CIRCULAR

ON GUIDELINES FOR EMPLOYEES ON PAYROLL IN BODIES, ORGANIZATIONS AND AGENCIES OF THE VIETNAM COMMUNIST PARTY AND THE GOVERNMENT, AND POLITICAL OR SOCIAL ORGANIZATIONS AND ASSOCIATIONS

Pursuant to Government's Decree No. 34/2017/ND-CP dated April 3, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Home Affairs;

Pursuant to Clause 1 Article 6 of Government's Decree No. 72/2018/ND-CP dated May 15, 2018 on statutory pay rate for public officials and public employees and armed forces’ personnel;

At the request of Director of Wage Department;

The Minister of Home Affairs promulgates a Circular on guidelines for statutory pay rate for employees on payroll in bodies, organizations and agencies of the Vietnam Communist party and the Government, and political or social organizations and associations.

Article 1. Regulated entities

1. Public officials on payroll of state budget working in the Communist Party agencies, regulatory bodies, socio-political organizations in central echelon; in provinces and central-affiliated cities (hereinafter referred to as provinces), in suburban districts, urban districts, district-level towns, provincial-affiliated cities, cities affiliated to central-affiliated cities (hereinafter referred to as districts); in special economic zones (SEZs).

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3. Public officials and public employees who are rotated or on secondment to associations, non-governmental organizations, projects and international organizations and agencies based in Vietnam subject to decisions of competent authorities.

4. Public officials of communes, wards and towns and part-time workers in communes and villages and neighborhoods prescribed in Government's Decree No. 92/2009/ND-CP dated October 22, 2009 on positions, number, and certain policies for public officials of communes, wards and towns and part-time workers in communes (amended at Government's Decree No. 29/2013/ND-CP dated April 8, 2013).

5. People’s Council deputies who receive remunerations as per the law in force.

6. Employees in cryptography organizations.

7. The following entities shall also be regulated by this Circular when having their amount of contribution to social insurance and benefits determined and having their salary-based benefits processed as per the law:

a) Public officials and public employees who have attended educational institutions, have been on probation or business, and have received treatment or nursing locally or abroad on the payroll of the Communist Party agencies, regulatory bodies, socio-political organizations, public sector entities and state-funded associations;

b) Persons who have been in a period of apprenticeship or probation (including public employee apprentices of commune) in the Communist Party agencies, regulatory bodies, socio-political organizations, public sector entities and state-funded associations;

c) Public officials and public employees who have been suspended from work or held in custody;

d) Entities working in Communist Party agencies, regulatory bodies, socio-political organizations, public sector entities and state-funded associations who are eligible for concluding labor contracts under the payroll issued together with Government's Decree No. 204/2004/ND-CP dated December 14, 2004 on pay regime for public officials and public employees and the armed forces.

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1. Socio-political organizations prescribed in this Circular are organizations prescribed in Article 1 of Decision No. 128-QD/TW dated December 14, 2004 of Secretariat of the Communist Party of Vietnam on pay regime for public officials and public employees of Communist Party agencies, Fatherland Front and associations.

2. State-funded associations mentioned in this Circular are associations prescribed in Government's Decree No. 45/2010/ND-CP dated April 21, 2010 on organization, operation and management of associations and Decision No. 68/2010/QD-TTg dated November 1, 2010 of the Prime Minister on special associations.

3. Agencies, organizations and associations prescribed in this Circular are hereinafter referred to as agencies.

Article 3. Calculation of amount of pay, allowance and remuneration

1. With regard to public officials and public employees and employees prescribed in Clauses 1, 2, 3 and 4 Article 1 hereof:

Amount of pay, allowance and compensating wage differential (if any) shall be calculated according to current pay coefficient and allowance prescribed in documents of competent authorities of the Communist Party on pay regime for public officials and public employees and the armed forces’ personnel, and statutory pay rate prescribed in Government's Decree No. 72/2018/ND-CP dated May 15, 2018 on statutory pay rate for public officials and public employees and armed forces’ personnel (hereinafter referred to as Decree No. 72/2018/ND-CP) as follows:

a) Formula for calculating amount of pay:

