Circular No. 77/2016/TT-BQP guides the implementation of the basic salary level for individuals receiving salaries or military rank allowances from the state budget in agencies and units under the Ministry of National Defense.

CIRCULAR

Guidelines for implementing the basic salary level for subjects

receiving salaries or military rank allowances from the state budget

in agencies and units under the Ministry of National Defense

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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. 47/2016/NĐ-CP dated May 26, 2016 of the Government stipulating the base salary for officials, civil servants, public employees, and armed forces personnel;

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.

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

The Minister of National Defense issues this Circular guiding the implementation of the base salary for individuals currently receiving salaries or rank allowances from the state budget within agencies and units under the Ministry of National Defense.

Article 1. Scope of Regulation

1. Officers, professional soldiers, non-commissioned officers, privates, defense workers, defense officials, and defense civil servants.

Article 2. Applicability

1. Officers, professional soldiers, non-commissioned officers, privates, workers, and defense public servants.

2. Individuals engaged in confidential work who are not military personnel or People's Public Security personnel; individuals working in other positions within confidential organizations and students in confidential training programs (hereinafter referred to as confidential students).

3. Individuals working under labor contracts with classified salaries based on Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government regarding salary systems for officials, civil servants, public employees, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/NĐ-CP).

1. Basic Salary Level: 1,800,000 VND/month.

The salary, rank allowance (including any differential retention coefficient, if applicable), and allowances of the subjects specified in Article 2 of this Circular shall be calculated as follows from May 1, 2016:

1. Formula for calculating the base salary and rank allowance

a) Formula for calculating the base salary

Base salary implemented from May 1, 2016 = Base salary of 1,210,000 VND/month x Current salary coefficient

b) Formula for calculating the rank allowance for non-commissioned officers, soldiers, and confidential students

Rank allowance implemented from May 1, 2016 = Base salary of 1,210,000 VND/month x Current rank allowance coefficient

2. Formula for calculating the amount of the differential retention coefficient (if applicable)

Amount of the differential retention coefficient implemented from May 1, 2016 = Base salary of 1,210,000 VND/month x Current differential retention coefficient (if applicable)

3. Formula for calculating the allowance based on the base salary

a) For allowances calculated based on the base salary

- For those receiving salaries

Allowance implemented from May 1, 2016 = Base salary of 1,210,000 VND/month x Coefficient of the allowance received according to regulations

- For non-commissioned officers, soldiers, and military clerical trainees

Allowance implemented from May 1, 2016 = Rank allowance for second-grade soldier, calculated based on the base salary of 1,210,000 VND/month x Coefficient of the allowance received according to regulations

b) Allowances calculated based on percentage

- For those receiving salaries

Allowance implemented from May 1, 2016 = Implemented base salary from May 1, 2016 + Implemented leadership position allowance from May 1, 2016 + Implemented seniority allowance exceeding the framework from May 1, 2016 x Percentage of the allowance received according to regulations

- For non-commissioned officers, soldiers, and military clerical trainees

Allowance implemented from May 1, 2016 = Current rank allowance, plus leadership position allowance (if any) calculated based on the base salary of 1,210,000 VND/month x Percentage of the allowance received according to regulations

4. Formula for calculating allowances based on the base salary

Allowance implemented from May 1, 2016 = Base salary of 1,210,000 VND/month x Number of months entitled to allowance according to regulations

5. Allowances and subsidies specified by specific monetary amounts remain unchanged according to current regulations.

6. The salaries, position allowances, and rank allowances of officers, individuals receiving rank allowances in confidential positions, professional military personnel, individuals receiving technical rank allowances in confidential positions, non-commissioned officers, soldiers, and confidential students shall be calculated according to the formulas prescribed in Clause 1, Clause 2, and Clause 3 of this Article. The Salary Scale, Promotion, and Allowance List is specified in Appendix 1 attached to this Circular.

