Nghị định 76/2019/NĐ-CP chính sách với cán bộ, công chức ở vùng có điều kiện đặc biệt khó khăn

DECREE

On policies towards officials, public servants, public employees, laborers and wage earners in the armed forces, working in areas with exceptionally difficult socio-economic conditions

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on cadres and civil servants dated November 13, 2008;

Pursuant to the Law on Public Officials dated November 15, 2010;

Pursuant to the Law on Education dated November 25, 2009;

At the request of the Minister of Home Affairs;

The Government promulgates a Decree on policies for cadres, civil servants, public employees, laborers and wage earners in the armed forces working in regions of exceptionally difficult socio-economic conditions.

Article 1. Scope of adjustment

1. This Decree prescribes policies for officials, public servants, public employees, laborers and wage earners in the armed forces (People s Army, People s Police and cipher) working in regions of exceptionally difficult socio-economic conditions, including: HR attraction allowance; seniority allowances; first-time allowance; allowances for buying and transporting fresh and clean water; all-in-one allowance when shifting the work out of exceptionally difficult socio-economic conditions or when retiring; payment of traveling fare; allowances for visiting, studying and fostering professional knowledge and skills; preferential allowances as per occupation; itinerant allowances and ethnic minority language teaching allowances for teachers and educational management officials.

2. Regions of exceptionally difficult socio-economic conditions prescribed in Clause 1 of this Article are inclusive of:

a) Truong Sa, Hoang Sa island districts and Southern continental shelf;

b) Communes of Region III belonging to ethnic minority areas, mountainous areas and exceptionally difficult island communes under the Prime Minister s Decision;

c) Small villages, highland villages, hamlets, mountain village, villages, Khmer village, group of Khmer villages, etc. (collectively referred to as hamlets) which has exceptionally difficult condition as per the Prime Minister s Decision.

Article 2. Subjects of application

Officials, public servants, public employees, laborers in agencies, organizations, units of the Party, State, socio-political organizations from the central to communal, ward and township levels (hereinafter are collectively referred to as commune level) and the wage earners of the armed forces (including the case of mobilization, secondment, rotation and indiscrimination between the local people and the people from other places), have been graded with salary according to the payroll issued by the competent agencies the Party and the State, are working and coming to work in regions of exceptionally difficult socio-economic conditions, including:

1. Officials, public servants, public employees (including apprentices) in agencies, organizations and non-productive units of the Party, the State and socio-political organizations from the central to the commune levels;

2. Persons working under labor contract regimes in agencies, units of the Party, State, socio-political organizations prescribed in Decree No.68/2000/ND-CP of November 17, of the year 2000 of the Government on the implementation of the contractual regime of a number of jobs in state administrative agencies, non-productive units and the Government s Decree No.161/2018/ND-CP of November 29, 2018, modifying and supplementing a number of provisions on recruiting civil servants and public employees, raising public servants ranks, promoting public servants and implementing contractual regimes of some types of jobs in state administrative agencies and public non-productive units up;

3. Officers, professional serviceman, national defense workers and employees, contractual laborers enjoying salaries from the state budget of the Vietnam People s Army;

4. Officers and non-commissioned officers enjoying salaries, police workers and contractual laborers enjoying salaries from the state budget under the People s Public Security Forces;

5. Persons working in cipher organizations;

6. People working on the norms of civil servant in associations funded by the state budget to operate in accordance with the Government s Decree No.45/2010/ND-CP of April 21, 2010, defining the organization, operation and management of associations and the Government s Decree No.33/2012/ND-CP of April 13, 2012 amending and supplementing a number of articles of Decree No.45/2010/ND-CP of January 21, 2012 In 2010, the Government stipulates the organization, operation and management of associations.

Article 3. Principles of application

1. Officials, public servants, public employees, laborers and wage earners  in the armed forces who are subject to the policies specified in this Decree and at the same time, are subject to  subject to the policies of the same kind prescribed in other legal documents shall only enjoy the highest level of such policy.

