Joint Circular No. 99/1998/TTLT/TCCP-BTC-BLDTBXH guiding the implementation of Decree No. 09/1998/ND-CP of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995 of the Government on the living allowance system for commune, ward, and town cadres.

JOINT CIRCULAR

Guidelines for Implementing Decree No. 09/1998/NĐ-CP

of the Government amending and supplementing Decree No. 50/CP dated July 26, 1995

of the Government on living allowances for cadres at commune, ward, and town levels

Pursuant to Decree No. 09/1998/NĐ-CP of the Government issued on January 23, 1998 amending and supplementing Decree No. 50/CP dated July 26, 1995 on regulations for cadres at commune, ward, and town levels of the Government; after thorough discussion and agreement with the Central Organization Committee, jointly with the Government's Organization and Cadre Department, Ministry of Finance, and Ministry of Labor, Invalids and Social Affairs, the following guidelines for implementation are hereby provided:

I. APPLICABLE OBJECTS:

Cadres at commune level as stipulated in Decree No. 09/1998/NĐ-CP of the Government include Party cadres, administrative cadres, and heads of mass organizations: Chairman of the People's Council, President of the Women's Union, President of the Farmers' Association, President of the Veterans' Association, Secretary of the Communist Youth Union, and cadres holding four specialized positions at administrative units: commune, ward, and town (collectively referred to as commune cadres).

1. The number of commune cadres allocated according to Article 1 of Decree No. 09/1998/NĐ-CP of the Government:

Commune cadres are allocated as follows:

1.1. Number of Party, administrative, and mass organization cadres:

Commune Party Committee: 2 cadres.

Commune People's Council: 2 cadres.

Commune People's Committee: from 5 to 7 cadres (according to Decree No. 174/CP).

Five mass organization cadres: Chairman of the Fatherland Front, President of the Women's Union, Chairman of the Farmers' Association, Chairman of the Veterans' Association, Secretary of the Communist Youth Union.

1.2. Four specialized positions under the Commune People's Committee: Judicial - Civil Registration; Land Administration; Finance - Accounting; Office of the People's Committee - Statistics.

Provincial People's Committees and municipal people's committees directly under the central government shall allocate cadres based on population size, area, workload, complex terrain and difficult travel conditions, political and economic situation, ethnic and religious characteristics, and social security. However, the total number of cadres allocated must not exceed the prescribed limit (including state civil servants temporarily assigned to communes, wards, and towns).

Communes with a prescribed number of cadres ranging from 17 to 19 should allocate cadres to兼任多个职务以确保公社各方面的工作都有人负责。

对于规定人数为21至25人的公社，根据第09/1998/NĐ-CP号政府决议的规定，这是每类公社的最大人数。省和县级人民委员会应指导加强在工作量大且复杂的领域如劳动、残疾人和社会事务、国家安全等领域的人力配置。

2. Selection criteria and management of the four specialized positions in commune work:

2.1. Selection criteria for cadres assuming specialized positions under the Commune People's Committee:

The selection of cadres for each position must be based on the professional standards set by the Ministry of Finance, Ministry of Justice, General Department of Land Administration, Government's Organization and Cadre Department, and General Statistics Office.

Those meeting the following criteria may be selected to work in specialized positions at commune, ward, and town levels:

Clear background, good moral character;

Hold a national diploma or higher degree in land administration (for land administration cadres), finance and accounting (for finance and accounting cadres), legal studies (for judicial and civil registration cadres), clerical work, administrative affairs, statistics, and other relevant fields that have been trained in office work (for office and statistics cadres);

Be in good health, with age not exceeding 35 for women and 40 for men.

2.2. Selection process:

Based on the above criteria, the Commune People's Committee proposes to the District Organization and Administration Office to coordinate with relevant departments to evaluate the quality of each specialized cadre in the commune, ward, and town, and submit the evaluation results to the District People's Committee Chairman for decision-making. After obtaining the opinion of the relevant provincial department, the Chairman of the Commune People's Committee signs a long-term labor contract with each cadre according to their specialized position.

Replacement of cadres in the four specialized positions can only be carried out in the following cases:

The cadre is reassigned to another duty.

They do not meet the professional criteria.

Violation of the contract necessitates termination of employment.

The replacement of specialized cadres requested by the Commune People's Committee is decided by the County People's Committee. The Chairman of the Commune People's Committee bases the decision to terminate the contract and sign a new one with the newly appointed cadre.

Specialized cadres before transferring to another job or leaving must hand over all files, documents, professional tasks, money, and assets entrusted to them to the Commune People's Committee.

