Having Permanent Residence in Particularly Difficult Areas Still Entitled to Initial Allowance

Previously, Decree 116/2010/ND-CP stipulates the beneficiaries of initial allowance and relocation allowance as follows:

“Article 6. Initial allowance and relocation allowance

Subjects regulated in Article 2 of this Decree who come to work in areas with particularly difficult socio-economic conditions for 3 years or more for women and 5 years or more for men are entitled to the following allowances.”

Thus, to receive this type of allowance, in addition to moving to work in particularly difficult areas, individuals under Article 2 of Decree 116/2010/ND-CP must also meet the work duration condition. However, upcoming regulations under Decree 76/2019/ND-CP have changed the beneficiaries of this allowance type as follows:

“Article 6. Initial allowance when receiving work assignments in areas with particularly difficult socio-economic conditions

Subjects regulated in Article 2 of this Decree, when receiving work assignments for the first time in agencies, organizations, or units in areas with particularly difficult socio-economic conditions, are entitled to allowances as follows:

1. Initial allowance equivalent to 10 months of statutory pay at the time of receiving work assignments in areas with particularly difficult socio-economic conditions.

2. In cases where the family also moves to work in areas with particularly difficult socio-economic conditions, in addition to the initial allowance, they are also entitled to:

a) Travel expenses and baggage fees for family members moving together, calculated according to actual ticket prices, actual transportation costs of public transportation, or paid on a lump-sum basis based on the actual kilometers traveled multiplied by the ordinary public transport rates (train, boat, bus);

b) An additional allowance of 12 months of statutory pay for the household.

3. The allowances specified in clauses 1 and 2 of this Article are paid by the agency, organization, or unit in areas with particularly difficult socio-economic conditions where the work is received, immediately upon the subject's receipt of the work assignment, and only once during the total actual work time in areas with particularly difficult socio-economic conditions.

It is evident that Decree 76/2019/ND-CP has removed the work duration condition in particularly difficult areas to be eligible for the allowance. Furthermore, it changed the phrase from “coming to work” to “receiving work assignments.”

Illustrative image (Source: Internet)

Additionally, as stipulated in Article 2 of Decree 76/2019/ND-CP, the specific beneficiaries of the policies under this Decree are clearly stated as follows:

“Article 2. Subjects of application

Officials and public employees, workers in agencies, organizations, units of the Communist Party, the State, socio-political organizations from central to commune-level (hereinafter referred to as commune level) and those receiving salaries in the armed forces (including cases of secondment, secondment, rotation, and no distinction between local people and those coming from other places) who are classified according to the salary scale regulated by the competent authority of the Communist Party and the State, working or coming to work in areas with particularly difficult socio-economic conditions, including: …”

Article 2 of Decree 76/2019/ND-CP clearly specifies that the beneficiaries of the policies under this Decree will not distinguish between cases of secondment, secondment, rotation, or between locals and those coming from other places.

Thus, based on the above points, it can be seen that those with permanent residence registration in areas eligible for policies for particularly difficult areas are still considered eligible for the initial allowance when receiving work assignments in particularly difficult areas.

For more details, see Decree 76/2019/ND-CP, effective from December 1, 2019.

Lan Anh

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