Circular No. 06/2018/TT-BNV dated May 31, 2018 of the Ministry of Home Affairs on guiding the employees on payroll in bodies, organizations and agencies of the Vietnam communist party and the government, and political or social organizations and associations

THE MINISTRY OF HOME AFFAIRS

Circular No.  06/2018/TT-BNV dated May 31, 2018 of the Ministry of Home Affairs on guiding the employees on payroll in bodies, organizations and agencies of the Vietnam communist party and the government, and political or social organizations and associations

Pursuant to Government's Decree No. 34/2017/ND-CP dated April 3, 2017 defining the functions, tasks, entitlements and organizational structure of the Ministry of Home Affairs;

Pursuant to Clause 1 Article 6 of Government's Decree No. 72/2018/ND-CP dated May 15, 2018 on statutory pay rate for public officials and public employees and armed forces’ personnel;

At the request of Director of Wage Department;

The Minister of Home Affairs promulgates a Circular on guidelines for statutory pay rate for employees on payroll in bodies, organizations and agencies of the Vietnam Communist party and the Government, and political or social organizations and associations.

Article 1. Subject of application

1. Public officials on payroll of state budget working in the Communist Party agencies, regulatory bodies, socio-political organizations in central echelon; in provinces and central-affiliated cities (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 special economic zones (SEZs).

2. Public officials in leadership and public employees on payroll of public sector entities as per the law.

3. Public officials and public employees who are rotated or on second to associations, non-governmental organizations, projects and international organizations and agencies based in Vietnam subject to decisions of competent authorities.

4. Public officials of communes, wards and towns and part-time workers in communes and villages and neighborhoods prescribed in Government's Decree No. 92/2009/ND-CP dated October 22, 2009 on positions, number, and certain policies for public officials of communes, wards and towns and part-time workers in communes (amended at Government's Decree No. 29/2013/ND-CP dated April 8, 2013).

5. People’s Council deputies who receive remunerations as per the law in force.

6. Employees in cryptography organizations.

7. The following entities shall also be regulated by this Circular when having their amount of contribution to social insurance and benefits determined and having their salary-based benefits processed as per the law:

a) Public officials and public employees who have attended educational institutions, have been on probation or business, and have received treatment or nursing locally or abroad on the payroll of the Communist Party agencies, regulatory bodies, socio-political organizations, public sector entities and state-funded associations;

b) Persons who have been in a period of apprenticeship or probation (including public employee apprentices of commune) in the Communist Party agencies, regulatory bodies, socio-political organizations, public sector entities and state-funded associations;

c) Public officials and public employees who have been suspended from work or held in custody;

d) Entities working in Communist Party agencies, regulatory bodies, socio-political organizations, public sector entities and state-funded associations who are eligible for concluding labor contracts under the payroll issued together with Government's Decree No. 204/2004/ND-CP dated December 14, 2004 on pay regime for public officials and public employees and the armed forces.

Article 2. Interpretation of terms

1. Socio-political organizations prescribed in this Circular are organizations prescribed in Article 1 of Decision No. 128-QD/TW dated December 14, 2004 of Secretariat of the Communist Party of Vietnam on pay regime for public officials and public employees of Communist Party agencies, Fatherland Front and associations.

2. State-funded associations mentioned in this Circular are associations prescribed in Government's Decree No. 45/2010/ND-CP dated April 21, 2010 on organization, operation and management of associations and Decision No. 68/2010/QD-TTg dated November 1, 2010 of the Prime Minister on special associations.