Decree No. 08/2019/ND-CP some regimes for members of overseas Vietnamese missions

DECREE

Providing a number of regimes for members of overseas Vietnamese missions^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 18, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam, and the November 21, 2017 Law on Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam;

Pursuant to the November 13, 2008 Law on Cadres and Civil Servants;

Pursuant to the November 15, 2010 Law on Public Employees;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the conclusion of the 29^thsession of the National Assembly Standing Committee notified in the National Assembly General Secretary’s Official Letter No. 2587/TB-TTKQH of December 14, 2018;

At the proposal of the Minister of Foreign Affairs;

The Government promulgates the Decree providing a number of regimes for members of overseas Vietnamese missions.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree provides the cost-of-living allowance, other allowances and subsidies, insurance for medical examination and treatment, working time, and other regimes for members of overseas Vietnamese missions who are salaried by the state budget or have their income from the state budget and their accompanying spouses and minor children.

Article 2.Subjects of application

1. Members of overseas Vietnamese missions and their accompanying spouses and minor children.

2. Agencies and organizations responsible for ensuring and implementing the regimes provided in this Decree.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Overseas Vietnamese missions include overseas representative missions of the Socialist Republic of Vietnam (below referred to as overseas Vietnamese representative missions) and other overseas Vietnamese missions.

Overseas Vietnamese representative missions include diplomatic missions, consular missions and representative missions at international organizations performing the function of officially representing the Vietnamese State in its relations with host countries, territories and receiving international organizations under the Law on Overseas Representative Missions of the Socialist Republic of Vietnam.

Other overseas Vietnamese missions means missions outside the organizational structure of overseas Vietnamese representative missions enjoying state budget funds or other funding sources prescribed by law, and established overseas by ministries, government-attached agencies or other central agencies in accordance with law.

2. Member of overseas Vietnamese missions means a cadre, civil servant or public employee who is salaried by the state budget; an officer, a professional army man, public employee or worker in the armed forces salaried by the state budget and assigned by a competent authority to serve a term of office at an overseas Vietnamese mission under the Law on Overseas Representative Missions of the Socialist Republic of Vietnam, Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam, and other relevant regulations.

3. Spouse means a husband or wife of a member of an overseas Vietnamese mission.

4. Basic cost-of-living allowance level means a norm calculated in US dollar applicable to all areas.

5. Workplace coefficient means a conventional coefficient used to evaluate advantages and disadvantages of a locality where an overseas Vietnamese mission is based.

6. Cost-of-living allowance index means an index corresponding to diplomatic positions and titles of members of overseas Vietnamese missions.

Article 4.Grounds and principles for determination of regimes for members of overseas Vietnamese missions

1. The regime of cost-of-living allowance, other allowances and subsidies and other regimes shall be set based on daily-life material and spiritual needs of members of overseas Vietnamese missions and their spouses, aimed to help them fulfill their tasks, and must be suitable to the State’s financial capacity, characteristics of foreign affairs and specific conditions of their workplaces.

2. The cost-of-living allowance shall be determined by multiplying the basic cost-of-living allowance level by the workplace coefficient and cost-of-living allowance index, in which:

a/ The basic cost-of-living allowance level shall be determined based on the general demand for food and essential spending and certain cultural and spiritual needs of members of overseas Vietnamese missions, suitable to the State’s financial capacity and characteristics of foreign affairs overseas;

b/ The workplace coefficient shall be determined based on the combination of elements of security-political environment, natural environment-climate and cultural-social environment, educational conditions, healthcare conditions, geographical distance, living costs, workload, and labor attraction of each locality where an overseas Vietnamese mission is based;

c/ The cost-of-living allowance index shall be determined according to the standard title and working position appointed in overseas Vietnamese missions and current domestic salary coefficient of an overseas Vietnamese mission member. The cost-of-living allowance index of a spouse shall be determined according to the standard title and working position of his/her spouse being a member of an overseas Vietnamese mission.

