Circular No. 79/2005/TT-BNV guiding the adjustment of salary grades for cadres, civil servants, and public officials when changing jobs and cases of transfer from military forces, cryptographic services, and state-owned enterprises to work in state agencies and public institutions.

CIRCULAR

Guidelines for salary adjustment when civil servants, public officials, and employees change jobs and cases where they are transferred from military forces, cryptographic organizations, and state-owned enterprises to work in state agencies and public institutions.

Guidelines for salary adjustment when civil servants, public officials, and employees change jobs and cases where they are transferred from military forces, cryptographic organizations, and state-owned enterprises to work in state agencies and public institutions.

Guidelines for salary adjustment when civil servants, public officials, and employees change jobs and cases where they are transferred from military forces, cryptographic organizations, and state-owned enterprises to work in state agencies and public institutions.

Guidelines for salary adjustment when civil servants, public officials, and employees change jobs and cases where they are transferred from military forces, cryptographic organizations, and state-owned enterprises to work in state agencies and public institutions, including associations, non-governmental organizations, projects, and international organizations based in Vietnam that utilize state personnel.

Pursuant to point d, Clause 1, Article 11 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and employees and military forces; after exchanging opinions with the Ministry of Finance and relevant ministries and sectors, the Ministry of Home Affairs provides guidelines for salary adjustment when civil servants, public officials, and employees change jobs and cases where they are transferred from military forces, cryptographic organizations, and state-owned enterprises to work in state agencies and public institutions (including associations, non-governmental organizations, projects, and international organizations based in Vietnam that utilize state personnel) as follows:

I. SCOPE AND APPLICABLE SUBJECTS

1. Civil servants, public officials, and employees who change jobs due to being elected or appointed to leadership positions, resigning from leadership positions; advancing to higher grades, transferring to different grades; being reassigned or rotated.

2. Officers, professional soldiers, non-commissioned officers receiving salaries from military forces (People's Army and People's Public Security), personnel working in cryptographic organizations, and those working in state-owned enterprises who are recruited, hired, reassigned, or rotated (hereinafter referred to collectively as transferred) to work in state agencies and public institutions.

The subjects mentioned above at the time of job change or transfer have been assigned salaries according to Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly regarding approval of the position salary table, position allowance table for State leaders; the specialized and vocational salary table for the Judiciary and Prosecution sectors; Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and employees and military forces; and Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government on the salary scale, salary table, and allowance system for state-owned enterprises.

II. PRINCIPLES OF SALARY ASSIGNMENT

1. For civil servants elected or appointed to leadership positions for a term and included in the position salary table, including Ministers and equivalent positions and full-time staff at commune, ward, town levels (hereinafter abbreviated as position salary table for leadership positions for a term).

a) Assign salary according to the current position; if holding multiple positions simultaneously, assign salary according to the position with the highest position coefficient; adjust salary accordingly when changing positions.

b) In case of rotation to a position with a lower position salary, retain the current position salary throughout the rotation period.

c) When ceasing to hold a position to take up another job with a lower position salary or specialized/vocational salary plus leadership position allowance and seniority allowance exceeding the ceiling (if applicable), retain the current position salary for six months, then adjust salary according to the new position or job.

If ceasing to hold a position to process retirement according to the notice of the competent authority and still within the payroll and social insurance coverage of the agency or institution, retain the position salary until retirement.

If ceasing to hold a position due to disciplinary action (dismissal, removal, demotion) or taking up another job not within the payroll and social insurance coverage of a state agency or institution, cease to receive position salary from the date of ceasing to hold the position.

2. For civil servants holding positions through election and included in the specialized/vocational salary table and receiving leadership position allowance.

Upon being elected to a position, receive the leadership position allowance of the elected position and be assigned to the administrative civil service grade as follows: If currently assigned to an administrative civil service grade, retain the current grade and salary level; if currently assigned to a different civil service or public official grade, must transfer to an equivalent administrative civil service grade; if not yet assigned to a civil service or public official grade, appoint to an administrative civil service grade according to the guidelines in this Circular.

3. For civil servants and public officials included in the civil service or public official grade or specialized/vocational position in the Judiciary and Prosecution sectors (hereinafter collectively referred to as civil service or public official grade).

a) Engage in what work, be appointed to the corresponding civil service or public official grade; upon appointment to a civil service or public official grade, be assigned salary according to that grade.

b) The classification of recruitment results or results of grade advancement examinations shall not serve as grounds for advancing to a higher salary grade within the appointed grade.

c) When changing jobs or transferring, grade advancement or grade promotion shall not be combined.