2. In case of retirement, demobilization, home returning, resignation or shifting work out of regions of exceptionally difficult socio-economic conditions (or the workplace is decided by competent authorities to be no longer in regions of exceptionally difficult socio-economic conditions), shall no longer enjoy from the benefits and allowances specified in this Decree from the date of retirement, demobilization, returning, resignation or shifting of job out of regions of exceptionally difficult socio-economic conditions (or workplaces which are decided by competent authorities to be no longer regions of exceptionally difficult socio-economic conditions), except for the cases specified in Article 8  of this Decree.

Article 4. HR attraction allowance

The subjects defined in Article 2 of this Decree are entitled to a HR attraction allowance equal to 70% of the current salary (according to the payroll prescribed by the Party and State competent authorities) plus the leading position allowance; allowance for excessive frame seniority (if any), applicable to the actual working period in regions of exceptionally difficult socio-economic conditions not exceeding 05 years (60 months).

Article 5. Seniority allowances in regions of exceptionally difficult socio-economic conditions

The subjects defined in Article 2 of this Decree shall enjoy a monthly allowance based on the basic salary and the actual working period in regions meeting of exceptional socio-economic difficulties as follows:

1. The level of 0.5 is applicable to people who have actually worked in regions of exceptionally difficult socio-economic conditions from full 5 years to less than 10 years;

2. The level of 0.7 is applicable to people who have actually worked in regions of exceptionally difficult socio-economic conditions from full 10 years to less than 15 years;

3. Level of 1.0 is applicable to people who have actually worked in regions of exceptionally difficult socio-economic conditions from full 15 years or longer.

Article 6. Allowance in case of assuming tasks for the first time in regions of exceptionally difficult socio-economic conditions

The subjects specified in Article 2 of this Decree, when assuming tasks for the first time at agencies, organizations or units of regions of exceptionally difficult socio-economic conditions, are entitled to the following allowance:

1. The initial allowance which is equal to 10 months basic salary at the time of assuming tasks in regions of exceptionally difficult socio-economic conditions.

2. In cases of being accompanied by family to come to work together in an area of exceptionally difficult socio-economic conditions, in addition to the first-time allowance, the following allowances shall also be given:

a) Traveling fares and luggage costs for accompanying family members according to the actual fares, charges of public transport or payment according to the presumptive rate on the basis of the actual kilometers traveled, multiplied by unit prices of common public transport (ships, boats, passenger cars);

b) 12-month basic salary allowance for households.

3. Allowances specified in Clauses 1 and 2 of this Article shall be paid by agencies, organizations and units that assign works, in regions of exceptionally difficult socio-economic conditions and paid right after the employees assume task and paid all in once for the total actual working time in an area of exceptionally difficult socio-economic conditions.

Article 7. Subsidy for the purchase and transportation of clean and fresh water

1. Subjects defined in Article 2 of this Decree, who work in regions of exceptionally difficult socio-economic difficulties and shortage of fresh and clean fresh water on a seasonal basis are provided with allowances for the purchase and transport of fresh and clean fresh water for daily-life needs, after deducting the expense of daily-life fresh water are included in the salary, as follows:

a) Bases for calculating a subsidy for the purchase and transport of clean and fresh water for one person are inclusive of:

Standard norms: 6 cubic meters/person/month (a);

Number of months with shortage of fresh and clean water in a year (b);

Expenses for purchasing and transporting 1 cubic meter of clean and fresh water to a place of residence and workplace of beneficiaries are prescribed by provincial-level People s Committees (c);

The price of fresh and clean water for calculating the cost of fresh and clean water in salaries is the business price of 1 cubic meter of clean water is prescribed by the local competent authority (d).

b) Way of calculation:

The rate of entitlement to 01 month is: a x (c - d).

The rate of allowance in 01 year is: a x (c - d) x b.

2. The region with shortage fresh and clean water on seasonal basis is a region, due to natural conditions, doesn’t fresh and clean water or doesn’t have enough water to meet daily-life needs of one or more consecutive months of a year.

3. People s committees of provinces and cities under central authority shall determine areas with a shortage of fresh and clean water on a seasonal basis and submit to the People s Council of the same level for decision on the period of entitlement and level of allowances for the purchase and transport of clean and fresh water in suitability with the specific situation of places of fresh and clean water shortage in the locality. For wage earners of the People s Army, the People s Police and the Government Cipher Committee, the provisions of the Minister of Defense and the Minister of Public Security shall apply.