3. Principles for application of the cost-of-living allowance regime:

a/ The cost-of-living allowance regime shall apply uniformly to members of overseas Vietnamese missions;

b/ Holders of higher diplomatic posts or titles are entitled to higher cost-of-living allowance indexes;

Chapter II

SPECIFIC PROVISIONS

Article 5.Cost-of-living allowance

1. The basic cost-of-living allowance level applicable to overseas Vietnamese missions is USD 650/person/month and may be adjusted when the consumer price index in the area where an overseas Vietnamese mission is based increases by 10% or more or depending on Vietnam’s socio-economic development conditions.

2. The workplace coefficient has 5 levels: 1.0; 1.1; 1.2; 1.3 and 1.4.

The Ministry of Foreign Affairs shall promulgate the list of overseas Vietnamese missions classified according to the workplace coefficient after reaching agreement with the Ministry of Finance.

3. The cost-of-living allowance index is between 100% and 250% and shall be determined according to diplomatic titles and positions of members of overseas Vietnamese missions and their current domestic salary coefficient.

The cost-of-living allowance index shall be specified in the decision assigning a person to serve a term of office at an overseas Vietnamese mission.

Promulgated together with this Decree are five tables of cost-of-living allowance indexes (in the Appendix), including:

a/ Table 1: applicable to members of overseas Vietnamese missions who hold diplomatic posts.

b/ Table 2: applicable to members of overseas Vietnamese missions who do not hold diplomatic posts.

c/ Table 3: applicable to members of Vietnamese security-national defense missions who do not hold diplomatic posts.

d/ Table 4: applicable to administrative, technical and logistic employees.

dd/ Table 5: applicable to spouses.

Article 6.Allowances

1. Ambassadors and heads of overseas Vietnamese missions who are assigned by competent authorities to perform part-time tasks in other countries or at international organizations in other countries are entitled to workplace-based part-time allowances. An allowance equal to 15% or 20% of the basic cost-of-living allowance level multiplied by the workplace coefficient shall apply to those performing part-time tasks in one or two country(ies) or at one or two international organization(s) in other countries; and in three or more countries or at three or more international organizations in other countries, respectively.

2. Where there are not enough members on approved payrolls at overseas Vietnamese missions, members of overseas Vietnamese missions who are assigned by competent authorities to perform part-time tasks on other payrolls are entitled to a workplace-based part-time allowance equal to 15% of the basic cost-of-living allowance level multiplied by the workplace coefficient.

3. Female members of overseas Vietnamese missions are entitled to a monthly allowance equal to 5% of the basic cost-of-living allowance level multiplied by the workplace coefficient.

Article 7.Subsidies

1. Members of overseas Vietnamese missions who serve their terms of office in workplaces where there are armed conflicts or natural disasters or serious epidemics hit, threatening their lives, or who work in extremely difficult conditions are entitled to a monthly allowance equal to 30% of the basic cost-of-living allowance level multiplied by the workplace coefficient.

Based on reports of heads of overseas Vietnamese missions and practical conditions of workplaces, the Minister of Foreign Affairs shall decide on workplaces and period of enjoyment of the above allowance level after reaching agreement with the Ministry of Finance.

2. For a member of an overseas Vietnamese mission who is injured or dies during his/her term of office overseas, he/she or his/her family members, in addition to the regimes provided in the Law on Cadres and Civil Servants and Law on Public Employees, is/are entitled to subsidies, specifically as follows:

a/ A lump-sum subsidy, which  triples the basic cost-of-living allowance level if his/her injury results in the working capacity decrease of 21% or more.

b/ A lump-sum subsidy which septuples the basic cost-of-living allowance level if he/she dies.

Article 8.Insurance for medical examination and treatment

1. Members of overseas Vietnamese missions may have their overseas medical examination and treatment insurance premiums partially paid.

2. Based on Vietnam’s socio-economic development conditions, the Minister of Finance shall guide in detail the subsidy levels in this Article.

