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Circular 34/2004/ttlt-Btc-Bldtbxh-Bnv: Circulars Implementing Decree No. 123/2003/nd-Cp Dated October 21, 2003 By The Government On The Regime For Civil Servants, Officers, Ward, The

Original Language Title: Thông tư liên tịch 34/2004/TTLT-BNV-BTC-BLĐTBXH: Thông tư hướng dẫn thực hiện Nghị định số 121/2003/NĐ-CP ngày 21/10/2003 của Chính phủ về chế độ đối với cán bộ, công chức xã, phường, thị trấn

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CIRCULAR guide implementation of Decree No. 119/2003/ND-CP dated October 21, 2003 by the Government on modes, internal policy, communes, wards and towns _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 123/2003/ND-CP dated 21 October 2003 of the Government about the modes, internal policies , communes, wards and towns (below referred to as Decree No. 123/2003/ND-CP); after uniting with the Party Central Committee, President of the Ministry of Interior, Ministry of finance, Ministry of labor, invalids and Social Affairs guide as follows: i. the number of dedicated officers, civil servants and social 1. For the communes, wards and towns there under 1,000 inhabitants are positioned not more than 17 officers, public servants, including the following titles: 1.1. Party Secretary, Secretary of the branch (where not already established social party);
1.2. The Deputy Party Secretary of the Standing Committee of the Communist Party or (where not already have dedicated the work to Deputy Secretary of the party); Deputy Secretary of the branch (where not already established social party); President of the people's Council (Secretary or Deputy Secretary of the Party Committee Chief);
1.3. The Vice Chairman of the people's Council;
1.4. the people's Committee Chairman;
1.5. Deputy Chairman of the people's Committee;
1.6. The Chairman of the Committee of the Fatherland Front;
1.7. The Secretary of the Communist Youth Union Ho Chi Minh;
1.8. The President of the women's Union;
1.9. the President of the farmers Association;
1.10. Chairman of the veteran;
1.11. the Commander of the military;
1.12. the police (where not already arranged regular public security forces);
1.13. The Office-statistics;
1.14. Justice-Registrar;
1.15. Financial-accounting;
1.16. the main Address-building;
1.17. socio-cultural.
2. Mountain Township, the high, remote areas, Islands have a population under 5,000 population to 1,000 words and plain Township, Ward, the town is under 10,000 inhabitants, after the use of officers, public servants in the titles mentioned in point 1 above, section I added 2 dedicated officers, servants of township-level titles : Vice Chairman of people's Committee under the provisions of the Government where the layout is 2nd Vice President); The Office-statistics; Culture-society; Justice-Registrar, but total not more than 20 officials and public servants.
3. Mountain Township, the high, remote areas, Islands have a population of over 5,000 words for more 1,500 people deployed more personnel dedicated to 1st, public servants and plain Township, Ward, the town has a population of 10,000 words or more, keep more 3,000 people deployed more dedicated officers, 1st civil servants , after having used the titles mentioned in point 1 section I above, the layout is more dedicated officers, public servants in township-level titles: Vice Chairman of the people's Committee (under the provisions of the Government where the layout is 2nd Vice President); The Office-statistics; Culture-society; Main-building; Finance-accounting; Justice-Registrar, but must not exceed 25 officials and public servants.
4. The deployment of more dedicated officers, civil servants and social increase according to the number of inhabitants: in places arranged dedicated officers, public servants, the same increase in township-level titles are arranged from 2 to 3 dedicated officers, social servant. Chairman of the provincial people's Committee pursuant paragraph 1, paragraph 2 article 3 of Decree 120/2003/ND-CP and guide on this, the decision to confer the honorary officers are dedicated, social servant added, at the same time guide the assignment of specific tasks to suit the characteristics , local mission requirements.
II. mode of salary for officers who are dedicated to social 1. Guidelines for salary ranked officers are dedicated to social: 1.1. Currently serving are dedicated are ranked according to salary position dedicated to it. The case was assigned part-time dedicated many positions shall be classified according to the salary dedicated position has the highest wage; When not cum dedicated service shall assume the position of any dedicated professional offices under salary arrangements.
1.2. When only dedicated office shall be retained (saved) salaries and allowances (if any) re-elected in 6 months, then do the work, arranged according to wage it.
The case when only dedicated office that do other jobs have higher wages shall be placed immediately into higher wages.
The case before serving dedicated social has social organization is when only dedicated office if returned to the old quota time dedicated office counted seniority wage level according to whether the salaries of public servants levels.
2. switch on the basis of the wage position for dedicated staff level (including position added to increase according to the number of inhabitants).
