Thông tư liên tịch 34/2004/TTLT-BNV-BTC-BLDTBXH

JOINT CIRCULAR

< span="">121/2003/ND-CP OF OCTOBER 21, 2003 ON REGIMES AND POLICIES TOWARDS COMMUNE, WARD OR DISTRICT TOWNSHIP OFFICIALS AND PUBLIC EMPLOYEES

Pursuant to the Government's Decree No. 121/2003/ND-CP of October 21, 2003 on the regimes and policies towards commune, ward or district township officials and public employees (hereinafter referred to as Decree No. 121/2003/ND-CP); after reaching agreement with the Organization Commission of the Party Central Committee, the Ministry of Home Affairs, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs hereby jointly guide the implementation thereof as follows:

I. THE NUMBER OF COMMUNE-LEVEL FULL-TIME OFFICIALS AND PUBLIC EMPLOYEES

1. For communes, wards or district townships with less than 1,000 inhabitants each, no more than 17 officials and public employees shall be arranged, including the following posts:

1.1. Secretaries of Party Committees, secretaries of Party cells (for localities where Party Committees have not yet been set up);

1.2. Party Committee deputy secretaries or standing members (for localities where there are no full-time deputy secretaries in charge of Party affairs); communal Party cell deputy secretaries (for communes where communal Party Committees have not yet been set up); People's Council chairmen (concurrently held by Party Committee secretaries or deputy secretaries);

1.3. People's Council vice chairmen;

1.4. People's Committee presidents;

1.5. People's Committee vice presidents;

1.6. Presidents of Fatherland Front Committees;

1.7. Secretaries of Ho Chi Minh Communist Youth Union Organizations;

1.8. Presidents of Women's Union Organizations;

1.9. Presidents of Peasants' Association Chapters;

1.10. Presidents of War Veterans' Association Chapters;

1.11. Military commanders;

1.12. Security chiefs (for localities where the regular public-security force is not available);

1.13. Officials of the Office-Statistics Bureaus;

1.14. Officials of the Justice-Civil Status Bureaus;

1.15. Officials of the Finance-Accounting Bureaus;

1.16. Officials of the Cadastral-Construction Bureaus;

1.17. Officials of Bureaus for Culture and Social Affairs.

2. Mountainous, highland, deep-lying, remote or island communes with between 1,000 and under 5,000 inhabitants each and delta communes, wards and district townships with less than 10,000 inhabitants each, after employing officials and public employees for the posts specified at Point 1, Section I above, are entitled to additionally arrange two more commune-level full-time officials or public employees among people for the posts of People's Committee vice presidents (according to the Government's regulations for localities where two vice presidents are arranged); Office-Statistics; Culture-Social Affairs or Justice-Civil Status officials, provided that the total number of officials and public employees does not exceed 19.

3. Mountainous, highland, deep-lying, remote or island communes with 5,000 inhabitants or more each shall be entitled to arrange one more full-time official or public employee for every additional 1,500 inhabitants; while delta communes, wards or district townships with 10,000 inhabitants or more each shall be entitled to arrange one more full-time official or public employee for every additional 3,000 inhabitants, and after employing people for the posts specified at Point 1, Section I above, they may additionally arrange commune-level full-time officials or public employees among holders of the posts of People's Committee vice presidents (according to the Government's regulations for localities where two vice presidents are arranged) Office-Statistics; Culture-Social Affairs, Cadastral-Construction; Finance-Accounting or Justice-Civil Status officials, provided that the total number of officials and public employees does not exceed 25.

4. The additional arrangement of commune-level full-time officials and public employees corresponding to population increases:

For localities where commune-level full-time officials or public employees are additionally arranged, two or three full-time officials or public employees may be arranged for one post. Provincial-level People's Committee presidents shall base themselves on Clause 1, Clause 2, Article 3 of Decree No. 121/2003/ND-CP and the above guidance to decide on posts of commune-level full-time officials or public employees to be additionally arranged, and concurrently guide the assignment of specific tasks to them suitable to the characteristics, requirements and tasks of their respective localities.

II. SALARY REGIMES FOR COMMUNE-LEVEL FULL-TIME OFFICIALS

1. Principle for ranking and grading salaries of commune-level full-time officials

1.1. Their salaries shall be ranked and graded according to their incumbent full-time posts. For those assigned to hold concurrently many full-time posts, their salaries shall be ranked and graded according to the full-time posts with the highest salary level.

1.2. When they no longer hold full-time posts, their salaries and re-election allowances (if any) shall be kept intact (reserved) for 6 months, then they shall enjoy salaries ranked and graded according to their new jobs.

