Chương I Nghị định 204/2004/NĐ-CP: Những quy định chung

Chapter I:

GENERAL PROVISIONS

Article 1. Scope of regulation

The Decree provides for salary regime including general minimum salary, salary schedules, allowances, salary grade increment, salary payment; finance sources for salary payment affairs, salary and income control on public servants, civil servants and officials in State agencies and public service agencies; Full-time cadres and cadres and public servants of communes, wards and townships; professional officers and soldiers, non-commissioned officers, soldiers and workers in armed force offices (inclusive of the people’s army and public security forces).

State agencies and public service agencies, offices and units of the aforementioned armed forces hereinafter referred to collectively as agencies and units.

Article 2. Scope of application

Public servants, public employees, officials, and persons of the armed forces are subject to this Decree, including:

1. Management titles in the State and professional titles of the Juridical Courts and Procuracy as provided for in the position salary schedule and position allowance schedule issued together with Resolution No.730/2004/NQ-UBTVQH11 dated September 30th 2004 by the National Assembly’s Standing Committee on approving the position salary schedule and position allowance for senior executives of the State, and for public servants of the justice and the procuracy (hereinafter referred to as Resolution No.730/2004/NQ-UBTVQH11).

2. Elected titles for functions in accords with terms of office in the People’s Committee provinces and cities under the government, and the People’s Committee of districts, townships, and cities under the province.

3. Public servants in offices of the State as stipulated in Article 2 of Decree No.117/2003/ND-CP dated October 10th 2003 by the Government on recruiting, using and governing public servants and officials in offices of the State (hereinafter referred to as Decree No.117/2003/ND-CP).

4. Public servants on probation as stipulated in Article 2 of Decree No.115/2003/ND-CP dated October 10th 2003 by the Government on benefits for public servants on probation (hereinafter referred to as Decree No.115/2003/ND-CP).

5. Officials in public service agencies of the State as stipulated in Article 2 of Decree No.116/2003/ND-CP dated October 10th 2003 by the Government on recruiting, using and governing public servants and officials in public service agencies of the State (hereinafter referred to as Decree No.116/2003/ND-CP).

6. Public servants and officials on the State’s permanent payroll, whose salary is provided for in the State’s salary schedule for persons assigned to work for international associations, non-governmental organisations, projects, offices and organisations in Vietnam.

7. Full-time cadres and public servants in communes, wards and townships (hereinafter referred to full-time cadres and commune-level public servants) as stipulated in Articles 1 and 2 of Decree No.121/2003/ND-CP dated October 21st 2003 by the Government on benefits and remunerations for full-time cadres and public servants (hereinafter referred to as Decree No.121/2003/ND-CP) and Article 22 of Decree No.184/2004/ND-CP dated November 2nd 2004 by the Government detailing the enforcement of Ordinance on Militia (hereinafter referred to as Decree No.184/2004/ND-CP).

8. Full-time cadres responsible for coding in organisations responsible for codes and coding

9. Professional officers and soldiers, non-commissioned officers, soldiers and workers in offices and units of armed forces.

Article 3. Principles for calculation of position allowances and salaries and for payment salary payment and implementation of salary policies

1. Position allowance and salary grading principle

A(n) public servant and official who are appointed to a certain category of public servants or civil servants (hereinafter referred to as category) or a certain professional title of the Juridical Courts and Procuracy (hereinafter referred to as title) shall be entitled to the salary grade in accordance with that category or title.

An elected official who is entitled to position allowance and professional salary shall be entitled to the salary in accordance with the salary categories and grades applicable to administrative public servants and to the position allowance applicable to the elected title that he/she holds.

A(n) public servant, civil servant or official who holds a position of authority (elected or appointed) shall be entitled to a position allowance and salary applicable to that position. If one person who concurrently holds several positions of authority shall be entitled to the position allowance for his/her highest position. One person shall be entitled to pluralism allowance in the case he/she concurrently hold the top management position of another office/agency and/or unit that are allowed to have a full-time top management position..

The remuneration for persons of the armed forces and full-time cadres of in charge of coding and codes in organisations for coding and codes shall be graded in accordance with the respective salary schedules to which they are subject.

The salary grading from old salary schedules to new salary schedules must be done together with the review and rearrangement of staff and personnel in the offices and units; review and improvement of standards for job titles for public servants and civil servants and officials. In the case that their salaries have not been graded in accordance with the regulations set by competent agencies, they must be entitled to a newly-graded salary and position allowance (if any) as stipulated.

2. Salary payment principle

The salary payment must be undertaken on the basis of the performance by public servants, civil servants and officials and the office’s and unit’s financial source for salary payment (from the State budget or collected revenues used for salary payment as provided for by the law).

3. Principles for the implementation of salary and remuneration policies

Once a(n) public servant, civil servant or cadre or officer in the armed forces changes his/her duty, her/his salary and position allowance (if any) shall be recomputed in accordance with his/her new duty. In the case that one person leaves his/her position of authority (excluding the cases of dismissal for disciplinary reasons, removal or non-reappointment) to take another job or hold another position of authority which have lower salary and position allowance, he/she shall be entitled to the salary and/or allowance applicable to his/her former position for 6 months since his/her departure from his/her former position; after that his/her position allowance and salary (if any) shall be re-graded in accordance with his/her new duties and responsibilities.

As required by the work, once a(n) public servant, civil servants, cadres or officer in the armed forces who hold a position of authority is appointed to another position of authority with lower salary and position allowance, he/she shall be entitled to the position allowance and salary applicable to the former position. In the case that the salary computed in accordance with the new salary category or position allowance is lower that his/her former ones, he/she shall be entitled to the salary and allowance (if any) applicable to his/her former position and his salary grade increment shall be exercised in accordance with provisions applicable to his/her former salary category or position.

In the case that a person who transfers from the armed forces, or coding and codes organisations, and State-owned enterprises to state agencies or State public service agencies, his/her salary shall be recomputed in accordance with his/her new salary category, grade and position allowance (if any) applicable to his new position. In the case, the salary which is computed in accordance with the salary category applicable to officers, non-commissioned officers or to the professional personnel of the people’s army and technical staff of the public security force is higher than the new salary grade, he/she shall be entitled to the new salary grade plus the excess as provided for the law.

The salary and allowance grade calculation, increment and payment, and salary and income control must be done for the right target group and in accordance with the specified scope, principle, condition and other regulations as provided for by competent agencies.

The salary services must be done in parallel with the administration reform in a way that ensure the balanced harmony among various industries, professions, types and grades of public servants and officials; as well as the socio-political stability.