In case of transferring to a new job incompatible with the current civil service or public official grade, must change grade.

In case of rotation to a job with a lower salary due to mission requirements, retain the current grade and salary level (including grade advancement and seniority allowance exceeding the ceiling in the current civil service or public official grade).

In case of transferring to a new job compatible with the current grade, the new agency or institution continues to pay salary (including considering the next grade advancement examination or enjoying seniority allowance exceeding the ceiling if applicable in the current grade) according to the termination of payment certificate from the previous agency or institution.

d) Upon appointment to a leadership position, retain the current grade and salary level and receive the leadership position allowance of the appointed leadership position; if the current civil service or public official grade does not match the specialization of the newly appointed leadership position, must change grade.

4. Officials, civil servants, and public employees holding leadership positions (through election or appointment) who cease to hold such leadership positions shall not use the leadership position allowance previously enjoyed to be ranked at a higher pay grade within the current civil servant or public employee rank; the retention and cessation of the leadership position allowance shall be implemented according to the guidance of the competent authority.

5. Specialized officials and civil servants at commune, ward, town level (commune level), members of armed forces, telecommunication units, and state-owned enterprises who transfer to work in state agencies and state-run organizations shall be appointed and ranked at a civil servant or public employee rank commensurate with their new job position and expertise. The probationary or trial period when transferring jobs shall be carried out in accordance with the provisions of the law, and this probationary or trial period (if applicable) shall be counted towards the time for considering promotion to a higher pay grade within the civil servant or public employee rank appointed upon job transfer.

III. METHODS FOR RANKING PAY

1. Officials ranked at the Minister-level position and equivalent or higher.

Officials elected or appointed to hold a position ranked at the Minister-level or equivalent or when ceasing to hold such position to take on other work, the competent authority managing the officials shall consider and decide on ranking pay accordingly based on specific circumstances.

2. Officials elected to hold specialized positions at the commune level.

a) In cases where civil servants working in state agencies at district level or above and public employees working in state-run organizations are elected to hold specialized positions at the commune level, they shall retain their current rank and pay grade (including the system of pay grade promotion and the system of seniority allowances exceeding the standard range within that civil servant or public employee rank).

b) In cases where commune-level civil servants are elected to hold specialized positions at the commune level, they shall be ranked at pay grade 1 of the specialized position held. If the pay grade 1 coefficient of the specialized position is lower than the coefficient of the current professional position being held, they shall receive an additional retention coefficient to equal the current professional position coefficient; this retention coefficient shall decrease correspondingly when the official is ranked at pay grade 2 of the current specialized position held or ranked at a higher specialized position.

c) Other cases outside the provisions of points a and b of Clause 2 hereinafter elected to hold specialized positions at the commune level for the first time (first term) shall be ranked at pay grade 1 of the specialized position transferred and assumed.

d) Commune-level specialized officials currently ranked at pay grade 1 of the first-term specialized position (including those elected to supplement), re-elected for the second term (same position) or elected to hold another position with the same position coefficient, if having accumulated 60 months of pay grade 1 salary from the first term, shall be ranked at pay grade 2 of the current specialized position held.

đ) Commune-level specialized officials elected to hold a new specialized position with a different position coefficient compared to the previous specialized position held (hereinafter referred to as the old specialized position), shall be transferred to the nearest higher coefficient of the new specialized position (currently held) based on the current coefficient of the old specialized position. If the new specialized position has a pay grade 2 coefficient lower than the current coefficient of the old specialized position, they shall retain the current coefficient of the old specialized position for six months, then be ranked at pay grade 2 of the new specialized position (currently held).

In cases where they are currently ranked at pay grade 1 of the old specialized position, and the old specialized position has a pay grade 1 coefficient lower but a pay grade 2 coefficient higher than the pay grade 1 coefficient of the new specialized position, they shall be ranked at pay grade 1 of the new specialized position; the time spent at pay grade 1 of the old specialized position shall be counted towards the time spent at pay grade 1 of the new specialized position, until they have accumulated 60 months and are ranked at pay grade 2 of the new specialized position (currently held).

