Nghị định 34/2012/NĐ-CP về chế độ phụ cấp công vụ

DECREE

ON OFFICIAL DUTY ALLOWANCES

Pursuant to the Law on Government Organization dated December 25, 2001;

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

The Government hereby promulgates a Decree on official duty allowances.

Article 1. Scope

This Decree provides for official duty allowances for cadres, public officials and persons receiving salaries or rank allowances from the state budget who are working for the Communist Party agencies, regulatory bodies and socio-political organizations in central echelon, in provinces and central-affiliated cities, in suburban districts, urban districts, district-level towns and provincial-affiliated cities, in communes, wards and district-level towns, and armed forces’ personnel.

Article 2. Regulated entities

1. Cadres, public officials and persons receiving salaries or rank allowances from the state budget in Article 1 of this Decree include:

a) Cadres specified in Clause 1 Article 4 of the Law on Cadres and Public Officials;

b) Public officials specified in Clause 2 Article 4 of the Law on Cadres and Public Officials and Articles 3, 4, 5, 6, 7, 8, 9, 10 and 12 of the Government’s Decree No. 06/2010/ND-CP dated January 25, 2010; except for the public officials specified in Article 11 of the Decree No. 06/2010/ND-CP;

c) Cadres and public officials in communes, wards and district-level towns specified in Clause 3 Article 4 of the Law on Cadres and Public Officials and Article 3 of the Government’s Decree No. 92/2009/ND-CP dated October 22, 2009;

d) Persons working under employment contracts for state administrative agencies specified in the Government's Decree No. 68/2000/ND-CP dated November 17, 2000, persons working under employment contracts for the Communist Party agencies and socio-political organizations specified in the Decree No. 68/2000/ND-CP; except for the persons working under employment contracts for public service providers;

dd) Officers, non-commissioned officers, enlistees, defense workers, defense public employees and contract employees in the People's Army of Vietnam;

e) Officers, salaried enlistees, enlistees, soldiers serving in a given term; public security workers and employees, and contract employees in the People’s Police of Vietnam;

g) Persons working for cryptography organizations.

2. The persons in Clause 1 of this Article who have been salaried or entitled to rank allowances as prescribed in the following documents:

a) Resolution No. 730/2004/NQ-UBTVQH11 dated September 30, 2004 of the Standing Committee of the National Assembly;

b) Resolution No. 1003/2006/NQ-UBTVQH11 dated March 03, 2006 of the Standing Committee of the National Assembly;

c) Decision No. 128-QD/TW dated December 14, 2004;

d) Government’s Decree No. 204/2004/ND-CP dated December 14, 2004;

dd) Government’s Decree No. 92/2009/ND-CP dated October 22, 2009.

Article 3. Official duty allowances

Every person mentioned in Article 2 hereof is entitled to an official duty allowance that is equal to 25% of his/her current salary plus (+) the leadership allowance and extra-seniority allowance (if any) or rank allowance.

Article 4. Rules for application

1. Official duty allowances shall be granted together with the monthly salary and not be used for determination of social insurance and health insurance premiums and payout.

2. Period of time not used for determination of official duty allowances:

A person specified in Article 2 of this Article shall not be entitled to official duty allowances:

a) while he/she is going on a mission, working or studying abroad, and he/she shall be entitled to 40 % of his/her salary as prescribed in Clause 4 Article 8 of the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004;

b) if he/she takes unpaid leave for at least 01 consecutive month;

c) while he/she is taking unpaid leave and still receiving social insurance payout in accordance with regulations of law on social insurance;

d) while he/she is being suspended from his/her employment or kept in temporary detention.

3. Any person who stops working for the Communist Party agencies, regulatory bodies, socio-political organizations and armed forces will not receive official duty allowances from the next month.

4. Any person entitled to job-related allowances, responsibility allowances or specific allowances as prescribed by the competent authority is also entitled to official duty allowances specified in this Decree.

Article 5. Funding sources

Funding for providing official duty allowances as prescribed in this Decree shall be covered by the state budget and other agencies and units’ legal sources of finance.

Article 6. Effect

1. This Decree comes into force from June 01, 2012.

The persons specified in Article 2 of this Decree shall be entitled to official duty allowances as of May 01, 2012.

2. The Government’s Decree No. 57/2011/ND-CP dated July 07, 2011 on official duty allowances is repealed.

Article 7. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: info@vinaseco.vn