Thông tư 04/2019/TT-BNV hướng dẫn tăng lương, phụ cấp từ 1/7/2019

THE MINISTRY OF HOME AFFAIRS

CircularNo. 04/2019/TT-BNV dated May 24, 2019 of the Ministry of Home Affairson guiding  the salary and allowance regimes for persons in the competent authorities, organizations, public service providers of the Communist Party and State, socio-political organizations and associations

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

Pursuant to Clause 1 Article 6 of Government s Decree No. 38/2019/ND-CP dated May 09, 2019 on prescribing the base salary for cadres, civil servants, public employees and armed forces;

At the proposal of Director of Wage Department;

The Minister of Home Affairs hereby promulgates the Circular on statutory pay rate for salary and allowance earners in organizations and public service providers of the Communist Party and the Government, and socio-political organizations and associations.

Article 1.Subjects of application

1. Cadres and public employees who receive salaries from state budget work for the Communist Party agencies, regulatory bodies and socio-political organizations in central echelon; in provinces and central-affiliated cities, in suburban districts, urban districts, district-level towns, provincial-affiliated cities, cities affiliated to central-affiliated cities (hereinafter referred to as “districts”); in special administrative and economic units.

2. Management officials and public employees who receive salaries from salary fund of public service providers as per the law.

3. Officials and public employees seconded to associations, non-governmental organizations, projects and international organizations based in Vietnam according to decisions of competent authorities.

4. Officials in communes, wards, or district-level towns and part-time workers in communes, villages and neighborhood associations prescribed in Government s Decree No. 92/2009/ND-CP dated October 22, 2009 and Government’s Decree No. 34/2019/ND-CP dated April 24, 2019.

5. People’s Council deputies who receive operation funding in accordance with applicable regulations of law.

6. Persons working for cryptography organizations.

7. The following entities shall be also governed by this Circular when having their social insurance premiums and benefits calculated and having their salary-based benefits determined as per the law:

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

b) Persons who are serving their apprenticeship or on probation (including those serving their apprenticeship as officials of communes) in the Communist Party agencies, regulatory bodies, socio-political organizations, public service providers and state-funded associations;

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

d)  Entities working for Communist Party agencies, regulatory bodies, socio-political organizations, public service providers and state-funded associations are entitled to conclude employment contracts according to the payroll promulgated together with Government s Decree No. 204/2004/ND-CP dated December 14, 2004.

Article 2. Definitions

1. Socio-political organizations prescribed in this Circular are organizations prescribed in Article 1 of the Decision No. 128-QD/TW dated December 14, 2004 of Secretariat of the Communist Party of Vietnam.

2. State-funded associations mentioned in this Circular are associations prescribed in Article 33 of the Government s Decree No. 45/2010/ND-CP dated April 21, 2010 and Prime Minister’s Decision No. 68/2010/QD-TTg dated November 01, 2010.

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

Article 3. Calculation of salaries, allowances and operation funding

1. With regard to officials, public employees and employees prescribed in Clauses 1, 2, 3, 4 and 7 Article 1 hereof:

Their salaries, allowances and amounts calculated according to retained difference coefficient (if any) shall be calculated according to the current salary coefficient and allowances prescribed in documents of competent authorities of the Communist Party on salary regime for cadres, public employees and armed forces’ personnel, and statutory pay rate prescribed in Government s Decree No. 38/2019/ND-CP dated May 09, 2019 on statutory pay rate for public officials, public employees and armed forces’ personnel (hereinafter referred to as “the Decree No. 38/2019/ND-CP”). To be specific:

a) Formula for calculating salary:

b) Formula for calculating allowance:

- Regarding the allowance calculated according to statutory pay rate:

- Regarding allowance calculated according to % of current salary plus (+) leadership allowance and extra-seniority allowance (if any):

- The allowance set as a fixed amount shall remain unchanged in accordance with applicable regulations.

c) Formula for calculating amount calculated according to retained difference coefficient (if any):

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

The operation funding provided to People s Council deputies shall be calculated according to the operation funding coefficient in accordance with applicable regulations:

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

From July 1, 2019, allowance allocated by the state budget to each commune, village or neighborhood association at a fixed rate as prescribed in Clauses 5 and 6 Article 2 of Government’s Decree No. 34/2019/ND-CP dated April 24, 2019 shall be calculated according to the statutory pay rate VND 1,490,000 per month. Specific allowance provided to these entities is specified in Clauses 5 and 6 Article 2 of the Decree No. 34/2019/ND-CP.

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

a) In the case of employees working for cryptography organizations under the management of the Ministry of National Defense and the Ministry of Public Security, follow the guidelines laid down by the Minister of National Defense and the Minister of Public Security;

b) In the case of employees working for cryptography organizations of the Communist Party agencies, regulatory bodies and socio-political organizations (not under the management of the Ministry of National Defense and the Ministry of Public Security), their salaries, allowances and amounts calculated according to retained difference coefficient (if any) shall be calculated as prescribed in Clause 1 Article 3 hereof.

Article 4. Effect

1. This Circular takes effect on July 15, 2019.

2. Salaries, allowances (including retained difference coefficient, if any) and operation funding of the entities set forth in Article 1 hereof shall be calculated according to the statutory pay rate VND 1,490,000 per month from July 01, 2019.

3. This Circular repeals the Circular No. 06/2018/TT-BNV dated May 31, 2018 of the Ministry of Home Affairs.

4. Deductions and benefits calculated according to the statutory pay rate shall be re-calculated from July 01, 2019.

Article 5. Responsibility for implementation

1. Heads of supervisory authorities of entities receiving salaries, allowances and operation funding specified in Article 1 hereof shall, according to number thereof until July 1, 2019, calculate salaries, allowances, amounts calculated according to retained difference coefficient (if any) and operation funding as prescribed in this Circular.

2. The demands, sources and payment methods for adopting the statutory pay rate as prescribed in Decree No. 38/2019/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.-

The Minister

Le Vinh Tan