Based on the titles of officers dedicated to social provisions in article 2 paragraph 1 of Decree 117/2003/ND-CP on transfer coefficient of implementation of salary for the position of officers dedicated to social as follows: 2.1. Party Secretary, Secretary of the branch level (where not yet established the Township Party Committee): 2.0 minimum wage coefficient;
2.2. The Deputy Secretary of the Party Committee, Deputy Secretary of the branch level (where not already established social party), Chairman of the people's Council, Chairman of the people's Committee: the coefficient 1.9 minimum wage;
2.3. The Vice Chairman of the people's Council, Vice Chairman of the Standing Committee, the Party Committee (unnamed Deputy Secretary who are dedicated to the work of the party), Chairman of the National Committee: stacking factor of 1.8 minimum wages;
2.4. The Secretary of the Communist Youth League, the women's Union President, President of the farmers Association, President of the Veterans Association, Member of the people's Committee: stacking factor of 1.7 minimum wage.
3. in case of public officials elected township levels hold the position of officers dedicated to the provisions in clause 1 article 2 of Decree 117/2003/ND-CP, arranged according to the Electoral Office has salary salary is lower than the salaries of civil servants were entitled before then are paid positions and reserve coefficient difference between salaries of public servants and a salary position. The term reserve coefficient difference made during the election office.
4. Officers who are dedicated to social if was re-elected in the same position or be elected to another Office in the number of officers dedicated to then from month 61 onwards since being elected first Minister under Decree No. 09/1998/ND-CP dated 23 January 1998 of the Government (hereinafter referred to as the Decree No. 09/1998/ND-CP) or according to Decree No. 123/2003/ND-CP , enjoy a 5% additional monthly allowance under a salary position currently undertakes the following allowance called re-elected); the level of allowance re-election more stable monthly 5% during re-election.
III. salary regime for public servants social servants township level prescribed in clause 2 article 2 of Decree 117/2003/ND-CP (including public officials deployed more increased by population) are entitled to salary regime as stipulated in Decree No. 25/CP dated 23-5-1993 of the Government such as the following : 1. principles for the salary level stacking communes: 1.1. Social worker training graduate from University match the expertise of existing titles are ranked according to salary, payroll administration, staff turnover (code 01,003) as prescribed for public servants from the professional ranks at district level upwards.
1.2. Public servants training graduation township-level intermediate level line with the expertise of existing titles are ranked according to salary, payroll administration, whether the diploma (01.004 code).
The case was the first time that the recruitment of qualified training match the expertise of existing titles are kept, then the next time the episode was placed in tier 2 of quota eligibility (during the episode entitled as a percentage of salary tier 2 of the officer ranks).
1.3. social servants graduated elementary training match the expertise of existing titles are ranked according to salary, payroll administration, clerical staff turnover (code 01.008).

1.4. The objects specified in points c, d, e, f, g paragraph 2 article 2 of Decree No. 119/2003/ND-CP is the work not yet graduated professional training according to the provisions of the titles currently, arranged by the wage coefficient 1.09 compared to minimum wage until 31 December 2006 , then if not guaranteed by decision No. 04/2004/QD-BNV on 16 January 2004 of the Minister of the Interior of the regulation specific standards for public servants, the town of Ward, Township, the township-level people's committees recommend people's Committee Chairman district level specific review each case to decide.
1.5. social worker if there is a change in the qualifications by the Agency, the competent organization decided the trainings are arranged in a wage turnover corresponding to a new level of training; time to upgrade to the next wage level is calculated from the time of new qualifications. The Agency, the competent organization to manage public officials must take responsibility for their decision in the prescribed wage rated switch.
2. switch on the Professional salary scales for civil servants earlier township-level professional staff is entitled to living expenses as specified in Decree No. 09/1998/ND-CP: based on the time the social worker was entitled to subsistence level under Decree No. 09/1998/ND-CP DATED as of November 1, 2003 (the day made the mode regulatory policies in this circular) to move into the salary scales as follows: 2.1. The case is classified as social servants wages (according to whether the expert: a) If time had enjoyed subsistence wage scales as public servants) under 3 years (36 months), then keep the current wage scales; time to time its next payroll ranks since the enjoyment of living expenses.
b) If time had enjoyed subsistence (according to wage scales servant) from full 3 years (36 months enough) over, then placed in a revision on the adjacent (if in quota also ranks) than the current revision; time to time its next payroll ranks since November 2003.
2.2. in case the social wage was ranked according to whether the diploma or clerical staff turnover: a) If time had enjoyed subsistence (according to official salary scales) under 2 years (24 months), then keep the current wage scales; time to time its next payroll ranks since the enjoyment of living expenses.
b) If time had enjoyed subsistence (according to wage scales servant) from enough for 2 years (24 months enough) over, then placed in a revision on the adjacent (if in quota also ranks) than the current revision; time to time its next payroll ranks since November 2003.