2.3. Duties and benefits of cadres in specialized positions:

The four specialized positions: Judicial - Civil Registration, Land Administration, Finance - Accounting, Office of the People's Committee - Statistics are responsible for assisting the Commune People's Committee in managing their respective fields under the guidance of the county-level professional management agencies. They work according to the plans of the Commune People's Committee and the relevant management sector. During the course of work, they must comply with the provisions of the contract and receive increased living allowances according to their professional rank.

The review and promotion of ranks are proposed by the Chairman of the Commune People's Committee, coordinated by the District Labor, Invalids, and Social Affairs Office with relevant county-level professional departments, and submitted to the Chairman of the Provincial or Municipal People's Committee for decision. The promotion coefficient for cadres in the four specialized positions is based on Decree No. 25/CP dated May 23, 1993 of the Government for application.

II. MONTHLY LIVING ALLOWANCES FOR COMMUNE CADRES AND SUBSIDIES FOR COMMUNE CADRES WHEN ON LEAVE
1. Living Allowances:

1.1. For elected positions and other positions under the Commune People's Committee:

Secretary of the Commune Party Committee (or branch secretary where there is no Commune Party Committee) allowance: 270,000 VND/month.

Deputy Secretary of the Commune Party Committee, Chairman of the Commune People's Council, Chairman of the Commune People's Committee allowance: 260,000 VND/month.

Deputy Secretary of the Commune Party Committee, Chairman of the Commune People's Council, Chairman of the Commune People's Committee: VND 260,000 per month.

The Deputy Chairperson of the People's Council of the commune, the Deputy Chairperson of the People's Committee of the commune, the Standing Committee of the Commune Party Committee (where the Secretary or Deputy Secretary concurrently holds the position of Chairperson or Deputy Chairperson of the People's Council and People's Committee), the Chairman of the People's Committee for Mass Organizations, the Heads of people's mass organizations in the commune (Women's Union, Farmers' Association, Veterans' Association, Communist Youth Union), the Chief of the Military Command of the commune, and the Head of the commune police shall receive a subsistence allowance of 240,000 VND per month.

Members of the People's Committee of the commune shall receive a subsistence allowance of 230,000 VND per month.

Other positions under the People's Committee of the commune shall receive a subsistence allowance of 210,000 VND per month.

Positions elected and other positions (as specified in the total number of commune-level cadres from 17 to 25 persons) after five consecutive years of service, if re-elected or continue working, shall enjoy a supplementary allowance of 5% of the current subsistence fee (starting from the sixth year onwards). Professional cadres shall not be entitled to the 5% supplementary allowance upon re-election.

1.2. For professional cadres:

Cadres belonging to four specialized positions at the commune level who are not state civil servants but have been trained professionally and hold national qualifications to encourage their long-term stable work at the commune level shall be applied with subsistence fees according to the scale defined in Decree No. 25/CP dated May 23, 1993 of the Government. The process of classification must be based on the job positions assigned according to Decree No. 09/1998/NĐ-CP dated January 23, 1998, and the guidance of the Government's Organization and Cadre Management Board to classify into appropriate levels and coefficients.

After five years of service, they must be evaluated; if they meet both criteria below throughout the period of enjoying the old subsistence fee, they will be promoted to a corresponding subsistence fee level equivalent to the next salary grade and coefficient within the rank:

Completing the required quantity of work as stipulated in the contract and meeting quality and time requirements.

Not violating labor discipline, internal regulations, or relevant state laws related to work and the moral conduct of cadres, with disciplinary actions ranging from reprimand upwards.

Example: A commune land administration cadre with secondary education, having worked at the commune level for 12 years, based on the professional standards of the civil servant rank, meets the criteria to be classified into the assistant cadre rank and enjoys a subsistence fee equivalent to grade 2, coefficient 1.58 of rank 01004.

After five years of service, if they meet the criteria, their subsistence fee will be raised to correspond to grade 3, coefficient 1.70.

Professional cadres without a professional qualification obtained through state training shall receive a subsistence allowance of 154,000 VND per month; those currently receiving a higher subsistence allowance than 154,000 VND per month shall retain their current allowance.

Commune cadres assigned to兼任多个职务的干部将获得其兼任职务中最高生活补贴标准的生活补贴；当不再兼任任何职务时，享受其所担任职务的生活补贴。

社区干部按照政府第09/1998/NĐ-CP号决定规定的标准享受生活补贴，不得再增加第06/CP号政府决定第1条C点规定的20%。

2. 对社区干部的规定：

社区干部被选派参加理论和业务培训，享受国家规定的各项权益。

社区干部被指派执行公务，享受财政部规定的差旅费制度。

社区干部在工作中取得成绩，按国家规定予以奖励。

3. 干部退休后继续领取月度补助金的规定：

上述干部合法迁移到新居住地，在同一县内从一个乡迁到另一个乡有乡出具的补助转移证明；在同一省内从一个县迁到另一个县有县劳动、残疾人和社会事务办公室出具的补助转移证明；在不同省之间迁移有省人民政府组织人事局出具的补助转移证明。接收地各级机构将继续支付给迁入的干部补助金，所需资金计入乡级预算。对于在政府第09/1998/NĐ-CP号决定生效前已经合法迁移到新居住地的干部，各级机构继续支付补助金。

