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Circular 08/2011/ttlt-Btc-Bnv: Guide The Implementation Of A Number Of Articles Of Decree No. 116/2010/nd-Cp On December 24, 2010 By The Government On The Policy For Officers, Public Servants, Members Of The Ch

Original Language Title: Thông tư liên tịch 08/2011/TTLT-BNV-BTC: Hướng dẫn thực hiện một số điều của Nghị định số 116/2010/NĐ-CP ngày 24 tháng 12 năm 2010 của Chính phủ về chính sách đối với cán bộ, công chức, viên ch

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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;

Pursuant to Decree No. 116/2010/ND-CP on December 24, 2010 by the Government on the policy for officers, servants, employees and paid people in the armed forces in the region have socio-economic conditions particularly difficult (hereafter abbreviated as Decree No. 116/2010/ND-CP);

The Ministry of the Interior and the Ministry of Finance shall guide the implementation of a number of articles of Decree No. 116/2010/ND-CP DATED as follows: article 1. Guidelines on particularly difficult Township region of ethnic and mountainous, the commune especially difficulty stricken coasts, Islands and villages particularly hard specified in point b and point c, paragraph 2 article 1 of Decree 116/2010/ND-CP 1. The commune of particularly difficult region of ethnic and mountainous, the commune of particularly difficult stricken coastal areas and Islands provided for in point b, paragraph 2, article 1 of Decree 116/2010/ND-CP: in prime time has not issued new regulations replace the decision approving the list of particularly difficult Township 2006-2010 period, the list of communes particularly difficult region of ethnic and mountainous, the commune of particularly difficult stricken coastal areas and Islands in the scope of the policy provisions in Decree No. 116/2010/ND-CP was continuing to follow the following text: a) decision No 106/2004/QD-TTg dated 11 June 2004 by the Prime Minister approving the list of special Township difficult to stricken coastal areas and Islands;

b) decision No. 164/2006/QD-TTg dated 11 July 2006 of the Prime Minister approving the list of special social difficulties, Township border, safe zone township on an investment program of social-economic development of the town especially hard the minorities and mountain 2006-2010 period (135 program phase II);

c) decision No. 113/2007/QD-TTg dated July 20, 2007 by the Prime Minister approving the list of communes fulfill program objectives of socio-economic development of the region ethnic, mountainous, border and remote areas the period 1995-2005, the addition of the communes village, on an investment of 135 program phase II and the stricken coastal Township and island on an investment program of national poverty reduction goals 2006-2010 phase;

d) decision No 70/2008/QD-TTg dated May 28, 2008 by the Prime Minister approving the list of additional special social difficulties, Township border, safe zone township on an investment program of phase II and the list of 135 communes out of an investment of 135 program phase II;

DD) decision No. 1105/QD-TTg dated July 28, 2009 by the Prime Minister on the additional list of special social difficulties, Township border, safe zone township on an 135 program phase II and complete Township list targets, out of a total investment of 135 program phase II;

e) other decisions of the Prime Minister about the amendment, supplement the list of particular social difficulties (if available).

2. The merchant, Hamlet, Hamlet, a village, phum, care, Hamlet, ... (collectively) particularly hard specified in point c, paragraph 2, article 1 of Decree 116/2010/ND-CP: in time, the Chairman of the Committee of Ministers the nation has not yet issued the new decision replaces the decision approving the list of villages particularly hard in zone II into an investment of 135 program phase II, the list of villages particularly hard in the scope of the policy provisions in Decree No. 116/2010/ND-CP was continuing to follow the following text: a) decision No. 01/2008/QD-BTM DATED November 1, 2008 of the Minister, the Chairman of the ethnic Committee approving the list of villages particularly hard in zone II into an investment of 135 program phase II;

b) decision No. 331/QD-BTM DATED 19 October 2009 of the Minister, the Chairman of the ethnic Committee approving the list of villages particularly hard in zone II into an investment of 135 program phase II;

c) other decisions of the Secretary, the Chairman of the ethnic Committee of the amendments, supplements the list of communes and villages particularly hard (if available).

3. When the Prime Minister; The Secretary, the Chairman of the Committee for ethnic or competent authority issued the new decision approving the communes and villages particularly hard replace the decisions prescribed in clause 1 and clause 2 of this Thing, then follow the new decision.