Example 1Mr. Nguyen Van A was elected to hold the position of Party Committee Secretary of Commune B from November 1, 2004, and was ranked at pay grade 1 with a coefficient of 1.95 for this position; on May 1, 2005, Mr. A was elected to hold the position of Chairman of the People's Committee of Commune B. Since Mr. A was ranked at pay grade 1 of the old position which had a pay grade 1 coefficient of 1.95 lower but a pay grade 2 coefficient of 2.45 higher than the pay grade 1 coefficient of 2.15 of the new position (Chairman of the People's Committee of Commune), starting from May 1, 2005, Mr. A was transferred from pay grade 1 with a coefficient of 1.95 of the old position (Party Committee Secretary of Commune) to pay grade 1 with a coefficient of 2.15 of the new position (Chairman of the People's Committee of Commune). The time spent at pay grade 1 of the old position (Party Committee Secretary of Commune) from November 1, 2004, was counted towards the time spent at pay grade 1 of the new position (Chairman of the People's Committee of Commune), and on November 1, 2009 (when accumulating 60 months), Mr. A was ranked at pay grade 2 with a coefficient of 2.65 of the position of Chairman of the People's Committee of Commune (currently held).

3. Officials ceasing to hold specialized positions at the commune level shall implement the retention of the position being enjoyed according to the principle stipulated in point c, Clause 1, Section II of this Circular. If ceasing to hold a specialized position at the commune level due to transferring to become a commune-level civil servant or a civil servant in a state agency and a public employee in a state-run organization, it shall be carried out as follows:

a) In cases where they were commune-level civil servants before holding a specialized position at the commune level, they shall be ranked at a pay grade within the appointed civil servant rank based on the time spent at the pay grade of the professional position already ranked within that civil servant rank up to the time of holding the specialized position at the commune level plus the time spent at the specialized position at the commune level with social insurance contributions (not necessarily the same position and if there is a discontinuous period of holding the specialized position without enjoying social insurance benefits, it can be accumulated) to be ranked at a pay grade within the appointed civil servant rank according to the regular pay grade promotion system within that appointed civil servant rank (the appointed civil servant rank is the same civil servant rank ranked before holding the specialized position at the commune level or another equivalent civil servant rank suitable for the new job position and expertise).

b) In cases where before holding the specialized position at the commune level, they were civil servants in state agencies at the district level or higher, or public service staff in state units, they shall continue to enjoy their rank and grade as civil servants or public service staff. If appointed to a different rank, they must be transferred to a rank that is appropriate to the position and specialty of the new job.

c) In cases where before holding the specialized position at the commune level, they had not been classified according to the rank and grade of civil servants or public service staff, then based on the achieved professional training level, the content of the work, and the vocational standards of the civil servant or public service staff rank, they shall be appointed to the specialist rank and below. The method of salary classification when appointed to a rank (from the specialist rank and below) is calculated as follows:

Starting from the first grade of the appointed rank and the time holding the specialized position at the commune level with social insurance contributions (it is not necessary to be the same position and if there are interrupted periods of holding the specialized position without receiving social insurance benefits, these periods can be accumulated) to classify into the grade within the appointed rank (according to the regular promotion system of that rank). If the salary coefficient plus the leadership position allowance (if applicable) is lower than the salary coefficient of the current position at the commune level, then the current salary coefficient of the position at the commune level will be retained for six months, after which the salary will be classified into the appointed rank. In cases where during the six-month retention period, the calculation of the salary in the appointed rank has a salary coefficient equal to or higher than the retained salary coefficient, the retention of the position salary will cease and the salary will be classified into the appointed rank.

Example 2. Ms. Vu Thi B has a college education and held the position of Deputy Secretary of the Party Committee of Commune C since December 1, 2001; on October 1, 2004, she was reclassified to the first grade with a new salary coefficient of 2.15. On September 1, 2005, Ms. B ceased to hold the position of Deputy Secretary of the Party Committee of Commune C and simultaneously transferred to work at the Department of Internal Affairs - Labor of District D. Ms. B received her salary from September 1, 2005, as follows:

Since Ms. B has a college education and meets the vocational standards of the assistant rank, she was appointed to the assistant rank and her salary classification was calculated as follows: From December 1, 2001 (the date she held the position of Deputy Secretary of the Party Committee), Ms. B was classified into the first grade of the assistant rank. By December 1, 2003 (after two years and during this period she consistently fulfilled her assigned tasks and was not disciplined), Ms. B was classified up to the second grade with a new salary coefficient of 2.06 in the assistant rank. As the salary coefficient Ms. B was enjoying as Deputy Secretary of the Party Committee (2.15) was higher than the salary coefficient of 2.06 classified in the assistant rank, Ms. B enjoyed the retention of the salary coefficient of 2.15 for six months (from September 1, 2005 to February 2006). However, by December 1, 2005 (before the end of the six-month retention period), Ms. B met the conditions to be promoted to the third grade with a salary coefficient of 2.26 in the assistant rank, which is higher than the retained salary coefficient (2.15), so Ms. B ceased to enjoy the retention of the position salary (2.15) and was classified into the third grade with a salary coefficient of 2.26 in the assistant rank; the next promotion examination period in the assistant rank for Ms. B will be counted from December 1, 2005.

