Circular 11/2004/ttlt-Btc-Bldtbxh-Bnv-Btm Dated: Guide The Implementation Regime The Area

Original Language Title: Thông tư liên tịch 11/2005/TTLT-BNV-BLĐTBXH-BTC-UBDT: Hướng dẫn thực hiện chế độ phụ cấp khu vực

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CIRCULAR guide implementation regime the area _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the implementation of Decree No. 204/2004/ND-CP dated 14 December 2004 by the Government on the salary for public servants and the armed forces; and Decree No. 205/2004/ND-CP on December 14, 2004 of the Government wage ladder system, payroll and salary allowances regime in State companies; President, the Ministry of the Interior, Ministry of labor, invalids and Social Affairs, the Ministry of finance, the ethnic Committee guidelines regime area as follows: i. the SCOPE and SUBJECTS of APPLICATION: 1. public officers (including civil servants in reserve), the officer, who is in the , try work and labor contract has been arranged according to the wage prescribed by the State payroll working in State agencies and business units of the State was competent to decide to establish.
2. dedicated officers and public servants in the communes, wards and towns.
3. Public servants in the State payroll and paid according to the table of salaries due to State regulation was sent to work at the Assembly, non-governmental organizations, projects and agencies, international organizations in Vietnam.
4. Who do the work of the muscle weakness in the cipher organization.
5. Officers, professional soldier, non-commissioned officers, soldiers, workers in the other agencies, units of the people's army and public security of the people.
6. Those who work in companies operating under the State Enterprise Law, development assistance fund and the deposit insurance of Vietnam (hereinafter referred to as the company), including: a) are dedicated to members of the Board; Control Committee members.
b) Director General, Director, Deputy Director, Deputy Director, Chief Accountant (excluding the General Director, the Director, Deputy Director, Deputy Director, Chief Accountant working under contract).
c) workers, employees of business; Professional Officer, professional and executive employees, serving to work under labor contracts regimen prescribed in Decree No. 44/2003/ND-CP dated 9 May 2003 from the Government detailing and guiding the implementation of some articles of The labor law on labor contracts.
7. Those who retire, quit because of lost labor, labor accidents, occupational disease, monthly allowance instead of wages.
8. The wounded (including invalids category B, who enjoy the policy as invalids), a monthly allowance that soldiers are not paid, the person entitled to social insurance regime.
II. PRINCIPLES For DETERMINING And CALCULATING ALLOWANCES 1 AREA. The principle of determining area allowance: a) the factors determining regional allowance: natural factors such as climate, bad, expressing in harsh levels of temperature, humidity, altitude, air pressure, wind speed, higher or lower than normal, affect human health;
Distant, remote (remote, sparsely populated centres of culture, politics, the economy, far from land...), roads, bridges, schools, health facilities, trade services, lowly walking difficulties, affected the physical and spiritual life of man: also, when determining the level region can consider additional factors especially hard , advent, Islands, dyspepsia, Marsh.
b) area allowance is regulated primarily under the administrative boundary communes, wards and towns (town). The bodies, the unit, the company closed on State does enjoy according to the level of that Township area allowance. Some special cases close to far or the border with many communes are considered to specify a private sector provider.
c) When using the elements determine the level region or locality change (split, enter, established new ...), regional allowances are determined or adjusted back accordingly.
2. extra regional Level: a) the allowance specified area consists of 7 levels: 0.1; 0.2; 0.3; 0.4; 0.5;  0.7 and 1.0 compared to the general minimum wage; 1.0 rates only apply to the Islands particularly hard, arduous as the Spratly Islands, in the province of Khanh Hoa.
The level of allowance money to the area is calculated according to the following formula: extra money Level area = area allowance x general minimum wage for example 1. According to the general minimum wage 290,000/month, then the money the area made from October 1, 2004 are as follows: the level of coefficient of the level area allowance money made 01/10/2004 1 0.1 0.2 2 coins 58,000 29,000 Council 3 0.3 0.4 4 copper copper 116,000 87,000 5 0.5 0.7 6 copper copper 203,000 145,000 1.0 7th 290,000 contract for commissioned officers and soldiers in service the people's army and public security of the people, the money the area are calculated in comparison to the level of corporal rank allowance according to the following formula: wage allowance = allowance area the area of the general minimum wage x x 0.4 example 2. According to the general minimum wage 290,000/month, then the level of allowance money to areas of non-commissioned officers, soldiers in the people's Army obligations and public security of the people made from October 1, 2004 are as follows: the level of factor of regional wage allowance allowance area made 01/10/2004 1 0.1 0.2 2 coins 11,600 VND 0.3 34,800 copper 4 3 23,200 0.4 46,400 Council 5