Article 2. Tutorial on object to apply the provisions of paragraph 1 and Paragraph 2, article 2 of Decree 116/2010/ND-CP 1. Officers, servants, employees and persons working under employment contract regime, including the apprentice, the apprentice in the agencies, organizations, business units of the party, State, social-political organizations prescribed in clause 1, article 2 of Decree 116/2010/ND-CP, include: a) officers , public servants (including apprentice) and who work under labor contracts regimen paid from the State budget to work in the party, State agencies, socio-political organizations at Central; in the province, central cities; in the district, the County, towns and cities in the province;

b) employees (including the apprentice, the apprentice) and who work under labor contracts regimen paid from the State budget and other sources of revenue under the provisions of the career law, worked in the business units of the party, State, social-political organizations (hereinafter referred to as the public);

c) officers, public servants in the communes, wards and towns stipulates in paragraph 3, article 4 of law officers, public servants;

d) Who work the muscle weakness in the cipher organization.

2. Officers, professional military officer, technical expertise and people paid from the State budget, including the people who work under labor contracts in the people's army and people's public security specified in clause 2, article 2 of Decree 116/2010/ND-CP, include: a) officer , professional military personnel, workers, employees, contract labor defense paid from the State budget Department of the Vietnam people's army;

b) officer, lower-paid officers; the workers, employees and contract workers paid from the State budget Department of the public security of the people.

3. The object prescribed in clause 1 and clause 2 of this has been arranged in accordance with salary the following text: a) resolution No. 757/2004/NQ-UBTVQH11 of September 30, 2004 of the Standing Committee of the National Assembly on the approval of payroll positions, Board level position for leading cadres of the State; Professional payroll services, judiciary, prosecution;

b) resolution No. 1003/2006/NQ-UBTVQH11 March 3, 2006 of the Standing Committee of the National Assembly on the approval of payroll and Office allowances for officials and leaders of State audits; table of wages, allowances, costumes for officers, public officials, State Audit priority mode for State Auditor;

c) 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;

d) Decree No. 204/2004/ND-CP dated 14 December 2004 by the Government on the salary for public servants and the armed forces (hereafter abbreviated as Decree No. 204/2004/ND-CP);

DD) Decree No. 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.


Article 3. Guide on allowances that attracts the provisions of article 4 of Decree 116/2010/ND-CP 1. Object, the level of enjoyment and time allowance to attract follow the provisions of article 4 of Decree 116/2010/ND-CP.

2. Charging: the level of money attract is calculated according to the following formula: attract money Level = general minimum wage salary coefficient x according to the position, function or level scales we enjoy + leadership allowances (if any) +% (rules of) allowances beyond seniority (if any) x 70% 3. The time allowance calculated as follows: the attraction a) case to work in regions with socio-economic conditions particularly difficult from March 2011 onwards and currently still work in that region, then the calculated allowance to attract since March 2011.

Example 1. Mr. Nguyen Van A social servant, is already at work time B Department has social-economic conditions particularly difficult from January 2005 until the present. Therefore, the time computer allowance of Mr. Nguyen Van A as prescribed in this circular is effective from March 2011.

b) case to the work in the social-economic conditions particularly difficult after March 2011, the calculated allowance to attract since May has decided to accept the Agency's authority.

Example 2: Ms. Vu Thi C are competent authorities maneuver, do layout in town D Department has social-economic conditions particularly hard since January 10, 2011. Therefore, the time computer allowance of Ms. Vu Thi C as prescribed in this circular is effective from July 2011.

Article 4. Guide to perennial work allowance in the region there are social-economic conditions particularly difficult provisions of article 5 of Decree 116/2010/ND-CP 1. Object and extent of perennial work allowance in the region there are social-economic conditions particularly difficult according to the provisions of article 5 of Decree 116/2010/ND-CP.

2. The actual time worked in the social-economic conditions particularly difficult prescribed in clause 1 of this article is a total working time have compulsory social insurance in the social-economic conditions particularly difficult (if there's time, the interregnum was carried) , including: a) working time in the agencies, organizations, business units of the party, State, social-political organizations;

b) working time in the people's army and public security of the people.