d) In cases where the specialized position at the commune level is terminated due to being elected to a term-based position subject to professional salary classification, they shall be appointed to the administrative civil servant rank and enjoy the leadership position allowance of the elected position; the salary classification upon appointment to the administrative civil servant rank shall be carried out according to the guidance provided in points a, b, and c of Clause 3 herein.

4. Civil Servants, Public Service Staff Promotion to Higher Ranks.

a) In cases where promotion to a higher rank does not involve enjoying the seniority allowance exceeding the ceiling of the previous rank (the rank held before promotion), the basis for salary classification shall be the current salary coefficient in the previous rank, which is transferred to the nearest or higher salary coefficient in the newly appointed rank.

The time for the next promotion examination in the newly appointed rank shall be calculated as follows: If the difference between the salary coefficient in the newly appointed rank and the current salary coefficient in the previous rank is equal to or greater than the difference between two consecutive grades in the previous rank, it shall be counted from the date of the appointment decision; if it is less than the difference between two consecutive grades in the previous rank, it shall be counted from the date of the current salary coefficient in the previous rank (except for cases where the date of the current salary coefficient in the previous rank is before October 1, 2004, and at the time of October 1, 2004, the old salary coefficient in the previous rank was lower than the old salary coefficient in the newly appointed rank, when calculating the transfer to the new salary, if the new salary coefficient in the previous rank is higher than the new salary coefficient in the newly appointed rank, the time for the next promotion examination in the newly appointed rank shall be counted from October 1, 2004).

b) In cases where promotion to a higher rank involves enjoying the seniority allowance exceeding the ceiling of the previous rank, the basis for salary classification shall be the salary coefficient in the last grade of the previous rank, which is transferred to the nearest or higher salary coefficient in the newly appointed rank.

The time for the next promotion examination in the newly appointed rank shall be calculated as follows: If the difference between the salary coefficient in the newly appointed rank and the salary coefficient in the last grade of the previous rank is equal to or greater than the difference between two consecutive grades in the previous rank, it shall be counted from the date of the appointment decision; if it is less than the difference between two consecutive grades in the previous rank, it shall be counted from the date of the most recent enjoyment of the seniority allowance exceeding the ceiling (based on the percentage of the seniority allowance exceeding the ceiling currently enjoyed) in the previous rank.

After transferring the salary grade to the appointed rank according to the provision at point b herein, if the salary coefficient assigned to the appointed rank is lower than the sum of the current salary coefficient plus the seniority allowance exceeding the ceiling in the previous rank, then from the date of appointment to the new rank, the difference coefficient shall be added to make up for the difference between the current salary coefficient plus the seniority allowance exceeding the ceiling in the previous rank. This retained difference coefficient (rounded off to two decimal places) will decrease correspondingly when the cadre, civil servant, or public officer receives a salary increase or a seniority allowance exceeding the ceiling in the appointed rank or is promoted to a higher rank.

Example 3. Mr. Nguyen Van C was assigned the highest grade (salary coefficient 4.98) in the Specialist rank and on May 1, 2005, he was entitled to a 6% seniority allowance exceeding the ceiling. Mr. C passed the examination to be promoted to the Senior Specialist rank and was appointed to the Senior Specialist rank from January 1, 2006, then Mr. C's salary transfer to the Senior Specialist rank would be as follows:

Based on the salary coefficient 4.98 at the highest grade in the Specialist rank (the old rank) transferred to the nearest higher salary coefficient of 5.08 at Grade 3 of the Senior Specialist rank (the appointed rank). Since the difference between the salary coefficient 5.08 assigned to the Senior Specialist rank and the salary coefficient 4.98 (highest grade) in the Specialist rank is 0.10 (5.08 - 4.98), which is smaller than the difference between two consecutive grades (0.33) in the Specialist rank, the time for considering the next salary increase for Mr. C in the Senior Specialist rank will be calculated from May 1, 2005 (the date he was entitled to a 6% seniority allowance exceeding the ceiling in the Specialist rank). At the same time, since the salary coefficient 5.08 assigned to the Senior Specialist rank is lower than the sum of the current salary coefficient plus the seniority allowance exceeding the ceiling in the Specialist rank (4.98 + 6%VK), from January 1, 2006 (the date of appointment to the Senior Specialist rank), Mr. C will be entitled to an additional retained difference coefficient of 0.20 (4.98 + 6%VK - 5.08). When Mr. C receives a salary increase (Grade 3 to Grade 4) in the Senior Specialist rank, since the additional salary coefficient due to the promotion is 0.34, which is greater than the retained difference coefficient (0.20) currently enjoyed, Mr. C will cease to enjoy the retained difference coefficient of 0.20.

