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DECREE

PRESCRIBING STATUTORY PAY RATE FOR OFFICIALS, PUBLIC EMPLOYEES AND ARMED FORCES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Labour Code dated November 20, 2019;

Pursuant to the National Assembly’s Resolution No. 69/2022/QH15 dated November 11, 2022 on state budget estimates in 2023;

At the request of the Minister of Home Affairs of Vietnam and Minister of Finance of Vietnam;

The Government promulgates a Decree prescribing statutory pay rate for officials, public employees and the armed forces.

Article 1. Scope

This Decree sets forth the statutory pay rate for officials and public employees, employees on payrolls, and employees (hereinafter referred to as “employees on payroll”) who have worked in public sector entities of the Vietnam Communist Party, the Government, the Vietnamese Fatherland Front, or in state-funded socio-political organizations and associations that operate in the central, in central-affiliated cities and provinces (hereinafter referred to as “provinces”), in suburban districts, urban districts, district-level towns, provincial-affiliated cities, cities affiliated to central-affiliated cities (hereinafter referred to as “districts”), in communes, wards, or district-level towns (hereinafter referred to as “communes”), in special administrative and economic units and the armed forces.

Article 2. Regulated entities

Employees on payroll prescribed in Article 1 of this Decree include:

1. Officials from central echelon to district level prescribed in Clause 1 and Clause 2 Article 4 of the Law on Officials 2008 (as amended in the Law on amendments to the Law on Officials and the Law on Public Employees 2019).

2. Officials at commune level prescribed in Clause 3 Article 4 of the Law on Officials 2008 (as amended in the Law on amendments to the Law on Officials and the Law on Public Employees 2019).

3. Public employees working in public sector entities prescribed in Law on Public Employees 2010 (as amended in the Law on amendments to the Law on Officials and the Law on Public Employees 2019).

4. Employees who work under employment contracts as prescribed in the Government’s Decree No. 111/2022/ND-CP dated December 30, 2022 on contracts of employment for certain tasks in administrative units and public sector entities, and are eligible for, or have agreed under the signed employment contracts on, salary payment according to the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004 on pay policy for officials, public employees and armed forces.

5. Employees on state regular payroll in state-funded associations as defined in Government's Decree No. 45/2010/ND-CP dated April 21, 2010 on organization, operation and management of associations (as amended in the Government's Decree No. 33/2012/ND-CP dated April 13, 2012).

6. Commissioned officers, professional soldiers, non-commissioned officers, soldiers and national defense workers and public employees, contractual employees in the People's Army of Vietnam.

7. Commissioned officers, non-commissioned officers on payroll, non-commissioned officers, conscript soldiers, public security workers and contractual employees in the People’s Police of Vietnam.

8. Employees working in cryptography organizations.

9. Part-time employees in communes, hamlets or neighborhoods.

Article 3. Statutory pay rate

1. The statutory pay rate shall be used as the basis for:

a) Determining the levels of salaries in payrolls, allowances and other benefits as per the law with regard to individuals as defined in Article 2 of this Decree;

b) Determining the levels of subsistence allowances as per the law;

c) Determining contributions and benefits concerning the statutory pay rate.

2. From July 01, 2023, the statutory pay rate is VND 1.800.000 per month.

3. The authorities and entities that are implementing the specific financial and income mechanism at central level adopted by competent authorities for certain authorities and administrative units shall continue implementing this mechanism until the comprehensive reform of salary policies under the Resolution No. 27-NQ/TW dated May 21, 2018 of the 7^th Meeting of the 12^th Central Executive Committee is implemented; the increase in monthly salaries and incomes calculated using the statutory pay rate of VND 1.800.000/month from July 01, 2023 must not exceed the average increase in salaries and incomes in 2022 (excluding the increase in salaries and incomes resulted from adjustment of rank- or grade-based pay rate).

4. The Government shall request the National Assembly to consider adjusting statutory pay rate in conformity with the capacity of the state budget, consumer price index and national economic growth rate.

Article 4. Funding

1. Ministries, ministerial agencies, Governmental agencies, other agencies of central government shall:

a) Use 10% unused funding for recurrent expenditures (excluding salaries, salary-based allowances, salary equivalents and other human-related costs) as per 2023's budget estimates as compared with 2022’s budget estimates given by competent authorities;

b) Administrative units and public sector entities that have revenues shall set aside their own funds for salary reform from their retained revenues as prescribed by law after deducting costs of providing services and collecting service fees;

c) Use the remaining funds for the 2022’s salary reform (if any).

2. Provincial authorities shall:

a) Use 10% unused funding for recurrent expenditures (excluding salaries, salary-based allowances, salary equivalents and other human-related costs) as per 2023's budget estimates given by competent authorities;

b) Use 70% increase in local budget revenues in comparison with revenue estimate (excluding revenues from land levies; lottery; equitization and divestment from state-own enterprises managed by provincial authorities; land rents paid in lump-sum by investors for paying compensation and land clearance costs, and revenues from disposition of public property at regulatory authorities, organizations and units which are used for covering investment expenditures according to competent authorities’ decision; fees for paddy land protection and development; entry fees to world heritage and relic sites, service charges paid for using infrastructure facilities, public utility facilities and services at border checkpoint areas, environmental protection fees for mining activities, revenues from public land, other yields and public property, and revenues from lease, lease purchase or sale of state-owned housing) given by the Prime Minister;

c) Use the remaining funds for the 2022’s salary reform (if any);

d) Use at least 40% of the retained revenues in 2023 after deducting costs of providing services and collecting service fees. Particularly, public health facilities shall use at least 35% of their revenues from provision of medical examination and treatment services, preventive medicine and other medical services. The use of retained revenues shall comply with the Ministry of Finance of Vietnam’s guidelines on demand and funds for salary reform in 2023.

3. The central government’s budget shall provide financial support for Ministries, ministerial agencies, Governmental agencies, other agencies of central government and provinces if their finances for the 2023’s adjustment of statutory pay rate are insufficient despite their implementation of provisions in Clause 1 and Clause 2 of this Article.

4. Group-1 and group-2 public sector entities shall themselves cover funding for reform of salaries of their public employees and workers in accordance with the provisions of the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 prescribing financial autonomy of public sector entities and its amending and/or superseding documents (if any).

Article 5. Effect

1. This Decree comes into force from July 01, 2023.

2. The Government’s Decree No. 38/2019/ND-CP dated May 09, 2019 prescribing statutory pay rate of officials, public employees and armed forces’ personnel shall cease to have effect from the effective date of this Decree.

Article 6. Guidelines and implementation

1. The Minister of Home Affairs of Vietnam provides guidelines for implementation of this Decree with regard to employees on payroll of authorities, organizations and agencies of the Vietnam Communist party, the Government, the Vietnamese Fatherland Front, and socio-political organizations and associations.

2. The Minister of National Defense of Vietnam and the Minister of Public Security of Vietnam provide guidelines for implementation of this Decree with regard to employees under their management.

3. The Minister of Finance of Vietnam:

a) provides guidelines for determination of demands, funding sources and payment methods for adoption of the statutory pay rate as defined in this Decree;

b) provides guidelines for payment of salaries and incomes by authorities and entities that are implementing the specific financial and income mechanism at central level as prescribed in Clause 3 Article 3 of this Decree;

c) verifies demands and provides funding for covering budget deficit for adoption of the statutory pay rate of ministries, ministerial agencies, Governmental agencies, other agencies of central government and provinces as prescribed in this Decree.

4. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees are responsible for the implementation of this Decree.