3. switch on the Professional salary scales for civil servants earlier township-level officer dedicated to social: 3.1. The case before serving dedicated social professional officers is already under Decree No. 09/1998/ND-CP or social servants according to Decree No. 123/2003/ND-CP, then after only serving dedicated withheld salaries and allowances re-election (if any) prescribed in detail 1. 2, point 1, section II above. After the warranty period save salary salary is rated as follows: a) If there is no change of trained professionals shall be based on professional salary scales were arranged before the Electoral Office and the Electoral Office time for revision in accordance with the rules of the time its ranks of salary for public servants social provisions This circular.
b) if there is a change in the qualifications by the Agency, the competent organization decided the trainings are arranged according to the principles of wage regulation in details 1.5, point 1 of section III above.
3.2. Case before serving dedicated social professional officers are not yet under Decree No. 09/1998/ND-CP or not social servants according to Decree No. 123/2003/ND-CP shall be based on the existing professionals move on starting ranks according to the level of training provided for in point 1 Section III above (not over time the episode), then calculate the time having qualified for classified salary ranks accordingly as follows: a) case of qualified trained before the election, the Minister of the time its revision (after starting ranks according to the level of training) from the date of the election office.
b) where there are trained professionals while serving time, then the election its revision (after starting ranks according to the level of training) since there are qualified.
4. salary mode in the set time for the social: social servant are out enjoying the 85% of the starting salary ranks according to the level of professional training of civil servants and turnover are employed; for public officials in the region, the region of remote areas, borders, Islands, enjoying the 100% of the starting salary ranks according to the level of professional training of whether public servants are employed. The time does not count on time to consider raising the salary level according to seniority.
5. regular revision upgrade mode for public servants social: social servants are qualified on time to keep the old rank is three years (36 months enough) for civil servants and professional ranks are arranged for 2 years (24 months enough) for public servants is folded and rolled the quota or clerical staff turnover; at the same time gaining enough 2 standard rules below during holding the old ranks, the upgrade to 1 revision (if in quota also ranks).
Complete the assigned tasks;
Being one of the forms of disciplinary reprimand, warning, demoted or wage penalty of the Court.
The case was a township-level public servants in the form of reprimand, disciplinary warnings, demoted or wage penalty by the Court, then the time to raise the wage level was extended by one year (twelve months).
IV. mode of social insurance and health insurance for professional officers and public servants social 1. Dedicated officers, public servants social made social insurance regime under the Charter on social insurance attached to Decree No. 12/CP dated 26 January 1995 and Government Decree No. 19/2003/ND-CP dated 10 January 2003 by the Government on amendments , the addition of some articles of the Statute on social insurance attached to Decree No. 12/CP dated January 26, 1995 by the Government and made health insurance regime under the Charter for health insurance attached to Government Decree No. 58/1998/ND-CP of 13 August 1998 by the Government , including the mode: ailing pension regime; maternity allowance regime; the mode of labor accident allowance; pension regime; electronic dog mode; vacation mode, restore health and medical insurance mode.
2. Level of social insurance premiums by 20% of the monthly wages include: salaries according to scales, position; allowance for re-election and the coefficient difference reserve (if any) of dedicated officers, civil servants and social level; in which the officers are dedicated, closed by township-level 5%, the employers (Social Committee) closed by 15%.
Health insurance rates by 3% of the monthly wages include: salaries according to scales, position; allowance for re-election and the coefficient difference reserve (if any) of dedicated officers, civil servants and social level; in which the officers are dedicated, closed by township-level 1%, the employers (Social Committee) closed by 2%.
Dedicated officers, public servants social has social insurance, medical insurance are issued social insurance Book and slip the treatment prescribed.

3. dedicated officers leaving township-level service account provisions 1 article 2 of Decree 117/2003/ND-CP if there is enough social insurance 10 years older and 5-year-old missing life to old enough to retire as a rule, do not receive social insurance subsidies and voluntarily closed the next monthly social insurance funds with the closed level in 15% of the monthly salary before stop position for the social insurance agency in the residence until enough time social insurance premiums and retirement age then enjoy retirement mode.
4. dedicated officers, social time social insurance premiums according to Decree No. 09/1998/ND-CP and then continue the social insurance premiums according to Decree No. 123/2003/ND-CP and guide of this circular, the working time have social insurance premiums according to Decree No. 09/1998/ND-CP plus time work has social insurance premiums According to Decree No. 123/2003/ND-CP to enjoy social insurance regime.