4. 活动费用：

副人民委员会主席团成员、副各团体（妇女联合会、农民协会、退伍军人协会、共青团）享受活动费用，由乡财政经常性支出分配给每个团体。根据财政能力，省人民委员会主席建议省人民代表大会审议决定。

III. 社会保险补助金的规定：
对于社区干部退休的规定：

1. 领取月度补助金的对象：

根据政府第09/1998/NĐ-CP号决定第三条第1、2、3、4、5款规定正在工作并享受生活补贴的社区干部。

2. 领取月度补助金的条件：

社区干部满足以下条件可领取月度补助金：

工作年限和缴纳社会保险年限累计满15年（180个月）以上。

男性满55岁，女性满50岁退休。

3. 社会保险月缴费额为月生活补贴额的15%，其中社区干部个人缴纳5%，国家财政承担剩余10%的总生活补贴基金。乡人民委员会主席负责编制社区干部缴纳社会保险名单，经县级劳动、残疾人和社会事务办公室审核，由省级人民政府组织人事局批准。乡级人民委员会主席每月负责向社会保险基金缴纳款项。

4. 计算月度补助金的方法：

缴纳社会保险满15年的人员，享受相当于最后五年平均生活补贴额的45%（包括5%的重新选举补贴，如有）。此后每增加一年的社会保险缴纳年限，增加2%的补助金，但月度补助金最高不超过最后五年平均生活补贴额的75%，计算方法如下：

Example: Mr. A retired at age 55, with 20 years of social insurance contributions, his average living expenses for the last five years were: two years as Deputy Chairman of the People's Committee of a commune, with a monthly living expense of 240,000 VND, and three years as Chairman of the People's Committee of a commune, with a monthly living expense of 260,000 VND.

Mr. A's average monthly living expense for the last five years will be:

{(240,000 VND x 24 months) + (260,000 VND x 36 months)}: 60 months = 252,000 VND/month.

Mr. A's monthly allowance rate is:

For the first 15 years, it is calculated at 45%.

From year 16 to year 20 (5 years), an additional 5 x 2% = 10% is applied.

Total: 45% + 10% = 55%.

Mr. A's monthly allowance is:

252,000 VND/month x 55% = 138,600 VND/month.

5. Civil servants working at the commune level who have worked continuously for 15 years or more without social insurance contributions, or those who started contributing to social insurance from January 1998 onwards, when retiring at the age of 55 for men and 50 for women, shall receive monthly allowances as stipulated above. Commune-level civil servants who have received a decision for one-time allowance under Decree No. 50/CP shall not be resolved according to Decree No. 09/1998/NĐ-CP.

Specifically, state employees, military personnel, and public security officers who have retired and are still receiving pension or monthly disability benefits, if they continue working at the commune level, shall receive living expenses as prescribed in Decree No. 09/1998/NĐ-CP dated January 23, 1998, without having to contribute to social insurance, thus, upon retirement, they shall not receive monthly allowances or one-time allowances.

6. Recipients of one-time allowances:

Commune-level civil servants who do not meet the conditions for monthly allowances as stipulated in Clause 2, Part III of this Circular shall receive one-time allowances. For each year of social insurance contribution, they shall receive one month of living expenses based on their average monthly living expenses over the last five years before retirement, including any re-election allowance of 5% (if applicable). Commune-level civil servants who were working but had not been required to contribute to social insurance prior to January 1, 1998, shall also be included in the calculation of one-time allowances upon retirement.

The calculation of the average monthly living expenses over the last five years before retirement shall follow the guidelines set out in Clause 4, Part III of this Circular.

In cases where the last five years only involve one level of living expenses, the calculation of one-time allowances shall be as follows:

Example: Mr. B has contributed to social insurance for five years and receives a monthly living expense of 270,000 VND. The one-time allowance is:

5 months x 270,000 VND = 1,350,000 VND

In cases where commune-level civil servants have worked continuously for 15 years or more but do not meet the age requirement for monthly allowances and do not receive one-time allowances; they must submit a voluntary application to wait for the monthly allowance system, confirmed by the Chairman of the People's Committee of the commune, ward, town, after which the People's Committee of the commune, ward, town prepares the necessary files for the civil servant waiting for the local social insurance agency to manage, monitor, and provide monthly allowances when the age requirement is met. During the waiting period, if they continue working, the time spent working previously and subsequently will be combined for social insurance purposes. If they die during the waiting period, their relatives handling funeral arrangements will receive funeral expenses paid by the social insurance agency according to Article 5 of Decree No. 09/1998/NĐ-CP and Clause 7, Part III of this Circular.