Amount of pay effective from July 1, 2018

=

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x

Current pay coefficient

b) Formula for calculating amount of allowance:

- In case of allowance calculated according to statutory pay rate:

Amount of allowance effective from July 1, 2018

=

Statutory pay rate VND 1,390,000 per month

x

Current allowance coefficient

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Amount of allowance effective from July 1, 2018

=

Amount of pay effective from July 1, 2018

+

Amount of leadership allowance effective from July 1, 2018 (if any)

+

Amount of extra-seniority allowance effective from July 1, 2018 (if any)

x

Rate of current allowance as prescribed

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c) Formula for calculating compensating wage differential (if any):

Amount of compensating wage differential effective from July 1, 2018

=

Statutory pay rate VND 1,390,000 per month

x

Current compensating wage differential (if any)

2. With regard to People’s Council deputies prescribed in Clause 5 Article 1 hereof:

The amount of remuneration paid to People's Council deputies prescribed laws and regulations in force shall be calculated according to the remuneration coefficient as follows:

Amount of remuneration effective from July 1, 2018

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Statutory pay rate VND 1,390,000 per month

x

Remuneration coefficient as prescribed

3. With regard to part-time workers in communes, villages and neighborhoods prescribed in Clause 4 Article 1 hereof:

From July 1, 2018, the fund for allowance allocated by central budget shall be a fixed amount for each commune, village or neighborhood as prescribed in Clause 3 and Clause 4 Article 1 of Decree No. 29/2013/ND-CP dated April 8, 2013 based on the statutory pay rate VND 1,390,000 per month. Specific regulation on the allowance for these entities are regulated in Clause 5 Article 1 of Decree No. 29/2013/ND-CP.

4. With regard to employees in cryptography organizations prescribed in Clause 6 Article 1 hereof:

a) Employees in cryptography organizations within its scope of management of the Ministry of National Defense and the Ministry of Public Security shall be regulated by the Minister of National Defense and the Minister of Public Security;

b) Employees in cryptography organizations of the Communist Party agencies, regulatory bodies, socio-political organizations (beyond the scope of management of the Ministry of National Defense and the Ministry of Public Security) shall have their amount of pay, allowance and compensating wage differential (if any) calculated as prescribed in Clause 1 Article 3 hereof.

Article 4. Entry in force

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2. The amount of pay, allowance (including compensating wage differential, (if any) and remuneration of entities prescribed in Article 1 hereof shall be calculated based on the statutory pay rate VND 1,390,000 from July 1, 2018.

3. This Circular supersedes Circular No. 02/2017/TT-BNV dated May 12, 2017 of the Minister of Home Affairs on guidelines for statutory pay rate for employees on payroll in bodies, organizations and agencies of the Vietnam Communist party and the Government, and political or social organizations and associations.

4. Withholding payments and benefits determined based on the statutory pay rate shall be re-calculated from July 1, 2018.

Article 5. Implementation

1. The heads of superior agencies of employees on payroll and receiving remunerations as prescribed in Article 1 hereof shall, according to number thereof until July 1, 2018, calculate employees’ amounts of pay, allowance, compensating wage differential (if any) and remunerations as prescribed in this Circular.

2. The need, sources and payment methods according to statutory pay rate as prescribed in Decree No. 72/2018/ND-CP shall be determined according to guidelines of the Minister of Finance.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Home Affairs for consideration./.

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Thông tư 06/2018/TT-BNV hướng dẫn thực hiện mức lương cơ sở đối với các đối tượng hưởng lương, phụ cấp trong các cơ quan, tổ chức, đơn vị sự nghiệp công lập của Đảng, Nhà nước, tổ chức chính trị - xã hội và hội do Bộ trưởng Bộ Nội vụ ban hành