Chương II Nghị định 204/2004/NĐ-CP về chế độ tiền lương đối với cán bộ, công chức, viên chức và lực lượng vũ trang: Mức lương tối thiểu chung, các bảng lương và các chế độ phụ cấp lương

Chapter II

MINIMUM SALARY, SALARY SCHEDULE AND SALARY ALLOWANCE

Article 4. General minimum salary

General minimum salary applicable to officials, public employees, public servants and armed force personnel shall be in accordance with the provisions of Decree No.203/2004/ND-CP of December 14, 2004 by the Government prescribing minimum salary level.

Article 5. Salary schedules, allowance schedules for non-commissioned officers, soldiers on military service, and leaders.

Issued together with the Decree are salary schedules, rank allowance schedules for non-commissioned officers, soldiers on military services and position allowance for position of authority as follows:

1. Salary schedules:

a) 7 following salary schedules are stipulated:

Table 1: Salary schedule applicable to senior experts.

Table 2: Profession salary schedule applicable to cadres and public employees in the State agencies (including those who hold elected positions that entitle them to the salary which is determined in accordance with the salary schedule applicable to administrative public servants and with the position allowance schedule applicable to positions of authority and public servants in communes, wards and townships).

Table 3: Profession salary schedules applicable to cadres and public servants in the State public service agencies units.

Table 4: Salary schedule applicable to staff members who work in the State agencies and public service agencies units.

Table 5: Salary schedule applicable to the full-time cadres in communes, wards and townships.

Table 6: Salary schedule applicable to officers in the people’s army, and officers and non-commissioned officers in the people’s public security force

Table 7: Salary schedule applicable to professional soldiers in the people’s army and technical specialists the people’s public security force.

b) Salary of cadres in charge of coding and codes in organisations responsible for coding and codes shall be determined in accordance with the salary schedule applicable to officers in the people’s army, and officers and non-commissioned officers in the people’s public security force (table 6) with the highest salary grade equal to that of Major-general (exclusive of detached officers in people’s army and public security force), and the Salary schedule applicable to professional soldiers in the people’s army and technical specialists the people’s public security force (Table 7 ).

c) The workers who work in the agencies and units in the armed force, and organs for codes and coding are subjected to the salary scale and schedules applicable to State-owned enterprises.

2. Allowance schedule for non-commissioned officers, soldiers on military service in people’s army and public security force.

3. Position allowance schedule applicable to positions of authority (elected and appointed) in State agencies and public service agencies; units and organs in people’s army and public security force.

Article 6. Salary allowance regimes

1. Allowance for working years in excess of the required number of working years:

 Applicable to the persons whose salaries are determined in accordance with the Tables 2, 3, 4 and 7 as provided for in Item 1, Article 5 of this Decree, and with the profession salary schedule applicable to cadres and public servants in the Juridical Courts and Procuracy as provided for in Resolution No.730/2004/NQ-UBTVQH11 an who are currently entitled to the highest salary grade for their position or salary category.

a) Allowance to be computed as follows:

a1) For those whose salaries are computed in accordance with the categories of type A0 -A3 in Table 2 and 3, titles listed at professional salary schedule for the sectors of the Juridical Courts and Procuracy: after 3 years (36 full months), if they are entitled to the highest salary grade in their salary category or the highest salary grade applicable to their positions, they shall be entitled to the allowance for excessive working years equivalent to 5% of salary level in the highest salary grade in their salary category or the highest salary grade applicable to their positions, from the 4th year on, each year additional 1% is added for the purpose of allowance computing.

a2) For those whose salaries are computed in accordance with the categories of type B and C of Tables 2 and 3, and staff who do not hold position of authority and whose salaries are determined in accordance with salary schedule in Table 4: after 2 years (24 full months), if they are entitled to the highest salary grade in their salary category or the highest salary grade applicable to their positions, they shall be entitled to the allowance for excessive working years equivalent to 5% of salary level in the highest salary grade in their salary category or the highest salary grade applicable to their positions, from the 3rd year on, additional 1% is added each year for the purpose of allowance computing.

b) For those listed at Point a (a1 and a2), Item 1, Article 6 fail to fulfil their annual assignments or are subjected to such discipline as reprimand, warning, displacement, the working period they must complete before they are entitled to the allowance for excessive working years shall be increased by one year (12 full months) for each year of shortcomings or failure.

c) The allowance for excessive working years is used for computing the fees for and benefits from social insurance.

