Circular 01/2012/ttlt-Btc-Bnv: Guide The Implementation Of The General Minimum Wage From January 5, 2012 For State Agencies, Political Organizations, Social-Political Organizations And ...

Original Language Title: Thông tư liên tịch 01/2012/TTLT-BNV-BTC: Hướng dẫn thực hiện mức lương tối thiểu chung từ ngày 01 tháng 5 năm 2012 đối với cơ quan nhà nước, tổ chức chính trị, tổ chức chính trị - xã hội và đơn...

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Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

Base item 2 article 5 of Decree 31/2012/ND-CP dated 12 April 2012 of the Government general minimum wage regulations;

After exchanging ideas with the Central Organization Committee and related bodies, the Minister of the Interior and the Minister of Finance issued a circular Guide made the general minimum wage from January 5, 2012 for the State Agency, political organization , social-political organizations and business units as follows.

Article 1. Application object 1. Officials and public servants in the payroll paid from the State budget to work in State agencies, political organizations, socio-political organizations at Central; in the province, central cities; in the district, the County, towns and cities in the province.

2. Civil servants in the leadership, management and employees in the payroll paid from the State budget and other revenues prescribed career of law work in the business units of the State, political organization, social-political organizations (hereinafter referred to as the public).

3. Public servants in the State payroll and paid according to the table of salaries by the State regulatory authority to be sent to work at the Assembly, non-governmental organizations, projects and agencies, international organizations in Vietnam.

4. Officials and public servants in the communes, wards, the provisions in clause 1 and clause 2 article 2 of Decree 92/2009/ND-CP of September 22, 2009 by the Government about the title, quantity, modes, internal policy, public servants in the communes, wards and towns and those not dedicated to the.

5. preschool teachers in preschool and teacher contract provisions in decision No. 60/2011/QD-TTg on October 26, 2011 of the Prime Minister.

6. medical officer communes, wards and towns paid by decision No. 58/TTg dated March 2, 1994 and decision No. 131/TTg dated 4 March 1995 of the Prime Minister.

7. the people's Council levels to enjoy free activities as defined in paragraph 2 Article 75 active regulation of the people's Council levels attached to resolution No. 752/2005/NQ-UBTVQH11 April 2005 by the Commission of the National Assembly.

8. Who do the work and the body do other work in organizations.

9. The following subjects also in the scope of this circular to its closing, enjoy social insurance regime and the solve the mode involves the salary prescribed by law: a) the officers, servants, employees in the payroll of salaried State agencies , political organizations, socio-political organizations and of the public authority for permission to use salary ranked according to Decree No. 205/2004/ND-CP on December 14, 2004 of the Government wage ladder system, payroll and salary allowances regime in State companies;

b) officers, public officials, school officials, internship, work, treatment, nursing in the country and abroad in payroll payroll of State agencies, political organizations, socio-political organizations and of public business units;

c) who are in or the time trial (including the social worker) in State agencies, political organizations, socio-political organizations and the public;

d) officers, public servants are being temporarily suspended the work, are in custody, detention;

DD) The object of the contract labour has been ranked by salary of Decree 204/2004/ND-CP dated 14 December 2004 by the Government on the salary for public servants and the armed forces.

Political organizations, socio-political organizations referred to in this circular as the organizations specified in article 1 of decision No. 128-QD/TW on 14 December 2004 by the Secretariat of the Communist Party toward salaries for officials and civil servants, party officials , Fronts and unions.

The bodies, the unit, the Organization in article 1 of this circular hereinafter collectively as organs, units.

