Nghị định 38/2019/NĐ-CP về mức lương cơ sở của cán bộ, công chức và lực lượng vũ trang

THE GOVERNMENT

DecreeNo. 38/2019/ND-CP dated May 9, 2019 of the Government prescribing the base salary for cadres, civil servants, public employees and armed forces

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

Pursuant to the June 18, 2012 Labor Code;

Pursuant to Resolution No. 70/2018/QH14 dated November 09, 2018 of the National Assembly on the 2019 state budget estimates;

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

The Government promulgates the Decree prescribing the base salary for cadres, civil servants, public employees and armed forces.

Article 1. Scope of regulation

This Decree prescribes the base salary for cadres, civil servant,
public employees, persons receiving salaries and allowances, and
employees (below collectively referred to as persons receiving salaries
and allowances) working in agencies, organizations and non-business
units of the Party, State, socio-political organizations and state budget funded associations that operate at the central level, in provinces and
centrally run cities, in rural districts, urban districts, towns, provincial
cities and municipal cities (district level), in communes, wards and
townships (commune level), and in special administrative-economic
units and armed forces.

Article 2. Subjects of application

Employees on payroll prescribed in Article 1 hereof include:

1. Cadres and civil servants from central echelon to district level prescribed in Clause 1 and Clause 2 Article 4 of Law on Cadres and Civil Servants 2008.

2. Cadres and civil servants at commune level prescribed in Clause 3 Article 4 of Law on Cadres and Civil Servants 2008.

3. Public employees working in public service provider prescribed in Law on Public Employees 2010.

4. Contract employees who are paid as prescribed in Government s Decree No. 204/2004/ND-CP dated December 14, 2004 on salary regime for cadres, public servants, officials, and armed force personnel, including: Contract employees in agencies of the Communist Party, the Government, socio-political organizations 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 providers and the Government s Decree No. 161/2018/ND-CP dated November 29, 2018 on amending and supplementing to regulations on recruitment of cadres and public employees, pay grade advancement for public employees, promotion for public employees and contracts of employment for certain positions in state administrative agencies and public service provider.

5. Persons in the payroll of state budget-funded associations specified in the Government’s Decree No. 45/2010/ND-CP of April 21, 2010, on the organization, operation and management of associations;

6.Officers, professional military personnel, non-commissioned
officers, soldiers, defense workers and public employees, contractual
employees in the Vietnam People’s Army force;

7.Officers, non-commissioned officers receiving salaries, noncommissioned officers, service men, public-security workers and
contractual employees in the People’s Public Security force;

8. Persons working in cipher organizations;

9.Part-timers in communes, villages and residential quarters.

Article 3. Base salary

1. The base salary will serve as a basis for:

a)Calculating salary levels in salary tables and allowance levels and
implementing other regimes in accordance with law applicable to the
subjects defined in Article 2 of this Decree;

b)Calculating levels of operation cost and cost-of-living allowance
in accordance with law;

c) Calculating deductions and benefits that are based on the base
salary.

2. From July 1, 2019, the base salary is VND 1,490,000 per month.

3. The Government shall request the National Assembly for adjusting base salary suitable to the capacity of the state budget, consumer price index and national economic growth rate.

Article 4. Funs

1. Ministries, ministerial-level agencies, Governmental attached agencies, and other central agencies of central government:

a)Use the 10-percent saved regular expenditure (excluding
salaries, salary-based allowances, expenditures of salary nature and other
expenditures for human resources under regulations) of the 2019 year’s
state budget estimate higher than the state budget estimate allocated in
2018;
b) Use part of the retained revenues of administrative agencies and public service provider;

c) Use the 2018’s unused funds for the salary reform (if any).

2. Provincial authorities shall:

a) Use the saving funded by 10% of recurrent expenditures (excluding salaries, allowances, salary equivalents and other human-related costs) as per 2019 s budget estimates as compared with 2018’s budget estimates given by competent authorities;

b)Use the 50-percent increased revenues of local budgets in
comparison with the 2018 budget estimate allocated by the Prime
Minister (excluding revenues from land use levy and construction
lottery);

c) Use 50% of budget retrenchment for current administrative activities (due to cutting down of personnel on payroll and reshuffling of the political system towards a streamlined, efficient and effective system) and public service entities (due to fundamental changes in organization and management, quality improvement and operation effectiveness of public service provider);

d) Use the 2018’s unused funds for the salary reform (if any);

dd) Use the remaining funds (if any) after adjustment of base salary to VND 1,390,000 per month, from the following resources:

- Use the saving funded by 10% of recurrent expenditures (excluding salaries, allowances, salary equivalents and other human-related costs) as per 2017 s budget estimates given by competent authorities.

- Use the saving funded by 10% of recurrent expenditures (excluding salaries, allowances, salary equivalents and other human-related costs) as per 2018 s budget estimates as compared with 2017’s budget estimates given by competent authorities.

- Use 50% the increase in the local budget revenue (excluding revenues from land use levy and construction lottery) as per 2018’s budget estimates in comparison with the 2017’s revenue estimate given by the Prime Minister.

- Use 50% the increase in the local budget revenue (excluding revenues from land use levy and construction lottery) as per 2019’s budget estimates in comparison with the 2018’s revenue estimate given by the Prime Minister.

- Use part of the retained revenues in 2019 of administrative agencies and public service entities.

3. The central government’s budget shall provide financial aids for Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government and central-affiliated cities and provinces if their finances for the 2019’s salary reform are insufficient despite their implementation of provisions in Clause 1 and Clause 2 of this Article.

Article 5. Effect

1. This Decree takes effect on July 1, 2019.

2. The Government s Decree No. 72/2018/ND-CP dated May 15, 2018 on base salary for public officials and public employees and armed forces’ personnel expires from effective date of this Decree.

Article 6. Responsibility for guidance and implementation

1.The Minister of Home Affairs shall guide the implementation of
this Decree applicable to persons receiving salaries and allowances of
agencies, organizations and units of the Party, State, socio-political
organizations andand associations.

2. The Minister of National Defense and the Minister of Public Security shall guide the implementation of this Decree applicable to subjects under their management.

3. The Minister of Finance shall:

a)Guide the determination of demands, funding sources and
methods of payment for application of the base salary specified this
Decree;

b) Verify demands and funding sources for application of the base salary of ministries, ministerial-level agencies, Governmental agencies, other agencies of central government and provinces specified this Decree, and summarize and report implementation results of activities to the Prime Minister.

4.Ministers, heads of ministerial-level agencies, heads of
government-attached agencies and chairpersons of provincial-level
People’s Committees shall implement this Decree.-

For the Government

Prime Minister

Nguyen Xuan Phuc