5. Cadres, civil servants, and public officers changing ranks.

a) In cases where they are appointed to a new rank within the same group of ranks as the old rank (the old and new ranks have the same salary grade coefficients), they will be transferred to the same salary grade and percentage of seniority allowance exceeding the ceiling (if applicable) currently enjoyed in the old rank (including the time for considering the next salary increase or entitlement to seniority allowance exceeding the ceiling if applicable in the old rank) to the newly appointed rank.

b) In cases where they are appointed to a new rank with a higher salary grade coefficient compared to the current salary grade coefficient held in the old rank (Group 3 to Group 2; Group 2 to Group 1; Group 3 or Group 2 to Group 1), the salary transfer and the time for considering the next salary increase or entitlement to seniority allowance exceeding the ceiling (if applicable) in the newly appointed rank will be carried out in accordance with the method of salary transfer when cadres, civil servants, and public officers are promoted to a higher rank (as guided in points a and b of Clause 4, Section III of this Circular).

c) In cases where they are appointed to a new rank with a lower salary grade coefficient compared to the current salary grade coefficient held in the old rank (Group 2 to Group 3; Group 1 to Group 2; Group 1 or Group 2 to Group 3), they will be transferred to the same salary grade and percentage of seniority allowance exceeding the ceiling (if applicable) currently enjoyed in the old rank (including the time for considering the next salary increase or entitlement to seniority allowance exceeding the ceiling if applicable in the old rank) to the newly appointed rank. At the same time, they will be entitled to an additional retained difference coefficient to make up for the sum of the current salary coefficient plus the seniority allowance exceeding the ceiling (if applicable) currently enjoyed in the old rank; this retained difference coefficient (rounded off to two decimal places) will decrease correspondingly when the cadre, civil servant, or public officer receives a salary increase or a seniority allowance exceeding the ceiling in the newly appointed rank or is promoted to a higher rank.

6. Officers and non-commissioned officers belonging to the armed forces are ranked by military rank and personnel engaged in cryptographic work are ranked by cryptographic rank (hereinafter referred to collectively as positions ranked by rank) who are transferred to work in state agencies and state-run organizations.

a) Transfer the current rank salary coefficient to the salary coefficient of the appointed civil service or public officer rank from the date of transfer as follows:

In cases where the new position meets the job requirements and has the necessary qualifications for the appointed civil service or public officer rank, the current rank salary coefficient will be transferred to the salary coefficient of the appointed rank according to the table below:

In cases where the new position meets the job requirements and the qualifications for the appointed civil service or public officer rank but is appointed to a rank in the same category but in Group 2 or Group 3 (with a lower salary grade coefficient than the same grade in Group 1) or is appointed to a lower rank than the rank listed in column 2 of the transfer table, they will be assigned to the nearest or lower salary coefficient in the appointed rank compared to the salary coefficient listed in column 4 of the transfer table.

The time for considering a salary grade increase or considering entitlement to seniority allowance exceeding the ceiling (if applicable) at the rank to which the person is appointed (after being assigned to the salary grade and level of civil servant or public official according to the cases guided in point a herein) shall be calculated from the date of assigning the coefficient of the rank-based salary (or the first or second salary increase coefficient) currently enjoyed when transferring jobs.

b) Regarding the retention of salary in accordance with the provisions of the law when transferring jobs.

The retention coefficient difference in accordance with the provisions of the law when transferring jobs is determined by the difference between the coefficient of the rank-based salary (or the first or second salary increase coefficient) currently enjoyed when transferring jobs compared to the coefficient of the salary plus the seniority allowance exceeding the ceiling (if applicable) assigned to the rank of civil servant or public official appointed according to the guidance at point a, Clause 6 herein.

The retention coefficient difference mentioned in point b herein (rounded off to two decimal places) shall be entitled to a minimum of 18 months from the date of transferring jobs; the continuation of retention beyond the 18-month period shall be decided by the head of the agency with authority to manage cadres, civil servants, and public officials in accordance with the internal salary relationship. During the period of receiving retained salary (as stipulated in point b herein), the retention coefficient difference shall decrease correspondingly when the cadre, civil servant, or public official receives a salary grade increase or enjoys the seniority allowance exceeding the ceiling in the appointed rank or receives a rank promotion.