Article 9.Other regimes

1. Members of overseas Vietnamese missions may have accommodation rental and electricity, water, fuel, cable TV, telephone and Internet charges paid by the State; and enjoy 40% of their current salaries plus the leading position-based allowance, the allowance for working seniority and extra-bracket working seniority (if any) at home; and may continue paying social insurance premiums like when working at home.

2. Members of overseas Vietnamese missions may be given a monetary lump sum for the whole term of office to purchase formal attire for diplomatic events and essential belongings (suits, ties, shoes and jackets).

3. Airfares (or other vehicles’ fares), luggage charges during the term of office

a/ Upon the departure from Vietnam to their workplaces and upon the end of their term of office, members of overseas Vietnamese missions may have their expenses for travelling from their residences to the airports, train stations, bus stations and vice versa paid; or are entitled to economy-class airfares. If travelling by other vehicles, they may have their vehicles’ fares paid;

b/ Heads of overseas Vietnamese missions are entitled to business-class airfares when they travel for the first time to their workplaces and back home upon the end of their term of office; when they present credentials or bid farewell in countries where they perform part-time tasks, when they go on working trips together with the host countries’ officials or trips organized by diplomatic corps and working trips required by their jobs in the host countries. If travelling by train, they are entitled to first-class tickets;

c/ Members of overseas Vietnamese missions may have charges for 50 kilograms of their extra luggage on each flight (in addition to the airlines’ luggage allowance) paid when they travel to their workplaces and back home upon the end of their term of office.

4. Members of overseas Vietnamese missions are entitled to paid return airfares or round trip ticket prices of other vehicles to Vietnam or a third country during their term of office in case their blood parents, parents-in-law, adoptive parents as prescribed by law, spouses, offspring or adopted children as prescribed by law die in Vietnam or a third country.

5. Members of overseas Vietnamese missions are entitled to an allowance for working trips in host countries or to other countries.

6. Members of overseas Vietnamese missions who have to work at night or overtime may be arranged to have days off in compensation or enjoy an overtime pay.

7. Members of overseas Vietnamese missions and their accompanying relatives may enjoy import duty exemption for their belongings carried back home upon the end of their term of office.

8. Female members of overseas Vietnamese missions are entitled to the maternity regime prescribed by the law on social insurance.

9. The Minister of Finance shall detail Clauses 1 thru 7 of this Article.

Article 10.Working time and breaks

1. The working duration is 8 hours a day, 5 days a week.

2. Members of overseas Vietnamese missions are entitled to their full cost-of-living allowance on annual leave, public and New Year holidays and personal leave under the labor law and official public holidays in host countries.

Article 11.Regime for spouses

1. Spouses assigned to go with members of overseas Vietnamese missions for a given term of office are entitled to the cost-of-living allowance specified at Point dd, Clause 3, Article 5 of this Decree.

2. Spouses of members of overseas Vietnamese missions who are unable to accompany their spouses due to difficult family circumstances or difficult or dangerous circumstances in workplaces are entitled to 50% of the cost-of-living allowance specified at Point dd, Clause 3, Article 5 of this Decree.

3. Upon the departure from Vietnam to their workplaces and upon the end of their term of office, spouses may have their expenses for travelling from their residences to airports, train stations, bus stations and vice versa paid; and are entitled to economy-class airfares. If travelling by other vehicles, their vehicles’ fares may be paid. Spouses of heads of overseas Vietnamese missions may get tickets of the same class as the heads if they go together.

4. Spouses are entitled to paid return airfares or round trip ticket prices of other vehicles to Vietnam or a third country during their term of office in case their blood parents, parents-in-law, adoptive parents as prescribed by law, spouses, offspring or adopted children as prescribed by law die in Vietnam or a third country.

5. Spouses accompanying members of overseas Vietnamese missions during the length of the latter’s service are entitled to the same expenses for clothing and essential belongings of the whole term of office as the latter.