3. Calculation: the level of money long work in the social-economic conditions particularly difficult is calculated according to the following formula: the level of allowance money long work = general minimum wage allowance Level x is entitled according to the actual time worked in the social-economic conditions particularly difficult for example 3. Mr. Le Van E has real working time have compulsory social insurance premiums as follows: from 1 January 1995 to 30 June 1998 as at primary school teacher G not in socio-economic conditions of society particularly hard. From July 1998 to January 3, 2011 at work K Department of to have socio-economic conditions particularly difficult is 12 years 8 months should be entitled to a stipend of perennial woes 0.7 level. The level of allowance money to the work of Mr. E is calculated as follows: the general minimum wage in March and April 2011 is 730,000 Dong per month, so the level of allowance money perennial work in March and April 2011 says E per month is: 730,000 VND/month x 0.7 = 511,000/month. As of January 5, 2011 general minimum salary is 830,000 Dong/month, the extent of perennial work allowance money from his January 2011 E is 830,000/month x 0.7 = 581,000/month.

If he E continue to work constantly in regions with socio-economic conditions particularly difficult then to July 2013 (when enough 15 years) grandfather E will be entitled to a stipend of perennial 1.0 level work than the general minimum wage at that time.

Article 5. Guide to first aid and grants the transfer provisions in article 6 of Decree 116/2010/ND-CP 1. Objects and first aid level, roaming support, made according to the provisions of article 6 of Decree 116/2010/ND-CP.

2. The subsidy money, baggage charges for the same family members go to the provisions in Paragraph 2, article 6 of Decree 116/2010/ND-CP by the ticket price, the actual rates of public transportation or payment according to the level of the stocks on the basis of kilometres away with the unit cost of public transportation (the train car, boat, guests).

3. first aid, subsidies and grants of money, baggage charges for family members by the Agency, organization, unit in the socio-economic conditions particularly difficult where the reception, the layout assigned the work payments.

Article 6. Guide to grants of money to purchase and transport of clean fresh water and provisions of article 7 of Decree 116/2010/ND-CP 1. The lack of fresh water and clean according to the season due to natural conditions with no water or there but not enough to serve the needs of living from 7 consecutive months or more during the year.

2. Allowance: a) the base for the calculation of the subsidy money to buy and transport fresh and clean for a person include: standard norms: 6 cubic meters/person/months (a);

The actual number of months the lack of fresh water and clean in 1 year (b);

Costs of buying and transporting 1 cubic meters of fresh water and clean in and work of public servants and paid people in the armed forces by the provincial people's Committee rules (c);

The price of fresh water and clean to calculate costs of fresh water and clean in salary is trading price per cubic meter of clean water because the local authority regulations (d).

b) calculation: the level of subsidy to enjoy 1 month is: a × (c-d).

The level of subsidy to enjoy in 1 year is: a × (c-d) x b.

c) provincial peoples Committee based on the specific conditions of the communes in the region there are social-economic conditions particularly difficult administered to the same level people's Council regulations the lack of fresh water and clean, the duration and the level of allowance money to buy and transport abroad and clean accordingly. Private paid people in the people's army and public security of the people to follow the regulations of the Ministry of defence and the Ministry of public security.

Article 7. Guide on grants, learning, fostering professional service specified in article 10 of Decree 116/2010/ND-CP 1. Officers, servants, employees and paid people in the armed forces in the region have socio-economic conditions particularly difficult is the Agency, organization, the competent units dispatched to study professional courses, foreign language, business, sightseeing, learning exchange of experiences in the country then supported : a) Money to buy learning materials (not including references) according to Bill or collect legitimate votes;

b) 100% of the tuition under the Bill or collect votes of training establishments;

c) cost of travel from the Agency, organization, unit where the work to study place (a weekly goes on and on; vacation, new year).

The above expenses do not exceed the costs specified in circular No. 139/2009/TT-BTC on 21/9/2010 of the Ministry of Finance regulates the establishment, management and use of funds from the State budget for the training, fostering, public servants.


2. in case of complete its task of classification according to the results of the annual review of the competent authority is the Agency, organization, organizational unit, the exchange learning experiences with the Agency, organization, unit in the country each year, must not exceed 15 days and paid money to buy train tickets , car, rent allowance and accommodation stay under the current fee work mode and the costs arising from the actual organization of the trip, there is enough evidence from valid and within the approved estimates.