5. Calculation of the average salary, as a base for social insurance premiums as a basis for calculating the monthly pensions, subsidies once about social insurance as follows: 5.1. Dedicated officers, public servants social social insurance premiums according to the level of wages specified in Decree No. 123/2003/ND-CP and guide of this circular, then calculate the average salary, as a base of social insurance premiums of 5 last year, including allowances, the difference in coefficient re-election reserves (if any) for the calculation of pensions or grants once about insurance the society;
5.2. dedicated officers, social moderate social insurance period according to the cost of the titles specified in Decree No. 09/1998/ND-CP, just have social insurance period according to the level of wages specified in Decree No. 123/2003/ND-CP and guide of this circular , the average properties of the subsistence level and salary, as a base of social insurance premiums last 5 years for the calculation of pensions or grants once about social insurance.
6. dedicated officers, public officials who are entitled to social pension regime, labor lost support, 1st class and 2nd class soldiers disease, be entitled to 100% of salary under the title of Decree No. 119/2003/ND-CP DATED to December 31, 2004, from January 1, 2005 entitled to 40% of the salary according to the job title of Decree No. 119/2003/ND-CP , not social insurance, health insurance, when the holiday was not calculated for social insurance provisions of this circular.
7. professional officers, public officials who are entitled to township level mode the wounded the Warrior class, class 3 (except those who are entitled to the mode specified in point 6 section IV above), be entitled to 100% of salary under the titles are, be closed and social insurance, medical insurance.
8. Officer, Ward, the town had the time and work involved social insurance according to Decree No. 09/1998/ND-CP, now under Decree No. 123/2003/ND-CP is no longer subject to join compulsory social insurance, when the holiday is resolved as follows: 8.1. Male female age 55 enough 50 years, continuous work time from 15 years and above, have enough social insurance 15 years or more shall be entitled to a monthly subsidy regime.
The monthly allowance of 15 years by 45% of the average cost of last 5 years before the break; After 15 years, every year and have the premium shall be calculated 2% but high subsidy level for no more than 75% of the average cost of last 5 years before the break;
8.2. in case of insufficient social insurance 15 years continuously, when the holiday voucher once, each year the work was entitled to a monthly allowance calculated according to the average of last 5 years before the holiday;
8.3. The case has enough social insurance 15 years continuously back up but not yet old enough to enjoy a lifetime monthly allowance without a voucher has single pending voluntary modes of monthly, confirmation of the people's committees of communes, wards and towns shall be on holiday until enough 55 years for men , age 50 for women are entitled to a monthly allowance as defined in point 8.1 above section IV committees Ward Township, the town is responsible for setting the profile enough as people eligible for a monthly allowance, social insurance agency sent local management, tracking and resolving the monthly pension when eligible on life.
9. dedicated officers, civil servants and social level since November 1, 2003 to July 1, 2004 not yet lined up the salaries and social insurance premiums according to Decree No. 123/2003/ND-CP, when the holiday is resolved according to the mode of point 8 of section IV above.
V. the regime for the non-specialist officers responsible for the officers in the countryside and the city 1. Officers are not dedicated to the social level, officials in Hamlet, population groups are entitled to a monthly allowance regime.
2. provincial people's Committee pursuant Article 7 of Decree 120/2003/ND-CP stipulates the number and the level of the monthly allowance for the non-specialist officers responsible for speaking on, ensure the following requirements: 2.1. Have the necessary needs of the work, the layout of the new officer;
2.2. The level of allowances pursuant to the volume, nature of work and the ability of local budgets to pay for the suit.
3. The Chairman of the provincial people's Committee based on the volume, nature of work and the ability of local budgets to specify the allowance of the President of the Red Cross, Chairman of the elderly to ensure correlation with the titles of officers in other unions.
VI. Funding sources to implement the regime, the policy of funding to implement the regime, the policy for officers, public servants, social officers not dedicated to working in the communes, wards, towns and villages, the locality due to local budget guarantee under the provisions of the law on the State budget and the guidance documents the current state budget Law.
VII. enforcement of terms 1. This circular effect after 15 days from the date of public notice and replacing circular No. 102/1998/TT-LT on May 19, 1998 by the Organization-Government officials-the Ministry of finance, Ministry of labor, invalids and Social Affairs guidelines for implementing Decree No. 09/1998/ND-CP dated 23 January 1998 by the Government to modify supplements Decree No. 50/CP on 26 July 1995 the Government subsistence mode for communes, wards and towns.
2. The mode, internal policy, the communes, wards, town regulations this circular be implemented from November 1, 2003.
3. provincial people's Committee pursuant to Decree No. 123/2003/ND-CP dated 21 October 2003 of the Government about the modes, internal policy, the communes, wards and towns and this circular; based on the specific situation of the locality to guide implementation. The implementation process have entangled the proposal reflects on Minister for additional instructions.