If they quit their full-time posts to take up other jobs with higher salary levels, they shall immediately enjoy such higher salary levels.

If they, before holding commune-level full-time posts, were commune-level public employees, and when leaving such full-time posts they return to their former ranks, the period of holding full-time posts shall be counted for grading seniority salaries according to the salary rank of commune-level public employees.

2. To entitle commune-level full-time officials (including posts additionally arranged corresponding to population increase) to the post-based salary coefficients

According to the posts of commune-level full-time officials specified in Clause 1, Article 2 of Decree No. 121/2003/ND-CP the commune-level full-time officials shall be entitled to the following post-based salary coefficients:

2.1. For secretaries of the commune-level Party Committees or Party cells (for communes where commune-level Party Committees have not yet been set up): Coefficient of 2.0 of the minimum salary;

2.2. For deputy secretaries of the commune-level Party Committees or Party cells (for communes where the commune-level Party Committees have not yet been set up), chairmen of the People's Councils and presidents of the People's Committees: Coefficient of 1.9 of the minimum salary;

2.3. For vice chairmen of the People's Councils, vice presidents of the People's Committees and Party Committee standing members (for localities where there are no full-time deputy secretaries in charge of Party affairs), and presidents of Fatherland Front Committees: Coefficient of 1.8 of the minimum salary;

2.4. For secretaries of Ho Chi Minh Communist Youth Union organizations, presidents of Women's Union organizations, presidents of Peasants' Association chapters, presidents of War Veterans' Association chapters, and members of the People's Committees: Coefficient of 1.7 of the minimum salary.

3. In cases where the commune-level public employees are elected to the posts of full-time officials, defined in Clause 1, Article 2 of Decree No. 121/2003/ND-CP if their salaries ranked and graded according to the elected posts are lower than their previous salaries of public employees, they shall enjoy the post-based salaries and have their coefficient of difference between their respective public employee salaries and post-based salaries reserved. The duration for reserving the difference coefficient shall be the whole period they hold the elected posts.

4. If commune-level full-time officials are re-elected to the same posts or elected to other posts among the posts of full-time officials, they shall enjoy an additional monthly allowance equal to 5% of the salaries of their incumbent posts (hereinafter called re-election allowance) as from the 61st month as from the time of being elected to hold the first-term posts according to the Government's Decree No. 09/1998/ND-CP of January 23, 1998 (hereinafter referred to as Decree No. 09/1998/ND-CP for short) or Decree No. 121/2003/ND-CP The monthly re-election allowance level of 5% shall be stable throughout the re-elected post-holding period.

III. SALARY REGIME APPLICABLE TO COMMUNE-LEVEL PUBLIC EMPLOYEES

Commune-level public employees specified in Clause 2, Article 2 of Decree No. 121/2003/ND-CP (including those additionally arranged according to population increase) shall enjoy the salary regime prescribed in Decree No. 25/CP of May 23, 1993 as follows:

1. Principle for ranking and grading salaries for commune-level public employees:

1.1. Commune-level public employees who have university or higher degrees suitable to the professions of their incumbent posts shall enjoy salaries ranked and graded according to the table of administrative salaries, specialist's rank (code 01.003) as for public employees of specialist's rank at the district or higher level.

1.2. Commune-level public employees who have the immediate training degree suitable to the professions of their incumbent posts shall enjoy salaries ranked and graded according to the table of administrative salaries, junior staff's rank (code 01.004).

For those recruited for the first time and having collegial degree suitable to the professions of their incumbent posts, they shall, after the probation period, enjoy the second grade of junior staff's rank (and during the probation period, enjoy a given percentage of the second grade of junior staff's rank).

1.3. Commune-level public employees who have the primary training degree suitable to the professions of their incumbent posts shall enjoy salaries ranked and graded according to the table of administrative salaries, clerical staff's rank (code 01.008).

1.4. The subjects specified at Points c, d, e, f and g, Clause 2, Article 2 of Decree No. 121/2003/ND-CP who are working but have not yet graduated from any professional training courses as prescribed for the incumbent posts, shall enjoy the salary equal to 1.09 of the minimum salary till December 31, 2006; then later, if they fail to satisfy the criteria prescribed in Decision No. 04/2004/QD-BNV of January 16, 2004 of the Minister of Home Affairs promulgating the specific criteria for commune, ward or district township officials and public employees, the commune-level People's Committees shall request the presidents of the district-level People's Committees to consider and decide on each case.