3. Case studies and using proficiency in local ethnic (including the ethnic studies and the use of other minority) to serve his expertise, was the competent authority certificate or confirmation shall be supported once the money purchase pension money and materials for self study refresher and the written word of minority ethnic people. Specific spending by the provincial people's Committee decided not to exceed 3 million VND/person for the self study, and writing type 01 minority, not more than 5 million VND/person for the self study writing and type 2 ethnic.

Article 8. Tutorial on time not entitled to the allowance, the allowances prescribed in Decree No. 116/2010/ND-CP 1. Officers, servants, employees and paid people in the armed forces in the region have socio-economic conditions particularly difficult was not entitled to the allowance, the allowances prescribed in Decree No. 116/2010/ND-CP of the time such as the following: a) time travel study, work, not in the social-economic conditions particularly hard from 7 months or more;

b) time off work does not affect ongoing salary from 1 July;

c) time off work to enjoy social insurance subsidies under the provisions of the law on social insurance;

d) time is temporarily suspended the work or custody, detention.

2. in case of retirement, retrenchment or move the work out of the social-economic conditions particularly difficult then enjoy the regime, support the provisions in Decree No. 116/2010/ND-CP DATED from the date of retirement, retrenchment or move the work out of the social-economic conditions extremely difficult.

Article 9. Guide to the work of estimating, estimation and settlement Executive 1. The work of estimating, estimation and Executive expense allowance regimes, subsidies as stipulated in Decree No. 116/2010/ND-CP made according to the current rules of the State budget Law, accounting Law and the text of the current guidelines.

2. allowances allowances stipulated in Decree No. 116/2010/ND-CP was under accounting, account types, respectively, and the items, sub categories as follows: a) the allowance is accounted to 6,100, 6,103 subsection;

b) long work allowance is accounted to 6,100, subsection 6,121;

c) subsidies, support:-first aid, subsidies, subsidy money to purchase and transport of soft and clean, the subsidy once when transferred out of the Department have the socio-economic conditions particularly difficult or retired accounting to 6,250, subsection 6,299;

-Support fees are accounted to 6,150, 6,155 subsection;

-Support of rent in the accounting was 6,700, subsection 6,703;

-Support funds are accounted on the 6,700, subsection 6,701;

-Support of money to buy learning materials are 7,000 entries into accounting, subsection 7,003;

-Support money to buy materials, and subsidy money, self study refresher peoples was 6,150 item accounting, subsection 6,155.

3. allowances allowances stipulated in Decree No. 116/2010/ND-CP is not used to calculate close, compulsory social insurance, unemployment insurance and medical insurance;

Article 10. Guide to the General funding needs 1. The demand increased funding to implement the policy stipulated in Decree No. 116/2010/ND-CP is combined into the implementation needs to reform wage and treat the source of the genus prescribed wage reform.

2. for the province, central cities: a) the agencies, direct management unit to pay salaries to public servants responsible for appraising and estimating cost for objects under Schedule 1, 2, 3 attached to this circular and send the superior governing body directly under the current budget decentralization (hereinafter referred to as the superior governing body directly).

b) superior administration directly assess and synthesize increased funding needs of agencies, organizations, units of the management scope under Schedule 3 attached to this circular (hereinafter referred to as Schedule 3) sent the Department of finance.

c) Department of finance is responsible for the evaluation and general funding needs to increase further according to the Expression of the people's Committee of the 3rd, the city decided centrally.

d) people's Committee of the central cities, General, reporting under Schedule 3 of the Finance Ministry to consider and resolve.

3. for the ministries, ministerial agencies, government bodies, bodies of the party and socio-political organizations at Central: a), agency management units directly pay for public servants comply with the provisions of art. 2 of this Thing.

b) superior administration directly assess and synthesize increased funding needs under Schedule 3 of the superior management agency sent to ministries, ministerial agencies, government bodies, bodies of the party and the social-political organization in Central.

c), ministerial-level agencies, government bodies, bodies of the party and socio-political organizations at Central is responsible for the evaluation, General, reporting under Schedule 3 of the Finance Ministry to consider and resolve.

Article 11. Terms of implementation 1. This circular is valid from October 15, 2011.

2. The provisions of this circular are entitled to count since January 1st, 2011.

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