Article 2. Calculation of salary, allowances and salary costs, operational allowances (including coefficient of variances, if any) and operation cost of the objects specified in article 1 of this circular from August 5, 2012 are calculated as follows: 1. for officers, civil servants, personnel officer public servants, as defined in paragraph 1, 2, 3, 4, 5 and 6 article 1 of this circular, then based on the coefficient of salary and allowances currently enjoy the provisions of resolution No. 757/2004/NQ-UBTVQH11 of September 30, 2004 of the Committee of the National Assembly, resolution No. 1003/2006/NQ-UBTVQH11 March 3, 2006 the Standing Committee of the National Assembly , Resolution No. 810/2009/NQ-UBTVQH12 on June 22, 2009 by the Committee of the National Assembly, resolution No. 923/2009/UBTVQH12 April 3, 2009 the Standing Committee of the National Assembly, resolution No. 888NQ/2010/UBTVQH12 March 5, 2010 the National Assembly Commission, decision No. 128-QD/TW on 14 December 2004 by the Secretariat of the Communist Party , Decision No. 275-QD/TW on 04 December 2009 by the Secretariat of the Central Party, Decree No. 204/2004/ND-CP on December 14, 2004, the Government's Decree No. 76/2009/ND-CP dated September 15, 2009, the Government's Decree No. 92/2009/ND-CP of September 22, 2009 by the Government , Decree No. 116/2010/ND-CP on December 24, 2010, the Government's Decree No. 14/2012/NĐ-CP on 7 March 2012 of the Government and the general minimum wage as defined in article 1 of Decree 31/2012/ND-CP dated 12 April 2012 of the Government general minimum wage regulations (hereafter abbreviated as Decree No. 31/2012/ND-CP) to calculate the wage , the level of the allowance and the level of cash reserves the disparity coefficient (if available) are as follows: a) the formula calculated salary: salary is made from 1/5/2011 = general minimum wage 1,050,000/month x current wage factor affecting b) calculated the level of allowance:-for the calculation of allowances according to the general minimum wage : the level of allowances made from 1/5/2011 = general minimum wage 1,050,000/month x weighting allowance currently enjoyed-for with allowances calculated according to the% of current salary to enjoy plus a stipend and allowance leadership beyond seniority (if any): the level of allowances made from 1/5/2011 = salary taken from 1/5/2011 + allowance Level leadership made from 1/ 5/2012 (if any) + seniority allowance Levels beyond the frame made from 1/5/2011 (if applicable) x rate% allowance are entitled under the rules-for the prescribed allowances by specific wage will under current rules.

c) calculation of wage disparity reserves (if any): the level of cash reserves the disparity made from 1/5/2011 = general minimum wage 1,050,000/month x coefficient difference reserve currently enjoy (if available) 2. For the people's Assembly deputies of the people's Council levels the levels prescribed in item 7 article 1 of this circular, then based on the operating system for the people's Council of the levels prescribed in clause 2 Article 75 active regulation of the people's Council levels attached to resolution No. 752/2005/NQ-UBTVQH11 August 4, 2005 of the National Committee for the calculation of the level of activity fee according to the following formula: charge activity Levels from 1/5/2011 = general minimum wage 1,050,000/month x coefficient of activity of prescribed fees 3. For the people who do the work and the body do other work in the organized body prescribed in clause 8 article 1 this circular a) Who do body work and people working in organizations in the scope of management of the Ministry of defence and the Ministry of public security made under the guidance of the Ministry of defence and the Ministry of public security;

b) Who do body work and other jobs in the organization body of the party, State agencies, social-political organizations (not part of the scope of management of the Ministry of defence and the Ministry of public security), then made computer, the level of salary and allowance money of coefficient difference reserve (if any) according to the provisions in clause 1 article 2 circular This time.

Article 3. Implementation 1. The head of the Agency, the unit that manages the object directly paid, allowances and free activities specified in article 1 of this circular, based on the number of objects to January 5, 2012 for the calculation of salaries, allowance, the level of cash reserves the difference (if any) and works as a guide in this circular.

2. Determining the Fund salaries, allowances, fees and activities define the demand increased funds and funding sources for the objects from the State budget paid follow the instructions of the Ministry of finance.

3. Employees working under contract mode in addition to the established business units are established and operate in accordance with the law if use salary ranked according to Decree No. 204/2004/ND-CP on December 14, 2004, the Government's Decree No. 205/2004/ND-CP on December 14, 2004 of the Government shall be based on the general minimum wage provisions Article 1 of Decree 31/2012/ND-CP to calculate the salary stated in the contract; encapsulation, enjoy social insurance regime, health insurance; the salary. Funding to implement the general minimum wage by business units of self assurance from career earnings under the provisions of the law.


4. This circular effect since June 1, 2012.

Salary, allowances (including coefficient of variances, if any) and operation cost of the objects specified in article 1 of this circular was calculated according to the general minimum wage 1,050,000/month from May 1, 2012.

Abolish circular No. 04/2011/TTLT-BTC-BNV January 6, 2011 by the Ministry of the Interior and the Ministry of Finance shall guide the implementation of the general minimum wage from February 1st, 2011 for State agencies, political organizations, social-political organizations and business units.

5. Deductions and the mode are affected by the general minimum wage was calculated back respectively from May 1, 2012.

In the process if there are obstacles, the ministries, the local reflection on the Interior Ministry to coordinate with the Ministry of finance research, resolve./.

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