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Circular 10/2008/ttlt-Btc-Bnv: Guide The Implementation Of The General Minimum Wage From January 2009 For State Agencies, Political Organizations, Social-Political Organizations And ...

Original Language Title: Thông tư liên tịch 01/2009/TTLT-BNV-BTC: Hướng dẫn thực hiện mức lương tối thiểu chung từ ngày 01 tháng 5 năm 2009 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 6 of Decree 33/2009/ND-CP on April 6th, 2009 by the Government of the general minimum wage regulations (hereafter abbreviated as Decree No. 33/2009/ND-CP);

After exchanging ideas with the Central Organization Committee and related bodies, the Ministry of Interior and the Ministry of Finance shall guide the implementation of the general minimum wage from January 2009 for State agencies, political organizations, social-political organizations and business units as follows : article 1. The scope and subjects of application 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. 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. dedicated officers and public servants in the communes, wards, the provisions in clause 1 and clause 2 article 2 of Decree 117/2003/ND-CP dated 21 October 2003 of the Government policy for the regime, officials and public servants in communes, wards and towns.

5. preschool teachers in preschool and teacher contract provisions in decision No. 161/2002/QD-TTg on November 15 2002 by 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. Employees working under contract mode (contract work or employment contract) in the business units outside of the established and operating in accordance with the law.

8. 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.

9. The working body in the organization body.

10. 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. public servants in payroll payroll of State agencies, political organizations , social-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, social-political organizations and of public business units;

c., who is a reserve officer in the probationary or trial (including the social worker) in State agencies, political organizations, social-political organizations and the public;

d. officers, civil servants, public employees are suspended, are detained, the detention;

Sync objects signed labor contracts have been arranged according to the 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 organization, social-political organizations referred to in this circular as the organizations specified in article 1 of decision No. 131/QD-TW on 14 December 2004 by the Secretariat of the Communist Party toward salaries for public servants, the party and the 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, 2009 is 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 Standing Committee of the National Assembly, resolution No. 1003/2006/NQ-UBTVQH11 March 3, 2006 the Standing Committee of the National Assembly , Decision No. 131/QD-TW on 14 December 2004 by the Secretariat of the Central Party, Decree No. 204/2004/ND-CP on December 14, 2004 of the Government and the general minimum wage as defined in article 1 of Decree 33/2009/ND-CP to calculate the salary, allowance and the level of wage disparity reserves (if any) as follows a. calculated salary: salary taken from 7/5/2009 = the general minimum wage 650,000/month x current wage factor influenced b. The formula allowance levels:-for the calculation of allowances according to the general minimum wage: the level of allowances made from 7/5/2009 = the general minimum wage 650,000/month x weighting allowance currently enjoyed-for with allowances calculated according to the% We enjoy the public salary stipend and allowance leadership beyond seniority (if any): the level of allowances made from 1/5/2009 = salary taken from 7/5/2009 + leadership stipend Levels from 1/5/2009 (if any) + seniority allowance Levels beyond the frame made from 1/5/2009 (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 7/5/2009 = the general minimum wage 650,000/month x coefficient difference reserve currently enjoy (if available) 2. For workers in the business units in addition to the establishment of the workers in the business units in addition to the provisions in Article 7 paragraph 1 of this circular pursuant to the general minimum wage as defined in article 1 of Decree 33/2009/ND-CP to calculate the salary stated in the contract; encapsulation, enjoy social insurance regime, health insurance; wages and holidays, annual vacation and other regimes as prescribed by law.

3. for the people's Assembly deputies of the people's Council levels the levels prescribed in clause 8 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 October 4 2005 by the Commission of the National Assembly for the calculation of the level of activity fee according to the following formula: charge activity Levels from 1/5/2009 = the general minimum wage 650,000/month x coefficient prescribed fee activities 4. With regard to the working body in the organization body prescribed in clause 9 Article 1 of this circular.

a. the person doing the work of the body is mostly military personnel, of public security people apply the calculation of salaries and allowances under the guidance of the Ministry of defence and the Ministry of public security;

b. the Person working the muscle weakness is not military personnel, of public security of the people and the people who do the work of others in the Organization, made weaker body computer, the level of salary and allowance money of coefficient difference reserve (if any) as for public servants according to the provisions in clause 1 article 2 to this circular.

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 the May 1, 2009, the wage for the calculation of the allowance, the amount of the difference in reserves (if any) and operating costs under the guidance of 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. the cost of implementing the general minimum wage for the employees clause 7 article 1 this circular by the business units of self assurance from career earnings under the provisions of the law.

4. This circular takes effect 45 days after enforcement, since the date of signing.

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 650,000/month from May 1, 2009.

Abolish circular No. 05/2007/TTLT-BNV-BTC on December 10, 2007 of the Ministry of the Interior and the Ministry of Finance shall guide the implementation of the general minimum wage from January 1, 2008 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, 2009.

6. The Ministry of defence, the Ministry of public security after the reunification with the Ministry of Interior and the Ministry of Finance shall guide the implementation of the general minimum wage from January 2009 for the objects in the scope of management.


In the process if there are obstacles, the ministries, the local reflection on Ministry of the Interior and the Ministry of finance to study the resolution.

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