Article 8. Lump-sum allowance for moving out of regions of exceptionally difficult socio-economic conditions or upon retirement

1. Subjects defined in Article 2 of this Decree who are working and have actual working time in regions of exceptionally difficult socio-economic conditions from full 10 years or longer, when shifting their work out of regions of exceptionally difficult socio-economic conditions or upon retirement (or when the workplace is decided by the competent authority to be no longer an area of exceptionally difficult socio-economic conditions), shall be entitled to all-in-once allowance based on actual working period in regions of exceptionally difficult socio-economic conditions, is paid by agencies, organizations or management units before shifting works or upon retirement (or when the workplace is decided by competent authorities to be no longer a region of exceptionally difficult socio-economic conditions).

2. The lump-sum allowance level is prescribed as follows: Each year working in regions of exceptionally difficult socio-economic conditions is entitled to a allowance equal to 1/2 (half) of the current monthly salary ( the payroll is provided by the Party and State competent authorities) plus leading position allowances, extra-seniority allowances (if any) at the time of moving out of economic regions-exceptionally difficult society or upon retirement (or when the workplace is decided by the competent authority to be no longer an area of exceptionally difficult socio-economic conditions).

Article 9. Payment of traveling fare

During period working in regions of exceptionally difficult socio-economic conditions, the subjects specified in Article 2 of this Decree, when taking annual leave, public holidays, New Year holidays and personal leave, shall, according to the provisions of the law, enjoy the payment for family visits as per regulations.

Article 10. Allowances for visiting, study and professional fostering

The subjects specified in Article 2 of this Decree are entitled to allowances for visiting, studying and fostering professional skills as follows:

1. In case of being assigned by a competent agency, organization or unit to attend a course for fostering professional knowledge, foreign languages, visiting, or study and exchange experiences, they will be supported with costs for purchasing learning materials and 100% of tuition, travel expenses from workplace to study place;

2. In case of working in ethnic minority areas, self learn ethnic minority languages ​​ in order to perform the assigned tasks, shall be paid for costs incurred to buy materials and tips for self-study of ethnic minority language, the amount of which is equal to the study at the regular training institutions, classes.

Article 11. Preferential allowances by occupations

Occupational preferential allowance is equal to 70% of the current salary (according to the payroll prescribed by the Party and State competent authorities) plus the leading position allowance, excessive seniority allowances (if any), applicable to real-time working in exceptionally difficult socio-economic areas by the subjects specified in Article 2 of this Decree, inclusive of:

1. Civil servants, public employees and employees who teachers, educational management officers in educational establishments and vocational education establishments;

2. Civil servants, public employees and laborers who are directly engaged in medical professional work in State-run medical establishments, including: Commune-level medical stations; Health stations of agencies, schools; Regional polyclinic; Maternity homes, medical centers, hospitals and other medical facilities of the commune or higher levels;

3. Officers, professional military personnel, military officers and military medical personnel who carry out the medical tasks at medical stations in combination with civilian army medicine.

Article 12. Allowances for traveling and teaching ethnic minority languages ​​for teachers and educational management officials working in regions of exceptionally difficult socio-economic conditions

1. Allowance for traveling

Teachers and educational management officials who are in charge of illiteracy eradication and education universalization who are assigned to come to villages shall enjoy traveling allowances of coefficient 0.2 compared to the basic salary.

2. Allowances for teaching ethnic minority languages

Teachers and educational management officials who teach ethnic minority languages ​​are entitled to a subsidy of 50% of the current salary (according to the payroll prescribed by the Party and State competent authorities) plus the leading position allowance and excessive seniority allowance (if any).

Article 13. Actual working time in regions of exceptionally difficult socio-economic conditions as a basis for calculation of allowances and subsidies

1. The actual working time in regions of exceptionally difficult socio-economic conditions is the total working time with compulsory social insurance payment in regions of exceptionally difficult socio-economic conditions (if there is a break in time and the employee has not yet receive the social insurance benefits, the time is cumulative), including:

a) Working time in agencies, organizations, non-productive units of the Party, State, socio-political organizations;

b) Working time in the People s Army, the People s Police and the cipher agencies.

