Circular No. 80/2005/TT-BNV guiding the implementation of salary adjustment for cadres, civil servants, and public officials with a college degree suitable to their current profession.

CIRCULAR

Guidelines for implementing salary adjustments for cadres, civil servants, and public officials with college-level qualifications relevant to their current professions having college-level qualifications suitable for their current profession

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 204/2004/NĐ-CP); after consulting with the Ministry of Finance and related ministries and agencies, the Ministry of Home Affairs hereby provides guidelines for implementing salary adjustments for cadres, civil servants, and public officials with college-level or bachelor's degree from college (hereinafter collectively referred to as college-level) qualifications suitable for their current professions as follows:

I. SCOPE AND OBJECTS

1. Scope and Applicability:

a) Persons who have obtained a college-level graduation certificate from educational institutions under the national education system as prescribed by law, recruited and appointed to a civil service rank or public official position or assigned to perform a public duty or regular task consistent with their trained specialty working in state agencies and public institutions.

b) Cadres, civil servants, and public officials (including village-level civil servants) within the payroll establishment of state agencies and public institutions who have obtained a college-level graduation certificate and are currently performing tasks consistent with their trained specialty, currently classified at the specialist rank or equivalent under category A1 (hereinafter referred to as category A1) or at the staff rank or equivalent under category B (hereinafter referred to as category B) according to Decree No. 204/2004/NĐ-CP.

The objects mentioned above shall be collectively referred to as cadres, civil servants, and public officials with college-level qualifications suitable for their current profession.

2. Non-applicable objects.

a) Cadres, civil servants, and public officials with college-level qualifications suitable for their current profession who have been appointed and classified by competent authorities to ranks such as senior specialists or higher or classified according to the wage scale for workers and public officials in state-owned companies.

b) Cadres, civil servants, and public officials with college-level qualifications not suitable for their current profession.

II. SALARY ADJUSTMENTS

Cadres, civil servants, and public officials with college-level qualifications suitable for their current profession, falling within the scope of application of this Circular, shall be adjusted to the category A0 (hereinafter referred to as category A0) of the wage scales (scale 2 and scale 3) issued together with Decree No. 204/2004/NĐ-CP as follows:

1. In cases where they are recruited to a civil service or public official position requiring a college-level qualification, during the probationary or trial period, they shall enjoy a probationary or trial wage based on the level 1 wage of category A0; upon completion of the probationary or trial period and appointment to a position, they shall be classified at level 1 of category A0, and the time for the next wage increase review shall be counted from the date of the decision appointing them to the position.

2. In cases where they are currently classified according to Decree No. 204/2004/NĐ-CP at category A1 (requiring a university-level qualification), the adjustment to category A0 shall be as follows:

a) If they have not yet received the additional years-of-service allowance exceeding the ceiling at category A1, they shall be transferred to the corresponding level of category A0 at the level they are currently classified at category A1; the time for the next wage increase review at category A0 shall be counted from the date they were classified at the level they are currently enjoying at category A1. At the same time, from the date they start receiving wages at category A0, they shall also receive an additional retention coefficient equal to the current wage coefficient at category A1; this retention coefficient shall decrease correspondingly when the cadre, civil servant, or public official receives a wage increase or the additional years-of-service allowance exceeding the ceiling at category A0.

Example 1: Ms. Vu Thi H has a college-level accounting qualification and was classified at level 9 with a wage coefficient of 4.98 at the accountant rank (category A1) since March 1, 2005. Ms. H will be adjusted to the civil service category A0 as follows:

Level 9 with a wage coefficient of 4.98 at the accountant rank (category A1) will be transferred to level 9 with a wage coefficient of 4.58 at the civil service category A0; the time for the next wage increase review (from level 9 to level 10) at category A0 for Ms. H will be counted from March 1, 2005 (the date she was classified at level 9 at the accountant rank). At the same time, from the date she starts receiving wages at category A0, Ms. H will also receive an additional retention coefficient equal to the current wage coefficient of 4.98 at category A1, which is 0.40 (4.98 - 4.58). When Ms. H is promoted to level 10 with a wage coefficient of 4.89 at category A0, the retention coefficient of 0.40 will decrease to 0.09 (0.40 - 0.31), and when Ms. H meets the conditions to receive a 5% additional years-of-service allowance exceeding the ceiling at category A0, since the 5% additional years-of-service allowance exceeding the ceiling at category A0 (4.89 x 5%) is greater than the current retention coefficient of 0.09, Ms. H will cease to receive the retention coefficient of 0.09.

b) If they are currently receiving the additional years-of-service allowance exceeding the ceiling at category A1, they shall be classified at level 10 (the highest level) at category A0; the time for the next additional years-of-service allowance exceeding the ceiling review at category A0 will be counted from the most recent date they received the additional years-of-service allowance exceeding the ceiling (at the current percentage) at category A1. At the same time, from the date they start receiving wages at category A0, they will also receive an additional retention coefficient equal to the current wage coefficient plus the additional years-of-service allowance exceeding the ceiling at category A1; this retention coefficient (rounded to two decimal places) will decrease correspondingly when the cadre, civil servant, or public official receives the additional years-of-service allowance exceeding the ceiling at category A0.