1.5. Commune-level public employees, who acquire new professional degrees or diplomas after being sent for training under decisions of competent agencies or organizations, shall enjoy salaries ranked and graded according to their new professional degrees. The duration for the next salary raise shall be counted from the date they get new degrees or diplomas. Agencies and organizations competent to manage such public employees must bear responsibility for their decisions on salary ranking according to this regulation.

2. To entitle commune-level public employees who have been professionals enjoying cost-of-living allowances under Decree No. 09/1998/ND-CP to the professional ranks and grades:

The period when the commune-level public employees enjoy the cost-of-living allowances under Decree No. 09/1998/ND-CP counting up to November 1, 2003 (the date the regimes and policies provided for in this Circular start to be applied), shall serve as basis for the entitlement of salary ranks and grades as follows:

2.1. In cases where commune-level public employees enjoy salaries according to specialists' rank:

a/ If they have enjoyed the cost-of-living allowance (according to the public employees' ranks and grades) for less than 3 years (less than 36 months), the salary ranks and grades they currently enjoy shall be kept intact. The duration for the next salary grade raise shall be counted from the date of enjoying the cost-of-living allowance.

b/ If they have enjoyed the cost-of-living allowance (according to the public employees' ranks and grades) for full 3 years (full 36 months) or more, they shall enjoy the salary grade immediately above the grades they currently enjoy (if it is not the highest grade in the rank). The duration for the next salary grade raise shall be counted from November 1, 2003.

2.2. In cases where commune-level public employees enjoy salaries according to junior staff's rank or clerical staff's rank:

a/ If they have enjoyed the cost-of-living allowance (according to the public employees' ranks and grades) for less than 2 years (less than 24 months), the salary ranks and grades they currently enjoy shall be kept intact. The duration for the next salary grade raise shall be counted from the date of enjoying the cost-of-living allowance.

b/ If they have enjoyed the cost-of-living allowance (according to the public employees' ranks and grades) for full 2 years (full 24 months) or more, they shall enjoy the salary grade immediately above the grades they currently enjoy (if it is not the highest grade in the rank). The duration for the next salary grade raise shall be counted from November 1, 2003.

3. To entitle commune-level public employees who have been commune-level full-time officials to the professional ranks and grades:

3.1. In cases where they, before holding commune-level full-time posts, were professionals under Decree No. 09/1998/ND-CP or commune-level public employees under Decree No. 121/2003/ND-CP their salaries and re-election allowances (if any) shall be reserved after they leave the full-time posts according to the provisions in Paragraph 1.2, Point 1, Section II above. After the reservation period, they shall enjoy salaries ranked and graded as follows:

a/ If they obtain no new professional training degrees or diplomas, the professional salary ranks and grades they have enjoyed before holding the elected posts and the period of holding the elected posts shall serve as basis for entitling them to the salary grades in compliance with the regulations on the duration counted for raising salary grades applicable to commune-level public employees prescribed in this Circular.

b/ If they obtain new professional degrees or diplomas after being sent for training under decisions of competent agencies and organizations, they shall enjoy salaries ranked and graded according to the principles prescribed in Paragraph 1.5, Point 1, Section III above.

3.2. In cases where they, before holding commune-level full-time posts, were neither professionals under Decree No. 09/1998/ND-CP nor commune-level public employees under Decree No. 121/2003/ND-CP their present professional degrees or diplomas shall serve as basis for entitling them to the starting grade according to the training level as prescribed at Point 1, Section III above (without going through the probation period), then the time they acquire their professional degrees or diplomas shall be counted to entitle them to appropriate salary grades as follows:

a/ In cases where they obtain their professional degrees or diplomas before holding the elected posts, the duration for salary grade raise (above the starting grade according to their training levels) shall be counted from the date of taking up the elected posts.

b/ In cases where they obtain their professional degrees or diplomas while holding the elected posts, the duration for salary grade raising (above the starting grade according to their training levels) shall be counted from the date of acquiring such professional degrees or diplomas.

4. Salary regime applicable to commune-level public employees on probation

Commune-level public employees who are on probation shall enjoy 85% of the starting salary grade according to the professional degrees of the recruited public employees' ranks. Public employee probationers in highland, deep-lying, remote, border or island communes shall enjoy 100% of the starting salary grade according to the professional degrees of the recruited public employees. The probation period shall not be counted into the duration for seniority-based salary grade raise.