2. The calculation of actual time working in regions of exceptionally difficult socio-economic conditions is as follows:

a) Monthly calculation:

In case of having 50% or more of the actual working month in a region with exceptionally difficult socio-economic conditions according to the working regime prescribed by competent agencies, a whole month shall be counted; In case less than 50% of the month actually works in regions with exceptionally difficult socio-economic conditions, it is not accounted for;

For teachers who reach 50% or more of the lecturing norm in the month, the calculation of whole month is applied; The paid summer vacation period to teachers according to the regime prescribed by competent agencies is calculated according to HR attraction allowance and preferential career allowances.

b) Yearly calculation:

Under 03 months, it is not accounted for;

From full 3 to full 6 months, the time shall be calculated as 1/2 (half) of working year;

Over 06 months, the time shall be calculated as 1 working year.

3. Periods not eligible for allowances and subsidies prescribed in this Decree are inclusive of:

a) The period of being on business, working or studying not in regions of exceptionally difficult socio-economic conditions from 01 month or more;

b) Unpaid leave for a period of 01 consecutive one month or longer;

c) Off work period with social insurance benefits as per the law on social insurance;

d) Duration of temporary suspension of work, duration of temporary detention or custody.

Article 14. Estimation work, observation of estimates and settlement

The estimation, observation of estimates and settlement of funding for the deployment of allowances and subsidy under the provisions of this Decree comply with the current provisions of the State Budget Law and guiding documents.

Article 15. Funding sources for deployment and the responsibilities of payment

1. Funding officials, civil servants and employees in agencies and organizations of the Party, the State, socio-political organizations and salaries of the armed forces, the funding source for the implementation of the policies prescribed in this Decree is guaranteed by the State budget according to the provisions of the State Budget Law and guiding documents;

b) For public servants, employees and employees in non-productive units of the Party, the State, socio-political organizations, the funding for the implementation of policies prescribed in this Decree shall be guaranteed from the State budget and from lawful income sources of productive establishments (if any).

2. Responsibility for payment:

a) For HR attraction allowances; seniority allowances in regions of exceptionally difficult socio-economic conditions; preferential career allowances; allowances for costs of buying and transporting fresh and clean water; payment of traveling fare; allowances for visiting, learning, fostering professional skills and foreign languages; traveling allowances and ethnic minority language teaching allowances for teachers and education management officials working in regions of exceptionally difficult socio-economic conditions, shall be paid by such agencies, organizations or units basing on the salary list of such agencies, organizations and units themselves.

b) For the allowance for assuming tasks for the firs time in regions of exceptionally difficult socio-economic conditions, it shall be paid the agencies, organizations and units to accept the workforce. In case of secondment, agencies, organizations and units, it shall be paid agencies, organizations and units;

c) For lump-sum allowance when shifting out of regions of exceptionally difficult socio-economic conditions or upon retirement (or when the workplace is decided by competent authorities to be no longer an area of exceptionally difficult socio-economic region), then agencies, organizations and units shall pay salary when the workforce shift the work or upon retirement (or when the workplace is decided by competent authorities to be no longer an area of exceptionally difficult socio-eco region);

Article 16. Implementation effect

1. This Decree takes effect from December 01, 2019.

2. Decree No. 116/2010/ND-CP of December 24, 2010 of the Government on policies for officials, public servants, public employees and wage earners in the armed forces working in regions of exceptionally difficult socio-economic conditions and the Government s Decree No. 64/2009/ND-CP of July 30, 2009, on policies for health officials and public employees working in regions of exceptionally difficult socio-economic conditions shall cease to be effective upon the effective date of this Decree.

3. To annul Article 7, Article 8, Article 10, Article 11, Article 12, Article 13 and Article 14 of the Government s Decree No. 61/2006/ND-CP of June 20, 2006, on policies for educators and education managers working in special schools, in regions of exceptionally difficult socio-economic conditions and Decree No.19/2013/ND-CP of February 23, The Government 2013 amending and supplementing a number of articles of the Government s Decree No. 61/2006/ND-CP of June 20, 2006, on policies for teachers and educational administrators working in specialized schools, in regions of exceptionally difficult socio-economic conditions.

Article 17. Responsibilities of implementation

1. The Minister of Home Affairs shall organize and control the implementation of policies prescribed in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of agencies directly under the Government, and presidents of provincial/municipal People s Committees are responsible for implementing this Decree./.