Circular No. 78/2005/TT-BNV guiding the implementation of the allowance for concurrently held positions for officials, civil servants, and employees holding leadership positions as heads of other agencies or units.

 CIRCULAR

Guidelines for Implementing the System of Additional Allowances for Concurrent Positions for Officials, Civil Servants, and Public Employees Holding Leadership Positions at Other Agencies and Units

Pursuant to Clause 2, Article 6 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for officials, civil servants, public employees, and armed forces; after exchanging opinions with the Ministry of Finance and relevant ministries and sectors, the Ministry of Home Affairs issues guidelines for implementing the system of additional allowances for concurrent leadership positions at other agencies and units (hereinafter referred to as the system of additional allowances for concurrent leadership positions at other agencies and units) as follows:

I- SCOPE OF APPLICATION AND OBJECTS

1- Officials, civil servants, and public employees who are within the scope of receiving salaries under Resolution No. 703/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly approving the table of salaries for positions, the table of position allowances for state leaders, the table of specialized and vocational salaries for the judiciary and prosecution sectors, and Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for officials, civil servants, public employees, and armed forces, currently holding leadership positions (elected or appointed) in agencies and units from central to commune, ward, and town levels; concurrently elected or appointed to hold one or more leadership positions at other agencies and units while performing concurrent duties.

2- The other agencies and units mentioned in Clause 1 of Section I above refer to agencies and units established in accordance with authority and legal procedures, having separate personnel quotas and operating funds, possessing seals, and having accounts at banks or state treasuries.

II- CONDITIONS AND PRINCIPLES FOR RECEIVING ADDITIONAL ALLOWANCES

1- Officials, civil servants, and public employees concurrently holding leadership positions at other agencies and units as stipulated in Section I of this Circular shall be entitled to additional allowances when meeting the following two conditions:

a) Currently holding a leadership position (elected or appointed) in an agency or unit.

b) Having been approved by the competent authority for the results of the election or decision to appoint them to concurrently hold one or more leadership positions at other agencies and units where the leadership position at the other agency or unit is structured with a dedicated quota for the head but operates concurrently.

2- A person concurrently holding one or more leadership positions at other agencies and units shall only receive one level of additional allowance throughout the period they hold such concurrent leadership positions. Upon ceasing to hold a concurrent leadership position at another agency or unit, they will cease to receive the additional allowance starting from the month immediately following the month they stop holding the concurrent leadership position.

III- LEVEL OF ADDITIONAL ALLOWANCE AND METHOD OF PAYMENT

1- Level of additional allowance:

The additional allowance for concurrently holding a leadership position at another agency or unit is calculated as 10% of the current salary for the position or specialized/vocational salary plus the leadership position allowance and seniority allowance exceeding the framework (if applicable) received by the person holding the concurrent leadership position.

2- Method of payment of additional allowance.

a) The amount of additional allowance for concurrently holding a leadership position at another agency or unit is determined based on the following formula:

b) The agency or unit that pays the salary of the person concurrently holding a leadership position at another agency or unit shall pay the additional allowance to that person from the month they start holding the concurrent leadership position at another agency or unit from its current financial resources.

c) The additional allowance for concurrently holding a leadership position at another agency or unit is paid together with the monthly salary and is not used to calculate contributions or benefits under social insurance.

IV- EFFECTIVE DATE

1- This Circular takes effect 15 days after its publication in the Official Gazette.

2- The system of additional allowances for concurrently holding a leadership position at another agency or unit stipulated in this Circular shall be applied starting from October 1, 2004.

In cases where a person concurrently holds a leadership position at another agency or unit after October 1, 2004, they shall receive the additional allowance according to the guidelines in this Circular starting from the month their competent authority approves the results of the election or decision to appoint them to concurrently hold a leadership position at another agency or unit.

3- Based on the guidelines in this Circular, the Ministry of Defense and the Ministry of Public Security shall issue guidelines for implementing the system of additional allowances for concurrently holding a leadership position at another agency or unit for the objects under their management.

4- Officials, civil servants, and public employees concurrently holding leadership positions at other agencies and units belonging to Party, People's Council, and mass organizations' institutions shall implement the system of additional allowances for concurrently holding a leadership position at another agency or unit according to the guidelines of the Central Organization Department.

During implementation, if there are difficulties, ministries, sectors, and localities should report to the Ministry of Home Affairs for research and resolution./.