5. The regime of regular salary grade < p="">

Commune-level public employees, who fully meet the condition on the period of 3 years (full 36 months) holding a salary grade, for those enjoying salaries of specialists' rank, and 2 years (full 24 months) for those enjoying salaries of junior staff's rank or clerical staff's rank, and concurrently fully satisfy the following two criteria throughout the period of enjoying the present salary grade, shall have their salary raised by one grade (if it is not the highest grade in the rank):

- Accomplishing all assigned tasks;

- Not being imposed with such disciplinary forms as reprimand, caution, salary degradation or court's penalty.

In cases where commune-level public employees are imposed with one of the disciplinary forms of reprimand, caution, salary degradation or court's penalty, the salary grade-raising duration shall be prolonged for one more year (full 12 months).

IV. SOCIAL INSURANCE AND MEDICAL INSURANCE REGIMES APPLICABLE TO COMMUNE-LEVEL FULL-TIME OFFICIALS AND PUBLIC EMPLOYEES

1. Commune-level full-time officials and public employees shall enjoy the social insurance regime according to the Social Insurance Regulation promulgated together with the Government's Decree No. 12/CP of January 26, 1995 and Decree No. 01/2003/ND-CP of January 9, 2003 amending and supplementing a number of the Social Insurance Regulation promulgated together with Decree No. 12/CP of January 26, 1995, and the medical insurance regime according to the Medical Insurance Regulation promulgated together with the Government's Decree No. 58/1998/ND-CP of August 13, 1998, including the following regimes: illness allowance, pregnancy and maternity allowance, labor accident allowance, retirement regime, death allowance, convalescence, health recuperation and medical insurance regimes.

2. Social insurance premiums shall be equal to 20% of the monthly salaries, including: salary levels according to ranks, grades and posts; the re-election allowance and reserved difference coefficient (if any) of commune-level full-time officials or public employees, of which commune-level full-time officials and public employees shall pay 5%, while their employers (the commune-level People's Committees) shall pay 15%.

Medical insurance premiums shall be equal to 3% of the monthly salaries, including: salary levels according to ranks, grades and posts; the re-election allowance and reserved difference coefficient (if any) of commune-level full-time officials or public employees, of which commune-level full-time officials or public employees shall pay 1%, while their employers (the commune-level People's Committees) shall pay 2%.

< span="">3. Commune-level full-time officials, when leaving the posts specified in Clause 1, Article 2 of Decree No. 121/2003/ND-CP and having paid social insurance premiums for full 10 years or more but still having 5 years at most to reach the prescribed retirement age, who have not yet received social insurance lump-sum allowances and voluntarily continue paying monthly social insurance premiums equal to 15% of monthly salaries they enjoy before leaving their posts to the social insurance bodies in the localities where they reside until they get the full duration of paying social insurance premiums and reach the retirement age, shall be entitled to the pension regime.

4. For commune-level full-time officials and public employees, who had paid social insurance premiums under Decree No. 09/1998/ND-CP and then continued to pay social insurance premiums under Decree No. 121/2003/ND-CP and the guidance in this Circular, the working period with the social insurance premium payment under Decree No. 09/1998/ND-CP shall be aggregated with the working period with social insurance premium payment under Decree No. 121/2003/ND-CP for calculating and enjoying social insurance regimes.

5. Method of calculating average monthly salary level as basis for payment of social insurance premiums, which shall serve as basis for calculating monthly pension or social insurance lump-sum allowances, shall be as follows:

5.1. For commune-level full-time officials and public employees who pay social insurance premiums according to the salaries prescribed in Decree No. 121/2003/ND-CP and the guidance in this Circular, their average monthly salaries calculated as basis for payment of social insurance premiums in the last 5 years, including re-election allowance and reserved difference coefficient (if any), shall be used for calculating pensions or social insurance lump-sum allowances;

5.2. For commune-level full-time officials and public employees who have paid social insurance premiums for a period according to the cost-of-living allowance levels for the posts prescribed in Decree No. 09/1998/ND-CP and for another period according to their salary levels prescribed in Decree No. 121/2003/ND-CP and the guidance in this Circular, the average cost-of-living allowance and monthly salaries calculated as basis for payment of social insurance premiums in the last 5 years shall be used for calculating pensions or social insurance lump-sum allowances.

6. Commune-level full-time officials and public employees, who currently enjoy pensions or working capacity loss allowances, allowances for diseased soldiers of grade 1 or grade 2, shall enjoy 100% of the post-based salaries prescribed in Decree No. 121/2003/ND-CP till December 31, 2004, and from January 1, 2005 shall enjoy 40% of the post-based salaries prescribed in Decree No. 121/2003/ND-CP shall not have to pay social insurance and medical insurance premiums, but when they leave their jobs, they shall not enjoy social insurance regimes prescribed in this Circular.