2. Pluralism allowance:

The person with office title at one office or unit (either elected or appointed) shall benefit from pluralism allowance for his/her office title in other office(s) and/or unit(s) if he/she is elected and/or appointed as the top management position of such office(s) and/or unit(s) that are allowed to have the part-time head.

The rate of allowance equals to 10% of the current salary plus position allowance for leaders and the allowance for excessive working years (if any). The persons who concurrently hold more than one top management positions are entitled to receive the allowance attached to one office only.

3. Regional allowance:

Applicable to the persons who work in remote and isolated areas and areas affected by bad weather conditions.

The allowance consists of seven levels of 0.1, 0.2, 0.3, 0.4, 0.5, 0.7 and 1.0 on the basis of the general minimum salary level. As for non-commissioned officers and soldiers on military service in the armed forces, regional allowance is computed on the basis of the allowance for privates.

4. Special allowance:

Applicable to the persons who work on far-reaching islands and in the border area with extremely difficult living conditions.

The allowance consists of three levels of 30%, 50% and 100% of current salary level in addition to the position allowance and the allowance for excessive working years (if any) or that for current military rank for non-commissioned officers and soldiers in the armed forces.

5. Inducement allowance:

Applicable to the officials, public employees and public servants who voluntarily work in new economic zones, economic establishments and on islands far away from the mainland in extremely disadvantaged living conditions.

The allowance consists of four levels of 20%, 30%, 50% and 70% of the current salary level in addition to the position allowance and the allowance for excessive working years (if any).

The duration for allowance is between 3 - 5 years.

6. Mobility allowance:

Applicable to the officials, public employees and public servants who do some jobs that requires a frequent relocation of working and living places.

The allowance consists of three levels of 0.2, 0.4 and 0.6 which are computed on the basis of general minimum salary level.

7. Toxic allowance:

Applicable to the officials, public employees and public servants who work in toxic and dangerous conditions, but yet included in the computation of the salary schedule.

The allowance consists of four levels of 0.1, 0.2, 0.3 and 0.4 which are computed on the basis of general minimum salary level.

8. Job-specific allowance rates:

Seniority allowance:

Applicable to the officials and professional soldiers under people’s army, salaried officers and non-commissioned officers in the people’s public security forces, customs officers and persons in charge of codes and coding in organisations for codes.

The allowance rate is specified as follows: after five years (60 months) in military service or of continuous service in the customs sector and security organs, the officials shall be entitled to a seniority allowance equal to 5% of the current salary level in addition to the position allowance and allowance for excessive working years (if any); from the sixth year on, 1% is added in the computation of allowance each year.

b) Occupation-specific preferential allowance:

Applicable to the cadres, civil servants, and public servants who are involved in the trades or jobs which require higher level of competency than usual, who are entitled to the State’s preferential policies, which have not been included in the computation of the salary schedules.

The allowance consists of 10 grades of 5%, 10%, 15%, 20%, 25%, 30%, 35%, 40%, 45% and 50% of the current salary level in addition to the position allowance and the allowance for excessive working years (if any).

c) Occupation-specific responsibility allowance:

Applicable to the titles listed in professional salary schedule and salary schedule for job titles in Court, Procuracy, Inspectorate and some judiciary titles.

The allowance includes five levels of 10%; 15%; 20%, 25% and 30% of current salary level in addition to the position allowance and the allowance for excessive working years (if any).

The persons who are subjected to occupation-specific responsibility allowance regime as stipulated at this point are not entitled to occupation-specific preferential allowance regime provided for at Point b, Item 8 of this Article.

d) Job-specific responsibility allowance:

d1) The persons who work in organs for codes and coding are entitled to responsibility allowance for maintaining the confidentiality of codes.

The allowance consists of three levels of 0.1; 0.2 and 0.3 against the general minimum salary level.

d2) The persons who are either involve in the job requiring a high sense of responsibility or work as managers without the leadership title (either elected or appointed) are entitled to job-specific responsibility allowance.

The allowance consists of four levels of 0.1; 0.2; 0.3 and 0.5 which are computed on the basis of the general minimum salary level.

e) Allowance for service in national defence and security:

Applicable to the persons whose salaries are not determined in accordance with at Tables 6 and 7 stipulated at Item 1, Article 5 of this Decree, working in agencies and units in the armed forces and code and coding agencies.

The allowance consists of two levels of 30% and 50% of the current salary level in addition to the position allowance and the allowance for excessive working years (if any).