0.5 0.7 6 copper copper 81,200 58,000 1.0 7th 116,000 copper b) based on the factors determining the level of the allowance areas specified in this circular and the level region enjoy allowances of the commune and the units in the country, the Ministry issued a list and some units are entitled to the allowance in Appendix to this circular.
3. Calculation of allowances the area a) allowances the area is determined, as charged by the workplace for those who are working; to be determined, calculate, pay according to the place of permanent residence registration and receive pensions, subsidies instead of salary earners retire and the monthly allowance as specified.
b) allowance is paid in the same period areas of salary, allowances, monthly subsidies.
c) where travel, go to school, treatment, nursing has the time limit from one month upwards then the allowance at the rate specified in the areas where the work, study, treatment, nursing since September to a new place; If the new place to no allowance then area allowance in the area before you go.
4) funding source to pay the a area allowance. For those who are working for the Agency, which was the State budget ensures the entire area allowance, due to the State budget to pay under the current budget divisions in the estimation of the budget is allocated annually for the Agency units.
As for the stock implementation agency staffing and funding for the Administration and the business units implement financial autonomy, the Agency area allowance, is paid from unit funds and financial resources are allocated and self-reliance;
For the State company, area allowance is calculated on the price and salary accounting on the price or the cost of doing business.

b) for those who retire, quit because of lost labor, labor accidents, occupational disease, monthly wage replacement benefits; the wounded soldiers, sick monthly allowance that is not paid, the person entitled to social insurance regimes: with regard to the subjects covered by the State budget, area allowance is paid according to the hierarchy of the current budget;
With regard to the objects of social insurance fund pay, allowance area by the Social Insurance Fund guarantees.
III. IMPLEMENTATION 1. Chairman of the provincial people's Committee, the central cities (hereafter referred to collectively as the Chairman of the provincial people's Committee), Ministers, heads of ministerial agencies, heads of government agencies (hereafter referred to as the heads central ministries), based on the list and some units are entitled to the allowance level the area prescribed in this circular direction the functional unit implementation. The case need to adjust (increase, decrease) or allowance supplement the sector must ensure the following requirements: a. on the principle of territorial management, agencies, units stationed at the local people's Committee sent text district, district, town, city in the province (hereinafter referred to as the district people's Committee) , The district people's Committee has the responsibility to suggest people review committees, to aggregate balance, then Chairman of the provincial people's Committee have written to send Interior Ministry reviewed the decision.
Private bodies, the unit, the State company which belongs to the Ministry of industry, close the far or the border with several communes, the heads central ministries suggest the Home Office review, the general balance.
b. recommended resolution profile allowance consists of the following content areas: the recommended allowance of local areas (communes, wards and towns; the border agencies, units, State-owned companies), presentation and delineate clearly the administrative boundary of the proposed allowance area, draw a map of administrative boundary town Ward, (or bodies, the unit, the border with the State company various communes, wards and towns) with water, the roads, the high or low compared to sea level;
The specific presentation of the factors relevant to the determination of the allowance, the allowance level area in the region are influenced by the neighbouring township (if available) and allowance levels suggested areas are applied;
Estimated number of subjects allowance of local areas and the need for funding to make the adjustment or supplementary allowance area for the objects concerned (which separate the number of objects affected wages, allowances, subsidies, monthly from the State budget).
2. The Commission's proposal to base the people of the province and of the ministries in the Central Government, the Ministry of the Interior to review the decision after the Unified Exchange with the Ministry of labor, invalids and Social Affairs, the Ministry of finance and the Committee.
IV. EFFECTIVE 1. This circular has the effect after 15 days from the date The report.
Abolish circular No. 03/2001/TTLT-UBDTMN-BTC-BLDTBXH on 18th January 2001 contact President's Ministry of labor, invalids and Social Affairs, the Ministry of finance and the peoples Committee (now the ethnic Committee) guidelines regime area.
2. the regime the area prescribed in this circular are entitled to count since October 1, 2004.
3. Public servants working in the authority, business units of the party, fronts and unions, made regime the area under the guidance of the Central Committee.
In the process if there are obstacles, the ministries, the local Minister to reflect on research, resolve.