7. Professional military personnel, police officers with technical expertise, and personnel engaged in confidential work with technical expertise (hereinafter referred to collectively as technical positions) may transfer to work in state agencies and state-owned enterprises.

a) Transfer the coefficient of the technical position salary currently enjoyed to the coefficient of the rank and level of civil servant or public official appointed from the date of transferring jobs according to the following two steps:

Step 1. Based on the coefficient of the technical position salary currently enjoyed minus the higher salary coefficient difference between the salary of the technical position and the salary of civil servants or public officials according to the table below:

Step 2. Based on the result of the salary coefficient after the subtraction mentioned above, transfer to the level with a salary coefficient equal to or higher than the nearest in the appointed rank (in case the salary coefficient at the last level in the appointed rank is lower than the salary coefficient after the subtraction mentioned above, then it will be assigned to the last salary level in that appointed rank).

The time for considering a salary grade increase or considering entitlement to seniority allowance exceeding the ceiling (if applicable) at the appointed rank (after being assigned to the rank and level of civil servant or public official according to the guidance at point a herein) shall be calculated from the date of assigning the technical position salary coefficient (if not yet enjoying the seniority allowance exceeding the ceiling) or from the date of enjoying the most recent seniority allowance exceeding the ceiling (according to the percentage of the seniority allowance exceeding the ceiling) currently enjoyed at the technical position when transferring jobs.

b) Regarding the retention of salary in accordance with the provisions of the law when transferring jobs:

The retention coefficient difference in accordance with the provisions of the law when transferring jobs is determined by the difference between the coefficient of the technical position salary plus the seniority allowance exceeding the ceiling (if applicable) currently enjoyed when transferring jobs compared to the coefficient of the salary plus the seniority allowance exceeding the ceiling (if applicable) assigned to the rank of civil servant or public official appointed according to the guidance at point a, Clause 7 herein.

The period of receiving retained salary and the reduction rate of the retention coefficient difference mentioned in point b herein shall be implemented as guided in point b, Clause 6, Section III of this Circular (implemented as for officers transferring jobs).

8. Positions such as Chairman of the Board of Directors, full-time members of the Board of Directors, General Director, Director, Deputy General Director, Deputy Director, Chief Accountant of state-owned companies (hereinafter referred to collectively as management positions) may transfer to work in state agencies and state-owned enterprises.

a) In the case where before holding a management position, the person was assigned a salary according to the rank and level of civil servant or public official (including public officials in state-owned companies):

Based on the new job position and the professional standards of the rank of civil servant or public official, if appointed to any rank of civil servant or public official (equivalent or lower rank compared to the rank previously assigned before holding the management position), the salary will be assigned according to that rank. The salary coefficient assigned to the rank of civil servant or public official upon transferring jobs shall be carried out as follows:

Based on the salary coefficient already assigned to the rank and level of civil servant or public official before holding the management position (if the salary coefficient was assigned according to the old salary scale before October 1, 2004, it shall be converted to the corresponding new salary scale) to transfer to the nearest salary coefficient equal to or higher in the appointed rank of civil servant or public official. The time spent at the salary grade assigned to the rank and level of civil servant or public official until holding the management position, plus the time spent in the management position (if there is a break in service without enjoying social insurance benefits, it can be accumulated) shall be counted towards the next salary grade increase or to move up to a higher salary grade or to enjoy the seniority allowance exceeding the ceiling (if applicable) in the appointed rank according to the regular salary increase system and the seniority allowance exceeding the ceiling system in that appointed rank.

After transferring the salary grade to the civil servant cadre according to the provision at point a herein, if the coefficient of the salary grade assigned plus the leadership position allowance and the seniority allowance exceeding the ceiling (if applicable) is lower than the coefficient of the management position salary being enjoyed at the time of job transfer, then depending on each specific case and based on internal wage correlation, the head of the competent authority managing cadres, civil servants, and public officials shall consider and decide to grant an additional retention coefficient difference. If the retention coefficient difference is granted, this coefficient (rounded off to two decimal places) will decrease correspondingly when the cadre, civil servant, or public official receives a salary increase or the seniority allowance exceeding the ceiling within the assigned cadre (at the time of job transfer) or when they are promoted to a higher cadre.

b) In cases where the salary has not been assigned according to the civil servant or public official grade from before until now (including public officials in state-owned enterprises), the Head of Ministries and Central Sectoral Agencies, the Chairman of the People's Committee of provinces and centrally-administered cities shall base on the new job position, the qualification standards of the civil servant or public official grade, and internal wage correlation, examine and issue a document explaining the work history, wage progression, and position (accompanied by the proposed salary assignment according to the civil servant or public official grade) for each individual to be sent to the Ministry of Home Affairs for unified opinion before making a decision. During the period without the opinion of the Minister of Home Affairs, the current management position salary coefficient being enjoyed at the time of job transfer shall be temporarily maintained.

