ship, bus) or reimbursed according to the quota based on the actual kilometers traveled multiplied by the standard fare of public transport means (train, ship, passenger car);

b) A subsidy of twelve months of the basic salary for the household;

3. The subsidies stipulated in Clause 1 and Clause 2 of this Article shall be paid immediately by the agency, organization, or unit in areas with extremely difficult socio-economic conditions upon acceptance of work by the entitled subject and shall only be implemented once during the total actual working time in such areas.

Article 7. Subsidy for Purchasing and Transporting Fresh and Clean Water

1. The subjects specified in Article 2 of this Decree, working in areas with extremely difficult socio-economic conditions that lack fresh and clean water seasonally, shall be entitled to a subsidy for purchasing and transporting fresh and clean water to meet daily living needs, after deducting the cost of fresh water included in the salary, as follows:

a) The basis for calculating the subsidy for purchasing and transporting fresh and clean water for one person includes:

Standard consumption rate: 6 cubic meters/person/month (a);

Actual number of months lacking fresh and clean water in one year (b);

Cost of purchasing and transporting one cubic meter of fresh and clean water to the place of residence and workplace of the entitled subject, as prescribed by the People's Committee of the province (c);

Price of fresh and clean water for calculating the cost of fresh and clean water included in the salary is the business price of one cubic meter of clean water prescribed by the competent authority at the local level (d).

b) Calculation Method:

The amount of subsidy received for one month is: a x (c - d).

The amount of subsidy received for one year is: a x (c - d) x b.

2. Seasonal water-scarce areas are regions where natural conditions do not provide fresh and clean water or provide insufficient amounts to meet daily living needs for at least one continuous month in a year.

3. The People's Committee of the province or centrally governed city shall determine seasonal water-scarce areas and submit them to the People's Council at the same level for decision on the duration and amount of subsidy for purchasing and transporting fresh and clean water suitable for specific conditions in water-scarce areas in the locality. For personnel receiving salaries in the Vietnam People's Army, the People's Public Security Force, and the Government Cryptographic Agency, implementation shall follow the regulations of the Minister of National Defense and the Minister of Public Security.

Article 8. One-time allowance when transferring work outside areas with extremely difficult socio-economic conditions or upon retirement

1. The subjects specified in Article 2 of this Decree who are currently working and have actually worked for at least ten years in areas with extremely difficult socio-economic conditions, when transferring work outside such areas or upon retirement (or where the place of work is decided by the competent authority to no longer be an area with extremely difficult socio-economic conditions), shall be entitled to a one-time allowance calculated based on the actual time spent working in areas with extremely difficult socio-economic conditions, paid by the agency, organization, or unit managing salaries before transferring work or upon retirement (or where the place of work is decided by the competent authority to no longer be an area with extremely difficult socio-economic conditions).

2. The amount of the one-time allowance is stipulated as follows: For each year of work in areas with extremely difficult socio-economic conditions, the allowance shall be equal to half (one-half) of the current monthly salary (according to the salary table prescribed by the competent authority of the Party and State) plus leadership position allowances and seniority allowances exceeding the standard framework (if applicable) at the time of transferring work outside areas with extremely difficult socio-economic conditions or upon retirement (or where the place of work is decided by the competent authority to no longer be an area with extremely difficult socio-economic conditions).

Article 9. Payment for transportation expenses

During the period of working in areas with extremely difficult socio-economic conditions, the subjects specified in Article 2 of this Decree, when taking annual leave, holiday leave, or personal leave, in addition to the salary stipulated by law, shall also be reimbursed for transportation expenses for visiting their families according to regulations.

Article 10. Allowance for sightseeing, study, and professional training

The subjects specified in Article 2 of this Decree shall enjoy allowances for sightseeing, study, and professional training as follows:

1. In cases where they are dispatched by agencies, organizations, or units with authority to attend training on professional skills, foreign languages, sightseeing, and experience exchange, they shall be supported with funds for purchasing study materials and fully reimbursed for tuition fees and travel expenses from their workplace to the training location.

2. In cases where they work in ethnic minority areas and self-study ethnic minority languages to serve assigned tasks, they shall be supported with funds for purchasing study materials and for self-study of ethnic minority languages equivalent to the support provided for regular school or class training.

Article 11. Preferential Allowance According to Profession

The preferential allowance according to profession is seventy percent (70%) of the current monthly salary (according to the salary table prescribed by the competent authority of the Party and State) plus leadership position allowances and seniority allowances exceeding the standard framework (if applicable), applied to the actual time spent working in areas with extremely difficult socio-economic conditions by the subjects specified in Article 2 of this Decree, including:

1. Civil servants, public officials, and workers who are teachers and educational management staff in educational institutions and vocational education institutions;

2. Civil servants, public officials, and workers directly engaged in medical work in state-owned healthcare facilities, including: Commune Health Stations; Health Stations of agencies and schools; Regional Multi-Disciplinary Clinics; Maternity Houses, Health Centers, Hospitals, and other healthcare facilities at the commune level and above;

3. Officers, professional military personnel, defense officials, and military medical staff directly engaged in medical work at combined military-civilian health stations.

