Chương III Nghị định 204/2004/NĐ-CP về chế độ tiền lương đối với cán bộ, công chức, viên chức và lực lượng vũ trang: Chế độ nâng bậc lương, chế độ trả lương, quản lý tiền lương và thu nhập

Chapter III

REGIMES ON SALARY GRADE INCREMENT, SALARY PAYMENT, SALARY AND INCOME MONITORING

Article 7. Regulations on salary grade increment

1. Salary grade increment is regularly practised on the basis of the professional performance of cadres, civil servants and the duration in which they are entitled to the salary grade within the relevant category or applicable to the title.

The duration in which they are entitled to the salary grade within the relevant category or applicable to the title to be used for consideration of salary increment shall be stipulated as follows:

a) For the title of high-ranking experts, who are not entitled to the highest grade in the salary schedule, after 05 years (60 full months) of their service which entitles them to the salary grade in the salary schedules applicable to high-ranking experts, they shall be considered for a one-step salary increment.

b) For those listed in Table 2, 3, 4 in Item 1, Article 5 of the same Decree and particular salary schedules of Juridical Courts and Procuracy as provided for in Decision No.730/2004/NQ-UBTVQH11, if they are not entitled to the highest salary grade in their salary schedule then, duration in which they are entitled to salary grade within relevant scale or title is to be used for consideration of salary increment shall be stipulated as follows:

b1) For those persons listed from A0 to A3 in Table 2, 3, titles listed in particular salary schedules of Juridical Courts and Procuracy: one-step salary increment shall be considered after 03 years (36 months) of service which entitles them to the current salary grade within the relevant salary schedules applicable to category and title.

b2) For those persons listed in B, C in Table 2, 3, executive staff and servants listed in Table 4: one-step salary increment shall be considered after 04 years (24 months) of service which entitles them to the current salary grade within the relevant salary schedules applicable to category and title.

c) If those persons mentioned in Point a and b, Item 1 of this Article either fail to fulfil their annual assignments or are subject to such disciplines as reprimand, warning, displacement, the working period they must complete before they are to be considered for salary increment shall be increased by one year (12 full months) for each year of shortcomings or failure as compare with the normal working period as stipulated by the law.

2. Accelerated salary increment is shall be considered in the following cases:

a) Cadres, officials, civil servants with excellent professional performances but yet enjoying the final salary grade within their salary schedule for their category or position shall be considered for one-step salary increment for a maximum of 12 months earlier than described in Point a and b, Item 1 of this Article. For each year, the proportion of cadres, officials, civil servants to be entitled to such accelerated salary increment must not exceed 5% of the total number of the staff members on their permanent payroll (except for cases listed in Point b, Item 2 of the same Article).

b) Cadres, officials and civil servants, who have already been informed of the retirement decision as stipulated by the State and completed their mission, but who are not entitled to the highest grade in their salary schedules for their category or position and whose pay period following the date of their promotion, appointment or reclassification to their current position is not sufficient long at the retirement announcement date, shall be entitled to one-step salary accelerated increment for a maximum of 12 months earlier than described in Point a and b, Item 1 of the same Article.

3. Promotion and reduction of military rank, raise of salary and military rank allowances for officers, non-commissioned officers, soldiers, professional servicemen and technical staff in military forces must follow prevailing legal regulations applicable to the armed forces.

Article 8. Salary regimes

1. Salary is based on cadres’ and public servants’ professional performance, agencies’ financial resources for salary payment and salary policies. Heads of agencies/units after discussing with their trade union's executive committees shall be responsible for developing and implementing salary policies applicable to their staffs. Salary policy must be under control of higher-level organs and practised transparently in each agency/unit.

Salary within the armed forces must follow prevailing regulations.

2. Salary regime for nigh shift and overtime work applicable to cadres, officials, civil servants is practised in accordance with Labour Code.

Cadres, civil servants and officials on duty for either 12/24 hours or 24/24 hours shall be entitled to particular salary or allowance regime which is approved by Government, the Prime Minister.

3. Salary regime for work during paid holidays, advance payment of salary during temporary suspension in work, temporary detainment, shall be implemented in accordance with Decree No.114/2002/ND-CP dated December 31st 2002 by the Government elaborating and guiding the implementation a number of articles on salary provisions in the of Labour Code.

4. Cadres, civil servants, officials listed in the salary schedule of their office, salaried personnel in the armed forces if assigned to be away on mission, to work or to study abroad for over 30 consecutive days or more while enjoying either State-subsidised subsistence fee or salary, subsistence fee granted by foreign governments, international organisations shall be entitled to receive 40% of their current salary plus position allowance and seniority allowance (if any).