9. Public officials with specialized and professional qualifications (including Heads and Deputy Heads of Departments) and administrative and service staff in state-owned enterprises who are transferred to work in state agencies and state-run units.

a) Based on the coefficient of the salary according to specialization, profession, administration, and service currently being enjoyed at the time of job transfer (hereinafter referred to as the current salary coefficient in the old grade) to transfer and assign to a coefficient equal to or higher than the nearest one in the newly appointed civil servant or public official grade (a corresponding grade or a lower grade compared to the old grade already assigned in the state-owned enterprise). The time for considering a salary increase or granting the seniority allowance exceeding the ceiling (if applicable) in the newly appointed civil servant or public official grade shall be calculated as follows: If the difference between the coefficient of the newly assigned civil servant or public official grade and the current salary coefficient in the old grade is equal to or greater than the difference between two consecutive grades in the old grade, it shall be counted from the date of signing the appointment decision to the civil servant or public official grade; if it is less than the difference between two consecutive grades in the old grade, it shall be counted from the date of assigning the current salary coefficient in the old grade.

b) In cases where the salary assignment during the working period in the state-owned enterprise was not in accordance with the provisions of the regulatory legal documents of the competent authority at the corresponding times, it must be reassigned appropriately, then proceed to transfer and assign the salary to the newly appointed civil servant or public official grade according to the guidance at point a of Clause 9 herein.

10. Individuals currently assigned salaries according to the wage scales for workers and employees directly involved in production and business operations, the high-level specialist wage scale, and artisans in state-owned enterprises who are transferred to work in state agencies and state-run units.

High-level specialists and artisans in state-owned enterprises who are transferred to work in state agencies and state-run units, depending on each specific case, the head of the competent authority managing cadres, civil servants, and public officials shall consider and appoint and assign salaries to the civil servant or public official grade suitable to the position and specialization of the job undertaken. The remaining cases mentioned in Clause 10 herein shall be implemented as follows:

a) In cases where they are arranged to work in specialized and professional positions, administrative and service positions in state agencies or state-run units according to their actual level of professional training.

If they have a bachelor's degree or higher, they shall be appointed and assigned salaries to the specialist grade and equivalent (type A1); if they have an associate degree, they shall be appointed and assigned salaries to the civil servant or public official grade type A0; if they have a secondary vocational school degree or have been trained at vocational schools, they shall be appointed and assigned salaries to the staff grade and equivalent (type B); if they have a primary vocational school degree or have undergone apprenticeship training in enterprises, they shall be appointed and assigned salaries to the technical employee grade (code 01.007); if they have not received any training, they shall be appointed and assigned salaries to the service employee grade (code 01.009). The transfer and assignment of salaries to the newly appointed civil servant or public official grade shall be based on the working time with social insurance contributions according to the wage scales prescribed by the State (excluding probationary or trial periods when first recruited to work in state agencies, state-run units, or state-owned enterprises) to be assigned to a grade in the newly appointed civil servant or public official grade according to the following calculation method:

Starting from Grade 1 of the newly appointed grade, every three years (36 months) for civil servant or public official grades types A0 and A1, and every two years (24 months) for civil servant or public official grades from type B downwards (if there are interrupted periods without receiving social insurance benefits, they can be accumulated) shall be assigned to a higher grade in the newly appointed grade. In cases where there are years during the working period where the assigned tasks were not completed or disciplinary actions (one of the forms of reprimand, warning, dismissal) were taken, each year (12 months) where the assigned tasks were not completed or disciplinary actions were taken shall not be counted towards the time for being assigned to a higher grade in the newly appointed grade.

