Subjects entitled to official duty allowances in Vietnam

Subjects entitled to official duty allowances in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Subjects entitled to official duty allowances in Vietnam

According to Clause 1, Article 2 of Decree 34/2012/ND-CP, cadres, public officials and persons receiving salaries or rank allowances from the state budget who are working for the Communist Party agencies, regulatory bodies and socio-political organizations in central echelon, in provinces and central-affiliated cities, in suburban districts, urban districts, district-level towns and provincial-affiliated cities, in communes, wards and district-level towns, and armed forces’ personnel are entitled to official duty allowances including:

- Cadres specified in Clause 1 Article 4 of the Law on Cadres and Public Officials;

- Public officials specified in Clause 2 Article 4 of the Law on Cadres and Public Officials and Articles 3, 4, 5, 6, 7, 8, 9, 10 and 12 of Decree 06/2010/ND-CP; except for the public officials specified in Article 11 of the Decree 06/2010/ND-CP;

- Cadres and public officials in communes, wards and district-level towns specified in Clause 3 Article 4 of the Law on Cadres and Public Officials and Article 3 of Decree 92/2009/ND-CP;

- Persons working under employment contracts for state administrative agencies specified in Decree 68/2000/ND-CP, persons working under employment contracts for the Communist Party agencies and socio-political organizations specified in the Decree 68/2000/ND-CP; except for the persons working under employment contracts for public service providers;

- Officers, non-commissioned officers, enlistees, defense workers, defense public employees and contract employees in the People's Army of Vietnam;

- Officers, salaried enlistees, enlistees, soldiers serving in a given term; public security workers and employees, and contract employees in the People’s Police of Vietnam;

- Persons working for cryptography organizations.

2. Rules for application of official duty allowances in Vietnam

Pursuant to Article 4 of Decree 34/2012/ND-CP stipulating the rules for application of official duty allowances in Vietnam:

- Official duty allowances shall be granted together with the monthly salary and not be used for determination of social insurance and health insurance premiums and payout.

- Period of time not used for determination of official duty allowances:

+ While he/she is going on a mission, working or studying abroad, and he/she shall be entitled to 40 % of his/her salary as prescribed in Clause 4 Article 8 of Decree 204/2004/ND-CP;

+ If he/she takes unpaid leave for at least 01 consecutive month;

+ While he/she is taking unpaid leave and still receiving social insurance payout in accordance with regulations of law on social insurance;

+ While he/she is being suspended from his/her employment or kept in temporary detention.

- Any person who stops working for the Communist Party agencies, regulatory bodies, socio-political organizations and armed forces will not receive official duty allowances from the next month.

- Any person entitled to job-related allowances, responsibility allowances or specific allowances as prescribed by the competent authority is also entitled to official duty allowances specified in Decree 34/2012/ND-CP.

3. Official duty allowances in Vietnam

According to Article 3 of Decree 34/2012/ND-CP, every person mentioned in Article 2 of Decree 34/2012/ND-CP is entitled to an official duty allowance that is equal to 25% of his/her current salary plus (+) the leadership allowance and extra-seniority allowance (if any) or rank allowance.

4. Funding sources for paying official duty allowances in Vietnam

According to Article 5 of Decree 34/2012/ND-CP, funding for providing official duty allowances as prescribed in Decree 34/2012/ND-CP shall be covered by the state budget and other agencies and units’ legal sources of finance.

Ho Quoc Tuan

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