5. Civil servants on probation and those on job-training in State bodies (inclusive of commune-level civil servants serving their apprenticeship) and State service bodies shall be entitled to a rate of salary as described in Article 18 of Decree No.115/2003/ND-CP, Article No.21 of Decree 116/2003/ND-CP, Article 18 of Decree No.117/2003/ND-CP, Article 4 of this Decree.

6. The application of salary regimes, to be effective as of January 1st 2005, applicable to commune-level full-time cadres, civil servants, who are entitled to pension or poor health subsidies shall be stipulated as follows:

a) Commune-level full-time cadres who currently receive pensions or poor health subsidies shall be entitled to monthly salary equivalent to 90% of the grade 1 in the salary schedule applicable to their position as described in this Decree and shall be exempted from social, medical insurance premium.

b) Commune-level civil servants who currently receive pensions or poor health subsidies shall be entitled to monthly salary equivalent to 90% of the grade 1 in the salary schedule applicable to administrative public servants with the same training level as described in this Decree and shall be exempted from social, medical insurance premium.

Article 9. Salary resources

1. 10% of regular expenditure (exclusive of salaries and salary-related payment) is required to be saved in every administrative and service under the line ministries, agencies, central agencies and provinces and cities under the Government.

2. At least 40% of the revenues which are to be kept for the revenue-generating public-service agencies’ own use shall be required to be spent on salary (including bodies which already apply fiscal regime applicable to revenue-generating agencies). For public-service agencies in the health care sector, at least 35% shall be spent on salary.

3. A minimum of 40% of collected money is required to be unspent as regulated for profit-making administrative bodies.

4. 50% of monetary increase in the budget and financial estimates of the current and preceding years as set forth by the Prime Minister and 50% of monetary balance between actual revenues and planed budget revenues set forth by the Prime Minister shall be spent on salary.

5. Central budget shall be used as a supplementary source for financing salary payment in ministries, central agencies, cities under the Government, provinces in the case that there is a lack of financial resource to cover salary payment even after all the possibilities have been exploited in accordance with the provisions at Points 1, 2, 3 and 4 of this Article.

Article 10. Salary and income monitoring

1. Salary payment, allowance, salary raise and income monitoring shall be exercised as described in this Decree and in accordance with guidance by competent agencies.

Administrative bodies that apply block staffing and block budget grant mechanism and financial autonomy and self-management mechanisms, depending on the saving of administrative expenses, increase of collected revenues shall decide on the salary increment factor against the general minimum salary level and on the formation of welfare or prize funds with a view to increasing the income of cadres, public servants and civil servants on their permanent payroll as provided by competent agencies.

2. Decentralisation of responsibility shall be exercised so that the heads of State bodies, heads of State public service bodies could make their decision on regular salary increment, accelerated salary increment and increase of allowance for excessive working years for cadres, civil servants and officials under their scope of authority as by authorised by competent bodies.

3. For titles of high-ranking experts, high-ranking specialists and relevant titles, the decentralisation of responsible for decision on salary grade, salary increment and increment of allowance for excessive working years shall be exercised as follows:

a) For high-ranking experts: salary, regular or accelerated increment of salary grade shall be decided in accordance with current authorisation.

b) For high-ranking specialists and equivalents (Type A3):

b1) The decision on the classification of salary to type A3 once the election results, appointment to the category (or the position), increment, reclassification of category have been shall be exercised in accordance with current authorisation.

b2) The decision on regular increment of salary grade, or allowance for excessive working years' within the category or positions of type A3 shall be made by the Chief of Supreme People's Court, Chief of Supreme People's Office of Procuracy, ministers, heads of ministerial equivalents Government agencies, chairpersons of Centrally-governed municipal and provincial People's Committees, that exercise direct management over such cadres, civil servants and officials and the afore-mentioned relevant bodies shall be responsible for reporting the result to the Ministry of Home Affairs.

b3) Accelerated salary grade increment (applicable to those cadres who have excellent professional performance who have been given the notice of their retirement) within a relevant category or position title of type A3 shall be decided after getting agreement of Home Affair Minister by Chief of Supreme People's Court, Chief of Supreme People's Office of Procuracy, ministers, heads of ministerial equivalents, Government agencies, chairpersons of Centrally-governed municipal and provincial People's Committees, which are directly in charge of managing such cadres, public servants and civil servants. These afore-mentioned parties shall be responsible for reporting the result to the Ministry of Home Affairs.