7. Commune-level full-time officials and public employees, who are currently enjoying the regimes prescribed for war invalids of various grades or diseased soldiers of grade 3 (other than those enjoying the regimes prescribed at Point 6, Section IV above), shall enjoy 100% of the salaries paid according to their incumbent posts, and be entitled to pay social insurance and medical insurance premiums and enjoy insurance and medical insurance regimes.

8. Commune, ward or district township officials, who have worked and paid social insurance premiums under Decree No. 09/1998/ND-CP and are now no longer subject to the compulsory social insurance under Decree No. 121/2003/ND-CP when leaving their jobs, shall be entitled as follows:

8.1. Men aged full 55 years and women aged full 50 years and having worked continuously for 15 years or more and paid social insurance premiums for full 15 years or more shall enjoy the monthly allowance regime.

The monthly allowance level for the first 15 years shall be equal to 45% of the average cost-of-living allowance level of the last 5 years before retirement; from the 16th year on, for each year of working and paying social insurance premiums, 2% more shall be added but the highest allowance level must not exceed 75% of the average cost-of-living allowance level of the last 5 years before retirement.

8.2. Those having not yet paid social insurance premiums for full 15 years in a row, when leaving their jobs, shall enjoy lump-sum allowances, with one month's cost-of-living allowance averagely calculated for the last 5 years before retirement being paid for each working year;

8.3. Those having paid social insurance premiums for full 15 years or more in a row but not yet reaching the age for enjoying the monthly allowance, refusing to enjoy lump-sum allowances, and having filed applications voluntarily awaiting the entitlement of the monthly allowance regime, which are certified by the People's Committees of communes, wards or district townships, shall be allowed to retire and wait till they reach the age of 55 years for men or 50 years for women for enjoying such monthly allowance according to the provisions at Point 8.1., Section IV above. The People's Committees of communes, wards or district townships shall have to compile complete dossiers as for those fully meeting the conditions for enjoying the monthly allowance, then send them to the local social insurance agencies for management, monitoring and payment of monthly allowances as soon as they reach the prescribed age.

9. Commune-level full-time officials and public employees who, during the period between November 1, 2003 and July 1, 2004, have not enjoyed salaries and paid social insurance premiums according to Decree No. 121/2003/ND-CP when leaving their jobs, shall be entitled to the regimes according to Point 8, Section IV above.

V. ALLOWANCE REGIME FOR COMMUNE-LEVEL PART-TIME OFFICIALS, OFFICIALS IN VILLAGES AND POPULATION QUARTERS

1. Commune-level part-time officials, officials in villages and population quarters shall enjoy the monthly allowance regime.

2. The provincial-level People's Committees shall base themselves on Article 7 of Decree No. 121/2003/ND-CP to prescribe the number of, and monthly allowance levels for, the above-said part-time officials, ensuring the following requirements:

2.1. Arranging officials only to vacant jobs;

2.2. Allowance levels must be based on the workloads and characteristics of jobs and the local budgets' capability to appropriately pay therefor.

3. The presidents of the provincial-level People's Committees shall base themselves on the workloads and characteristics of jobs as well as the capability of the local budgets to prescribe the appropriate allowance levels for the chairmen of the Red Cross Society and the Aged People's Society, ensuring their compatibility with the titles of other mass organizations' officials.

VI. FUNDING SOURCE FOR IMPLEMENTATION OF THE REGIMES AND POLICIES

The funding source for implementation of regimes and policies for commune-level officials and public employees, part-time officials working in communes, wards or district townships and village or population quarter officials shall be covered by the local budgets according to the provisions of the State Budget Law and the legal documents guiding the State Budget Law currently in force.

VII. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in the Official Gazette and replaces Joint Circular No. 99/1998/TT-LT of May 19, 1998 of the Government Commission for Organization and Personnel, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of the Government's Decree No. 09/1998/ND-CP of January 23, 1998 amending and supplementing the Government's Decree No. 50/ND-CP of July 26, 1995 on the cost-of-living allowance regime for commune, ward or district township officials.

2. The regimes and policies for < p="">

3. The provincial-level People's Committees shall base themselves on the Government's Decree No. 121/2003/ND-CP of October 21, 2003 prescribing the regimes and policies for commune, ward or district township officials and public employees and this Circular as well as the practical situation of their respective localities to guide the implementation. Any problems arising in the course of implementation should be reported to the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Home Affairs for additional guidance.