Example 2: Mr. Tran Van K has a college-level accounting qualification and was previously classified at level 10 with a wage coefficient of 3.98 at the accountant rank since September 1, 2003, and was adjusted to the new wage scale from October 1, 2004, at level 9 with a wage coefficient of 4.98 at the accountant rank (category A1) and received a 6% additional years-of-service allowance exceeding the ceiling, with the time for the next additional years-of-service allowance exceeding the ceiling review being counted from September 1, 2004. Mr. K will be adjusted to the civil service category A0 as follows:

As Mr. K is currently receiving the seniority allowance exceeding the ceiling at the accountant level under Class A1, he is classified at Level 10 with a salary coefficient of 4.89 at Class A0. The period for considering the seniority allowance exceeding the ceiling at Class A0 for Mr. K shall be counted from September 1, 2004 (the date of receiving 6% seniority allowance exceeding the ceiling at Class A1). Simultaneously, from the date of receiving the salary at Class A0, Mr. K will also receive an additional retention coefficient difference of 0.39 (4.98 + 6% VK - 4.89) to equalize the salary coefficient plus the seniority allowance exceeding the ceiling currently received at Class A1. When Mr. K receives the seniority allowance exceeding the ceiling at Class A0, this retention coefficient difference of 0.39 will be correspondingly reduced.

3. In cases where the salary classification is based on Decree No. 204/2004/NĐ-CP at Class B, the transfer to the salary classification at Class A0 shall be carried out as follows:

a) If not yet receiving the seniority allowance exceeding the ceiling at Class B, the basis for transferring to the highest salary grade with a higher coefficient at Class A0 shall be the current salary coefficient at Class B. If the difference between the salary coefficient assigned at Class A0 and the current salary coefficient at Class B is 0.20 or more (the difference between two consecutive salary grades at Class B), the period for considering the next salary increase at Class A0 shall be counted from the date of receiving the salary at Class A0; if less than 0.20, the period for considering the next salary increase at Class A0 shall be counted from the date of salary classification at Class B.

Example 3: Ms. Nguyen Thi X has a college degree in accounting and was classified with a salary coefficient of 3.26 at Level 8 at the intermediate-level accountant position (Class B) since April 1, 2005. Ms. X's salary classification transfer to Class A0 shall be carried out as follows:

The salary coefficient of 3.26 that Ms. X is currently receiving at the intermediate-level accountant position (Class B) shall be transferred to the nearest higher salary coefficient of 3.34 at Level 5 at Class A0. Since the difference between the salary coefficient of 3.34 assigned at Class A0 and the current salary coefficient of 3.26 at Class B is 0.08 (3.34 - 3.26), which is less than 0.20, the period for considering the next salary increase at Class A0 for Ms. X shall be counted from April 1, 2005 (the date of salary classification at Level 8 at Class B).

b) If currently receiving the seniority allowance exceeding the ceiling at Class B, the basis for transferring to the salary classification at Class A0 shall be the salary coefficient of 4.06 at Level 12 (or the final level) at Class B, which shall be transferred to the salary coefficient of 4.27 at Level 8 at Class A0; the period for considering the next salary increase at Class A0 shall be counted from the date of receiving the salary at Class A0. Simultaneously, from the date of receiving the salary at Class A0, Ms. X will also receive an additional retention coefficient (if applicable) to equalize the salary coefficient plus the seniority allowance exceeding the ceiling currently received at Class B. This retention coefficient (rounded to two decimal places) shall be correspondingly reduced when the civil servant, public official, or employee is promoted to a higher salary grade or receives the seniority allowance exceeding the ceiling at Class A0.