6. Spouses may have charge for 50 kilograms of their extra luggage on each flight (in addition to the airlines’ luggage allowance) paid when they travel to their workplaces and back home upon the end of their term of office.

7. Spouses who serve their term of office in areas where there are armed conflicts or natural disasters or serious epidemics hit, threatening their lives, or who work in extremely difficult conditions are entitled to the same monthly allowance as members of overseas Vietnamese missions under Clause 1, Article 7 of this Decree.

8. Spouses accompanying members of overseas Vietnamese missions during their term of office are entitled to the same insured medical examination and treatment as the latter.

9. Spouses are entitled to the same allowance as members of overseas Vietnamese missions under Clause 2, Article 7 of this Decree in case they are injured or die while serving their term of office.

10. Wives accompanying male members of overseas Vietnamese missions during their term of office are entitled to a monthly allowance equal to 5% of the basic cost-of-living allowance level multiplied by the workplace coefficient.

11. Spouses who are cadres, civil servants or public employees salaried by the state budget; or officers, professional army men, public employees or workers in the armed forces salaried by the state budget while enjoying the regime for diplomats’ spouses at overseas Vietnamese missions are entitled to 40% of their basic salaries plus the leading position-based allowance, the allowance for working seniority and for extra-bracket working seniority (if any) at home, and may continue paying social insurance premiums. They are entitled to the salary-grade promotion in accordance with the State’s regulations, and may be accepted to work at their former agencies upon the end of their term of office.

12. Spouses other than cadres, civil servants or public employees salaried by the state budget, or officers, professional army men, public employees or workers in the armed forces salaried by the state budget who have paid compulsory or voluntary social insurance premiums before serving their term of office overseas with members of overseas Vietnamese missions may continue paying social insurance premiums  as prescribed in the law on social insurance.

13. The Minister of Finance shall guide in detail the regimes mentioned in this Article.

Article 12.Regimes for minor children accompanying members of overseas Vietnamese missions

1. Minor children accompanying members of overseas Vietnamese missions may have their tuition fees in the host countries paid, specifically as follows:

a/ Their tuition fees granted for each month of the school year, applicable to cases of actual payment of tuition fees in the host countries;

b/ The maximum tuition fee subsidy is equal to 50% of the basic cost-of-living allowance level. The subsidy level may be adjusted as suitable to Vietnam’s socio-economic development conditions;

c/ Conditions for enjoyment of the tuition fee subsidy: They are studying in the areas of the host countries where public schools do not have tuition fee exemption policies for children of members of overseas Vietnamese missions or in the areas where children of members of overseas Vietnamese missions must study at private schools.

2. Minor children accompanying members of overseas Vietnamese missions may enjoy paid expenses for overseas medical examination and treatment insurance premiums not exceeding 50% of the same-kind expenses for members of overseas Vietnamese missions. The subsidy level may be adjusted as suitable to Vietnam’s socio-economic development conditions.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13.Funds for implementation

Funds for implementation of the regimes provided in this Decree shall be incorporated in annual state budget estimates for overseas Vietnamese missions and other lawful funding sources prescribed by law.

Article 14.Effect

1. This Decree takes effect on March 11, 2019.

2. The regimes provided in this Decree shall be applied from July 1, 2018.

3. To annul the Government’s Decree No. 157/2005/ND-CP of December 23, 2005, providing a number of regimes toward public employees working for a given term at overseas Vietnamese missions; and Decree No. 48/2012/ND-CP of June 4, 2012, amending and supplementing a number of articles of the Government’s Decree No. 157/2005/ND-CP of December 23, 2005, providing a number of regimes toward public employees working for a given term at overseas Vietnamese missions.

Article 15.Responsibility for implementation guidance

The Minister of Foreign Affairs and Minister of Finance shall guide the articles and clauses as assigned in this Decree.

Article 16.Responsibility for organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and heads of overseas Vietnamese missions shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.