Article 12. Allowance for mobility and allowance for teaching ethnic minority languages for teachers and education management officials working in areas with extremely difficult socio-economic conditions

1. Mobility allowance Teachers and education management officials who are responsible for literacy eradication and universal education and must frequently travel to villages shall be entitled to a mobility allowance at a rate of 0.2 compared to the base salary level.

2. Allowance for teaching ethnic minority languages Teachers and education management officials who teach ethnic minority languages shall be entitled to an allowance equal to 50% of their current salary (as stipulated in the salary table prescribed by the competent authority of the Party and State) plus leadership position allowance and seniority bonus outside the pay scale (if applicable).

Article 13. Actual working time in areas with extremely difficult socio-economic conditions as the basis for enjoying allowances and subsidies

1. Actual working time in areas with extremely difficult socio-economic conditions is the total time working and contributing to mandatory social insurance in such areas (if there are intermittent periods without receiving social insurance benefits, they will be accumulated), including:

a) Time working in agencies, organizations, and public service units of the Party, State, and political-social organizations;

b) Time working in the People's Army, Public Security Force, and telegraph services.

2. Calculation of actual working time in areas with extremely difficult socio-economic conditions is as follows:

a) Calculated by month: If the actual working time in areas with extremely difficult socio-economic conditions during the month accounts for 50% or more of the working hours according to the working schedule prescribed by the competent authority, then the entire month is counted; if it is less than 50%, then it is not counted; For teachers who achieve 50% or more of the monthly lecture quota, the entire month is counted; summer vacation time during which teachers receive salary according to the regulations of the competent authority is counted towards attracting allowance and professional preference allowance.

b) Calculated by year: Less than three months is not counted; From three months to six months inclusive, it is counted as half a year of work; More than six months is counted as one full year of work.

3. Time not eligible for allowances and subsidies as prescribed in this Decree includes:

a) Time on business trips, working, or studying outside areas with extremely difficult socio-economic conditions for one month or longer;

b) Continuous unpaid leave for one month or longer;

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

d) Time under suspension from duty, detention, or imprisonment.

Article 14. Budget preparation, implementation, and settlement

The budget preparation, implementation, and settlement of funds for implementing the allowance and subsidy system as prescribed in this Decree shall be carried out in accordance with the current provisions of the State Budget Law and guiding documents.

Article 15. Sources of funding and responsibility for payment

1. Funding sources:

a) For cadres, civil servants, and workers in agencies and organizations of the Party, State, and political-social organizations, and those receiving salaries in the armed forces, the funding for implementing the policies prescribed in this Decree shall be guaranteed from the state budget in accordance with the State Budget Law and guiding documents;

b) For civil servants, officials, and workers in public service units of the Party, State, and political-social organizations, the funding for implementing the policies prescribed in this Decree shall be guaranteed from the state budget and from the legitimate income of the public service unit (if any).

2. Responsibility for payment:

a) For attracting allowance; long-term service allowance in areas with extremely difficult socio-economic conditions; professional preference allowance; subsidy for purchasing and transporting clean water; reimbursement for transportation costs; subsidy for sightseeing, study, and professional training; mobility allowance and ethnic minority language teaching allowance for teachers and education management officials working in areas with extremely difficult socio-economic conditions, the entity responsible for paying the salary of the subject shall bear the cost;

b) For the initial subsidy upon taking up work in areas with extremely difficult socio-economic conditions, the agency, organization, or unit accepting the person taking up work shall bear the cost. In case of temporary assignment, the agency, organization, or unit assigning the temporary assignment shall bear the cost;

c) For a one-time subsidy when transferring work out of areas with extremely difficult socio-economic conditions or upon retirement (or the place of work is decided by the competent authority to no longer be an area with extremely difficult socio-economic conditions), the agency, organization, or unit paying the salary when the person transfers work or retires (or the place of work is decided by the competent authority to no longer be an area with extremely difficult socio-economic conditions) shall bear the cost.

Article 16. Effective Date

This Decree takes effect from January 1, 2019.

Decree No. 116/2010/NĐ-CP dated December 24, 2010 of the Government on policies for cadres, civil servants, officials, and personnel receiving salaries in the armed forces working in areas with extremely difficult socio-economic conditions and Decree No. 64/2009/NĐ-CP dated July 30, 2009 of the Government on policies for health officials working in areas with extremely difficult socio-economic conditions shall cease to be effective from the date this Decree takes effect.

3. Repeal Article 7, Article 8, Article 10, Article 11, Article 12, Article 13, and Article 14 of Decree No. 61/2006/NĐ-CP dated June 20, 2006 of the Government on policies for teachers and educational managers working at specialized schools and in areas with particularly difficult economic and social conditions, and Decree No. 19/2013/NĐ-CP dated February 23, 2013 of the Government amending and supplementing certain articles of Decree No. 61/2006/NĐ-CP dated June 20, 2006 of the Government on policies for teachers and educational managers working at specialized schools and in areas with particularly difficult economic and social conditions.

Article 17. Responsibility for Implementation

1. The Minister of Home Affairs shall organize the implementation and supervise the enforcement of the policies prescribed in this Decree;

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.