Nghị định 66/2013/ND-CP

DECREE

PROVIDING FOR THE BASIC WAGE LEVEL FOR CADRES, CIVIL SERVANTS, PUBLIC EMPLOYEES AND ARMED FORCES

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Labor Code dated June 18, 2012;

Pursuant to the Resolution No. 32/2012/QH13 dated November 10, 2012 of National Assembly on State budget estimates in 2013;

At the proposal of the Minister of Internal Affairs and the Minister of Finance;

The Government promulgates the Decree providing for the basic wage level for cadres, civil servants, public employees and armed forces,

Article 1. Scope of regulation

This Decree regulates the basic wage level applied to cadres, civil servants, public employees, persons enjoyed wage, allowance and employees (hereinafter referred to as persons enjoyed wage, allowance) working in agencies, organizations, non-business units of the Party, State, socio-political organizations and associations with specific charateristics at Central level, in central-affiliated cities and provinces, in districts, towns, cities under province (district level), in communes, wards and townships (communal level) and in armed forces. 

Article 2. Subjects of application

Persons enjoyed wage, allowance specified in Article 1 of this Decree include:

1. Cadres, civil servants at from Central level to district level specified in clause 1 and clause 2 Article 4 of the 2008 Law on cadres, civil servants;

2. Cadres, civil servants at communal level specified in clause 3 Article 4 of the 2008 Law on cadres, civil servants;

3. Public employees in public non-business units as prescribed in the 2010 Law on public employees;

4. Persons working under the labor contractual regime in agencies, units of the Party, State, socio-political organizations as prescribed in the Government’s Decree No. 68/2000/ND-CP dated November 17, 2000, on the application of the contractual regime to a number of jobs in the state administrative agencies and public-service units; 

5. Persons working under the labor contractual regime in public non-business units according to decision of the Prime Minister;

6. Persons working within payroll criterion being allocated from the State budget in associations with specific characteristics specified in the Government’s Decree No. 45/2010/ND-CP dated April 21, 2010, providing the organization, operation and state management of associations;

7. Officers, professional military persons, non-commissioned officers, obligation soldiers and workers, public employees of Defense, contractual employees in the Vietnam People’s Army;

8. Officers, non-commissioned officers enjoyed wage, non-commissioned officers, soldiers in a term serve; workers, public security personnel and contractual employees under the people's Public Security;

9. Persons working in cipher organizations;

10. Persons operating on a part-time basis at communal level, in hamlet and in residential group.

Article 3. The basic wage level

1. The basic wage level shall be used as grounds:

a) To calculate wage levels in wage scales, the allowance levels and to perform other regimes as prescribed by law for subjects specified in Article 2 of this Decree;

b) To calculate the operational charges as prescribed by law;

c) To calculate the deductions and the regimes enjoyed under the basic wage level.

2. From July 01, 2013, the basic wage level shall be 1,150,000 VND/month.

3. The basic wage level may be adjusted on the basis of ability of the State budget, indexes of consumption prices and economic growth rate of country.

Article 4. Funding for implementation

1. Using 10% of saved regular expenditures (except for wage and payments of wage nature) in accordance with the estimates in 2013 allocated by competent authorities to administrative agencies and non-business units.

2. Using at least 40% of revenues from charges and fees allowed retaining according to the 2013 regime of administrative agencies and public non-business units; and for revenues from services, using at least 40% of differences between revenue and expenditure from service operation. Especially for non-business units of health sector, using at least 35% of revenues that are retained under regime (after deducting expenses for medicines, blood, infusion, chemicals, consumable and replacing supplies).

3. Using 50% of increased revenues of local budget, exclusive of increased revenue from land use levies (including 50% of increased revenues implemented in comparison with the 2012 revenue estimate as assigned by the Prime Minister and 50% of increased revenues estimated for 2013 in comparison with the 2012 revenues estimate as assigned by the Prime Minister).

4. The funding sources for the wage reform that are residual at the end of 2012 of administrative agencies, non-business units and local budgets at all levels.

5. The central budget shall provide additional funding source for implementation of the basic wage level in case where Ministries, central agencies, provinces and centrally run cities, that have complied with clauses 1, 2, 3, 4 of this Article, but funding is still insufficient.

6. The central budget shall support for difficulty-hit localities which have not yet balanced sources to assure for increased allowance fund due to implementation of the basic wage level specified in this Decree according to a package level of allowance fund for persons operating on a part-time basis at communal level, in hamlets, residental groups specified in the Government’s Decree No. 29/2013/ND-CP dated April 08, 2013 amending and supplementing a number of articles of the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009, on positions, quantity, some regimes and policies for cadres and civil servants in communes, wards and townships and persons operating on a part-time basis at communal level.

Article 5. Effect

1. This Decree takes effect on August 15, 2013.

2. The basic wage level specified in this Decree shall be applicable from July 01, 2013 and replaces the general minimum wage specified in documents on wage regime and other regimes involving wage of competent agencies.

Article 6. Responsibilities for guidance and implementation

1. The Minister of Internal Affairs guiding implementation of provisions in this Decree for subjects enjoying wage, allowance in agencies, organizations and units or the Party, State, socio-political organizations and associations with specific characteristics 

2. The Minister of National Defense, the Minister of Public Security shall, after reaching uniform with the Minister of Internal Affairs, guide implementation of provisions in this Decree for subjects within their management. 

3. The Minister of Finance shall:

a) Guide determination of demand, source and method for expenditures to implement the basic wage level specified in this Decree.

b) Appraise and provide additional funding for implementation of the basic wage level to Ministries, central agencies, provinces and centrally-run cities as prescribed in clause 5 Article 4 and implement supplementation with target to difficulty-hit localities specified at Clause 6, Article 4 of this Decree; and at the end of year, sum up and report the implementation result to the Prime Minister.

4. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, and Chairpersons of provincial-level People’s Committees shall implement this Decree.