After converting the time to be classified into the salary grade within the civil servant cadre for those appointed above, if there are months that have not reached 36 months (for civil servants and officials of type A0 and A1) or have not reached 24 months (for civil servants and officials from type B downwards), then these months will be counted towards the time for considering a salary grade increase or for enjoying the seniority allowance exceeding the ceiling (if applicable) in the appointed cadre.

b) In cases where the work does not correspond to the specialized field in which they were trained, the appointment and classification into the salary grade within the civil servant cadre should be carried out in accordance with the position and specialized work of the new job. The method of transferring and classifying into the salary grade within the appointed civil servant cadre for these cases shall be implemented as specified in point a, Clause 10 herein.

c) After transferring and classifying into the salary grade within the appointed civil servant cadre as stipulated in points a and b, Clause 10 herein, if the coefficient of the salary grade assigned in the appointed cadre plus the seniority allowance exceeding the ceiling (if applicable) is lower than the coefficient of the salary currently enjoyed (according to the wage scale, pay table in state-owned enterprises) at the time of job transfer, then depending on each specific case and based on internal wage correlation, the head of the agency authorized to manage cadres, civil servants, and officials shall consider and decide to grant the retention coefficient difference. If the retention coefficient difference is granted, this coefficient difference (rounded off to two decimal places) will decrease accordingly when the cadre, civil servant, or official receives a salary grade increase or enjoys the seniority allowance exceeding the ceiling in the appointed cadre (at the time of job transfer) or when they receive a cadre upgrade.

d) In cases where state agencies and state-affiliated units have special types of labor such as in state-owned enterprises (without changing the worker or staff occupation), the head of the agency authorized to manage cadres, civil servants, and officials shall consider and decide to continue granting wages according to the wage scales, pay tables for workers and staff currently enjoyed by these cases (still classified and promoted in salary grades like workers and staff in state-owned enterprises).

đ) The provisions on salary classification at points a, b, c, and d, Clause 10 herein also apply to cases that have been recruited or signed labor contracts to work in state agencies and state-affiliated units currently classified according to the wage scales, pay tables for direct production and business workers and staff in state-owned enterprises.

IV. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

a) At the time of job change or job transfer, subjects within the scope of application of this Circular who are still classified under the old salary (under the wage system before October 2004) must be transferred to the new salary (under the wage system in October 2004) in accordance with the guidance of the competent authority. After transferring the old salary to the new salary according to the guidance of the competent authority, the salary classification transfer according to the guidance of this Circular shall be implemented.

b) From the date of effectiveness of Joint Circular No. 01/2005/TTLT-BNV-BTC guiding the implementation of the transfer from the old salary to the new salary for cadres, civil servants, and officials (January 26, 2005), cadres holding positions elected and ranked under the cadre grade and level and enjoying leadership position allowances of the elected position currently held shall implement salary grading according to the guidance of this Circular. In cases where the cadre grade and level transferred are excessively unreasonable compared to the elected position currently held, the head of ministries and central agencies, the Chairman of the People's Committee of provinces and centrally-administered cities shall base on the cadre leadership team correlation under their management, review and issue a written explanation of the work process, educational qualifications, wage progression, and position (accompanied by a proposed salary assignment into the appropriate cadre grade and level for the elected position currently held) for each individual to send to the Ministry of Home Affairs for consensus before making a decision. During the period without the opinion of the Minister of Home Affairs, retain the cadre administrative grade and level assigned according to the correct guidance of this Circular.

2. This Circular replaces the provisions in the following documents:

a) Circular No. 39/2000/TT-BTCCBCP dated June 19, 2000, of the Government Organizational Cadre Department (now the Ministry of Home Affairs) guiding the salary classification when appointing to the cadre for civil servants who passed the cadre promotion examination.

b) Points 1.1 and 1.2 of Clause 1 and Clause 3, Section II of Joint Circular No. 34/2004/TTLT-BNV-BTC-BLDTBXH dated May 14, 2004, of the Ministry of Home Affairs, Ministry of Finance, and Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decree No. 121/2003/NĐ-CP dated October 21, 2003, of the Government on policies for cadres and civil servants in communes, wards, and towns.

3. The salary classification and calculation of time for considering a subsequent salary grade increase upon appointment to the civil servant cadre for cases of job change or job transfer before the effective date of this Circular shall be implemented according to the relevant legal regulations and guidance documents or agreements issued by the competent authorities at corresponding times.

4. The appointment and salary classification into the cadre for cadres, civil servants, and officials when changing jobs and the cases of job transfer stipulated in this Circular shall be implemented according to the current delegation levels.

5. Cadres, civil servants, and officials working in Party agencies, mass organizations, and trade unions shall follow the guidance of the Central Organization Department. In cases of job transfer to work in state agencies and state-affiliated units, the guidance provided in this Circular shall be followed.

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