Decree 92/2025/ND-CP providing regulations on regimes and policies applicable to senior experts

DECREE

Providing regulations on regimes and policies applicable to senior experts

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008; the Law on Public Employees dated November 15, 2010; and the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees, dated November 25, 2019;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree providing regulations on regimes and policies applicable to senior experts.

Article 1. Scope of regulation

This Decree provides regulations on regimes and policies applicable to senior experts; instructions on the use of senior experts who are foreigners and overseas Vietnamese in the central agencies of the Party and the State, including:

1. Central Organization Commission.

2. Central Commission for Communication and Education and the Central Commission for Mass Mobilization.

3. Central Internal Affairs Commission.

4. Central Commission for Policy and Strategy.

5. Central Inspection Commission.

6. Office of the Party Central Committee.

7. Office of the President.

8. Government Office.

9. National Assembly Office.

Article 2. Subjects of application

Senior experts as specified in Article 1 of this Decree are individuals who meet the criteria and conditions for appointment by a competent authority in accordance with Regulation No. 180-QD/TW dated July 11, 2024, of the Secretariat, regarding senior experts, including:

1. Cadres, civil servants and public employees.

2. Retirees and individuals working outside the political system (those not on the payroll of agencies and organizations within the political system, including both Vietnamese citizens and foreigners).

Article 3. Regimes and policies applicable to senior experts who are cadres, civil servants, and public employees

The subjects specified in Clause 1, Article 2 of this Decree, who are currently holding leadership or managerial positions receiving salaries according to civil servant grades or public employee professional titles and receiving leadership allowances, or who are not holding leadership or managerial positions but are appointed as senior experts, shall cease holding their previous working positions from the date of appointment as senior experts. They shall be classified under the senior expert salary scale issued together with Decree No. 204/2004/ND-CP dated December 14, 2004, of the Government, on salary regime for cadres, public servants, officials, and armed force personnel (hereinafter referred to as the senior expert salary scale), and shall be entitled to the following regimes and policies:

1. In case of currently holding a leadership or managerial position with a position allowance coefficient of 0.9 or lower, or not holding a leadership or managerial position, the following regimes and policies shall apply:

a) Classified at salary grade 1, salary coefficient 8.80 under the senior expert salary scale;

b) Entitled to regimes and policies related to official duties equivalent to those applicable to assistants to senior leaders of the Communist Party and the State.

2. In case of currently holding a leadership or managerial position with a position allowance coefficient from 1.0 to 1.25, the following regimes and policies shall apply:

a) Classified at salary grade 2, salary coefficient 9.40 under the senior expert salary scale;

b) Entitled to regimes and policies related to official duties equivalent to those applicable to Deputy Ministers.

3. In case of currently holding a leadership or managerial position with a position allowance coefficient from 1.30 or higher, the following regimes and policies shall apply:

a) Classified at salary grade 3, salary coefficient 10.0 under the senior expert salary scale;

b) Entitled to regimes and policies related to official duties equivalent to those applicable to Ministers.

4. Where the new salary coefficient is lower than the total previous salary coefficient (including the salary coefficient for grade, rank, or title plus leadership allowance and seniority allowance beyond the framework, if any), the retained difference coefficient shall be applied to equal the total previous salary coefficient.

5. The agency employing the senior expert, based on the expert’s performance and the agency’s resource availability, may provide additional regimes and policies (bonuses, working conditions, etc.) appropriate to its actual circumstances.

6. In case, after ceasing to serve as a senior expert, the competent agency appoints the cadre, civil servant, or public employee to a new job position, the salary grade shall be determined based on the grade of the civil servant rank or professional title of the public employee received prior to the appointment as a senior expert and the period of service as a senior expert, in order to classify to a higher salary grade within that civil servant rank or professional title; salary-based allowances (if any) associated with the new job position shall be granted in accordance with regulations.

Article 4. Regimes and policies applicable to retirees and individuals working outside the political system as specified in Clause 2, Article 2 of this Decree

1. The head of the agency shall reach an agreement with the individual proposed for recruitment or appointment as a senior expert regarding the salary level and applicable regimes and policies, on a case-by-case basis, within the scope of regimes and policies applicable to senior experts who are cadres, civil servants, and public employees, up to the maximum level prescribed in Clause 3, Article 3 of this Decree, prior to submitting the appointment to the competent authority as the basis for conclusion of a work contract.

2. The agency employing the senior expert who is a foreigner or overseas Vietnamese under this Article must ensure compliance with the law on labor, protection of state secrets, relevant laws, and the agency’s internal working regulations.

Article 5. Funds for implementation

1. Funds for the implementation of regimes and policies applicable to senior experts shall be allocated from the state budget in accordance with the current decentralization.

2. The Ministry of Finance shall submit to competent authorities for allocation of funds for the implementation of regimes and policies applicable to senior experts as prescribed in this Decree in accordance with the law on the state budget.

Article 6. Implementation responsibility

Within the scope of their assigned functions and tasks, agencies employing senior experts shall be responsible for utilizing and implementing the regimes and policies applicable to senior experts in accordance with this Decree.

Article 7. Effect

This Decree takes effect from June 15, 2025.

Article 8. Implementation

Agencies specified in Article 1 of this Decree and concerned organizations and individuals shall implement this Decree.