Example 4: Mr. Dang Van Y has a college degree in accounting and was classified with a salary coefficient of 4.06 at Level 12 at the intermediate-level accountant position (Class B) and is currently receiving a 12% seniority allowance exceeding the ceiling, with the period for considering the next seniority allowance exceeding the ceiling counted from May 1, 2005. Mr. Y's salary classification transfer to Class A0 shall be carried out as follows:

As Mr. Y is currently receiving the seniority allowance exceeding the ceiling at the intermediate-level accountant position (Class B), he shall be transferred based on the salary coefficient of 4.06 at Level 12 at Class B to the salary coefficient of 4.27 at Level 8 at Class A0; the period for considering the next salary increase at Class A0 (from Level 8 to Level 9) shall be counted from the date of receiving the salary at Class A0. Simultaneously, from the date of receiving the salary at Class A0, Mr. Y will also receive an additional retention coefficient to equalize the salary coefficient plus the seniority allowance exceeding the ceiling currently received at Class B, which is 0.28 (4.06 + 12% VK - 4.27). When Mr. Y is promoted to a higher salary grade at Class A0, due to the increased salary coefficient of 0.31 being greater than the current retention coefficient of 0.28, Mr. Y will cease to receive the retention coefficient of 0.28.

4. The title (name of the rank) and the rank code of civil servants and employees with a college degree matching their current specialty (Class A0) shall be implemented according to the decisions of the Minister of Home Affairs regarding the issuance of titles and rank codes for civil servants and employees.

5. For certain specialties currently employing civil servants and employees with a college degree matching their current specialty (Class A0) but without a Decision of the Minister of Home Affairs issuing titles and rank codes, temporarily record the titles and rank codes of civil servants and employees at Class A0 to transfer the salary classification to civil servants and employees at Class A0 according to the guidelines in this Circular as follows:

a) The title (name of the rank) of civil servants and employees with a college degree matching their current specialty: Add parentheses and the phrase "(college)" after the name of the rank of civil servants and employees at Class A1 in the same specialty.

b) The rank code of civil servants and employees with a college degree matching their current specialty: Add the letter "a" after the first two digits of the rank code of civil servants and employees at Class A1 in the same specialty (the last three digits remain unchanged as the last three digits of the rank code of civil servants and employees at Class A1 in the same specialty).

Example 5: Accountants with a college degree in accounting shall record the title (name of the rank) and rank code as follows: Accountant (college) - Rank Code 06a.031.

The Minister, the head of the agency equivalent to a ministry managing the ranks of civil servants and employees in specialized fields, shall be responsible for establishing the vocational standards for the ranks of civil servants and employees requiring a college degree (Class A0) and submit them to the Minister of Home Affairs for unified issuance of titles, vocational standards, and rank codes for these ranks to replace the temporary regulations on recording titles and rank codes for civil servants and employees at Class A0 mentioned above.

III. EFFECTIVE DATE OF IMPLEMENTATION

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

2. In cases where, after the effective date of this Circular, civil servants and employees with a college degree matching their current specialty are still classified under the old salary system (based on Decree No. 25/CP dated May 23, 1993 of the Government) at the specialist level and equivalent (Class A1) or at the clerk level and equivalent (Class B), the transfer from the old salary classification to the new salary classification shall be carried out according to the guidance of the competent authority. After transferring from the old salary classification to the new salary classification based on the current rank held (Class A1 or Class B), the transfer to the salary classification for civil servants and employees at Class A0 shall be carried out according to the guidance in this Circular.

3. The salary coefficient, retention differential coefficient, and seniority allowance exceeding the ceiling (if any) shall be transferred and classified for civil servants and officials of type A0 from the new salary coefficient of civil servants and officials of type A1 or from the new salary coefficient of civil servants and officials of type B according to the guidance provided in this Circular, and shall be enjoyed as follows:

a) The ranks of officials of type A0 that have been specified in the application object of Salary Table No. 3 issued together with Decree No. 204/2004/NĐ-CP shall enjoy the salary of officials of type A0 from October 1, 2004.

b) The ranks of civil servants and officials of type A0 that have been issued with job titles and rank codes pursuant to the Decision of the Minister of Home Affairs but not specified in the application object of Salary Table No. 2 and Salary Table No. 3 issued together with Decree No. 204/2004/NĐ-CP shall enjoy the salary of civil servants and officials of type A0 from the date on which the Decision of the Minister of Home Affairs takes effect.

c) The ranks of civil servants and officials of type A0 outside the provisions of point a and point b of Clause 3 hereof shall enjoy the salary of civil servants and officials of type A0 from the date of signing the decision on classification to civil servants and officials of type A0.

In the course of implementation, if there are any difficulties, ministries, sectors, and localities shall reflect them to the Ministry of Home Affairs for study and resolution./.