7. Funeral expenses:

Commune-level civil servants currently working and those who have retired and are receiving monthly allowances since January 1, 1998, when they pass away, the person handling the funeral will receive funeral expenses equivalent to eight months of the minimum wage.

8. Implementation:

8.1. Responsibilities of the People's Committee of the commune include:

Preparing files to resolve social insurance benefits for commune-level civil servants, including two copies of the decision for commune-level civil servants to retire and receive monthly allowances or one-time allowances, and two copies of the declaration of work history and social insurance contributions sent to the People's Committee of the district.

If a commune-level civil servant dies, a death certificate or proof of death and a letter from the People's Committee of the district requesting resolution should be prepared.

8.2. Responsibilities of the Social Insurance Agency of Vietnam include:

Implementing the collection of social insurance, managing the social insurance fund, and paying allowances to commune-level civil servants.

Processing and issuing social insurance books for commune-level civil servants participating in social insurance and those eligible for monthly allowances; and those eligible for one-time allowances.

In cases where commune-level civil servants receiving regular allowances move to a new place of residence legally, the Social Insurance Agency of Vietnam will process the transfer of monthly allowances to the new location so that the local social insurance agency can continue to pay monthly allowances to the commune-level civil servants.

9. Forms and issuance of decisions on living expenses and accompanying benefits for commune-level civil servants.

The Chairman of the People's Committee of the province or centrally-administered city decides on the living expenses for commune-level civil servants, the living expenses according to rank and grade for four specialized positions, and the accompanying benefits for commune-level civil servants as stipulated in this Decree and Circular. The organizational bodies of the provincial or centrally-administered city government are responsible for compiling lists, monitoring the quantity and quality of commune-level civil servants, and reporting to the Government's Organizational and Cadre Department to develop annual plans.

IV. SOURCES OF FUNDS AND MANAGEMENT OF BENEFITS FOR COMMUNE-LEVEL CIVIL SERVANTS

1. Sources of funds for living expenses and accompanying benefits

The source of funds for living expenses, allowances, and funeral expenses (for elderly commune-level civil servants retiring according to Decision No. 130/CP and Decision No. 111/HĐBT of the Government) and other allowances and activity fees for commune-level civil servants shall be balanced into the commune budget from the state budget to ensure timely payment to commune-level civil servants.

The living expenses and other allowances for commune-level civil servants mentioned above shall be disbursed through the State Treasury. Each month, the Chairman of the commune must prepare a list of living expenses and a list of other allowances according to the model prescribed by the Ministry of Finance and report to the State Treasury along with the payment order for the commune finance board to directly settle with each civil servant. Monthly, quarterly, and annually, the People's Committee of the commune must prepare final reports for submission to the financial authorities and higher levels.

2. Regarding the financial sources for implementing social insurance contributions:

For civil servants working at the commune level who had not participated in social insurance before January 1, 1998, the state budget shall transfer a portion of the required funding (15% of living expenses based on the number of staff present as of December 31, 1998) into the social insurance fund to provide monthly allowances and lump-sum payments upon retirement. The Vietnam Social Security will work with the Ministry of Finance to determine the specific amount to be transferred.

In 1998, localities must prepare budgets for the increased costs resulting from the implementation of Decree No. 09/1998/NĐ-CP dated January 1, 1998, and submit them to the Ministry of Finance for additional funding consideration (see attached Tables 1, 2, and 3).

Localities must promptly prepare complete documentation to calculate the additional payment amounts for each individual. Upon receiving supplementary funds, they shall notify each commune to distribute the payments to civil servants according to the regulations and within the specified timeframe.

V. IMPLEMENTATION:

This Circular takes effect from January 1, 1998. All provisions in Circular No. 97 TTLB/TCCBCP-TC dated August 16, 1995, issued jointly by the Government Office's Organization and Cadre Department and the Ministry of Finance, which conflict with this Circular, are hereby abolished.

Provincial People's Committees and municipal people's committees directly under the central government shall base their guidance on Decree No. 09/1998/NĐ-CP dated January 23, 1998, issued by the Government, and the guiding circulars, taking into account the actual conditions of their respective localities.

During the implementation process, provinces and municipalities directly under the central government need to conduct interim reviews, observations, and evaluations of the results achieved, and report these findings to the Government's Organization and Cadre Department. Any difficulties encountered or suggestions for further improvements should be reported to the Ministry of Finance, the Ministry of Labor, Invalids, and Social Affairs, and the Government's Organization and Cadre Department for additional guidance./.