For workers and defense civil servants, individuals engaged in other positions within confidential organizations, and individuals working under labor contracts with classified salaries as stipulated in Decree No. 204/2004/NĐ-CP, the calculation methods for salaries, allowances, and the amount of the differential retention coefficient (if applicable) shall be applied according to Point a of Clause 1, Clause 2, and Clause 3 of this Article or implemented according to the Circular guiding the implementation of the base salary issued by the Ministry of Home Affairs.

Article 4. Organization of Implementation

1. Based on the guidance provided in this Circular, agencies and units shall prepare lists for disbursing salaries and allowances to eligible recipients.

In cases where individuals specified in Clause 1 and Clause 2 of Article 2 of this Circular have been transferred to another agency or unit before this Circular takes effect, the receiving agency or unit shall base on the financial introduction letter or the stop payment letter from the previous unit, prepare a list to disburse the difference according to regulations from May 1, 2016.Financial Introduction Letter"or"Stop Payment Letter of the old unit, establish a list to distribute the difference according to the regulations from May 1, 2016.

2. Enterprises, self-financing public institutions, and production, business, and service establishments applying the wage scale and allowance system prescribed by the State in Decrees No. 204/2004/NĐ-CP and No. 205/2004/NĐ-CP dated December 14, 2004 of the Government regarding the wage scale and allowance system in state-owned companies, shall apply the base salary stipulated in Article 3 of Decree No. 47/2016/NĐ-CP dated May 26, 2016 of the Government regarding the base salary for officials, civil servants, public employees, and armed forces personnel, to calculate wages within the wage scale and allowance system as the basis for calculating contributions and benefits under social insurance, health insurance, and other labor laws for eligible recipients.

3. When disbursing salaries to eligible recipients, agencies, units, and enterprises must calculate the amounts due according to current laws (compulsory social insurance, health insurance, unemployment insurance, and personal income tax - if applicable). They must submit reports as specified in Appendix 2 attached to this Circular to the Ministry of National Defense (through the Finance Department of the Ministry of National Defense) before June 30, 2016.

Article 5. Effective Date

1. This Circular takes effect from July 25, 2016, replacing Circular No. 129/2013/TT-BQP dated July 18, 2013 of the Minister of National Defense guiding the implementation of the base salary for individuals currently receiving salaries or rank allowances from the state budget within agencies and units under the Ministry of National Defense.

2. The provisions of this Circular shall be implemented from May 1, 2016.

3. For defense workers and civil servants, persons engaged in other work in confidential organizations, and those working under labor contracts with classified salaries pursuant to Decree No. 204/2004/ND-CP currently receiving salaries from the state budget under the Ministry of National Defense, with salary coefficients of 2.34 or lower who have already received additional salary stipulated in Decree No. 17/2015/ND-CP dated February 14, 2015 of the Government regarding additional salary for officials, workers, civil servants, and personnel in armed forces with salary coefficients of 2.34 or lower (hereinafter referred to as Decree No. 17/2015/ND-CP), if the total salary according to rank, grade, position, title plus any salary allowances (if applicable) calculated based on the minimum wage of 1,210,000 VND/month in May 2016 is lower than the total salary according to rank, grade, position, title, any salary allowances (if applicable), and additional salary according to Decree No. 17/2015/ND-CP calculated based on the minimum wage of 1,150,000 VND in April 2016, then they shall be entitled to the difference to equalize the total salary received in April 2016. This differential amount shall not be used to calculate contributions for social insurance, health insurance, unemployment insurance, and any salary allowances.

Article 6. Reference Provisions

In cases where legal regulatory documents and provisions cited for application in this Circular (including the attached Appendix) are amended, supplemented, or replaced by new legal regulatory documents, the contents cited for application shall be applied according to the new legal regulatory documents.

Article 7. Responsibility for Implementation

1. Heads of agencies and units are responsible for implementing this Circular.

2. During implementation, if there are any difficulties, agencies and units shall reflect them to the Financial Department for study and report to the Head of the Ministry of National Defense.