Conditions for regular salary increase for officials and public employees in Vietnam 2023

Conditions for regular salary increase for officials and public employees in Vietnam

Pursuant to Article 2 of Circular 08/2013/TT-BNV and Article 1 of Circular 03/2021/TT-BNV, in order to receive a regular salary increase, cadres, civil servants, and public employees need to meet the conditions for holding time, titles, and standards for regular salary increases, specifically as follows:

** Conditions for holding rank and title to consider a regular salary increase

(1) Period of holding rank for consideration of a regular salary increase:

- For the title of senior expert:

If the last salary level has not been ranked in the senior expert's salary list, then after 5 years (full 60 months), keeping the salary level on the senior expert's payroll will be considered for a salary increase;

- For ranks and titles that require a college degree or higher:

If the last salary level has not been ranked in the rank or title, after 3 years (full 36 months), holding the salary level in the rank or title will be considered for a salary increase;

- For ranks and titles that require an intermediate or lower level of training and employees:

If the last salary level has not been ranked in the rank or title, after 2 years (full 24 months), holding the salary level in the rank or title will be considered for a salary increase.

(2) In case of regular salary increase consideration period:

- The time off from work is entitled to a full salary according to the provisions of the labor law;

- The period of maternity leave in accordance with the law on social insurance;

- The period of sick leave, occupational accident, and occupational disease entitled to the cumulative social insurance allowance of 6 months or less (during the period of rank keeping) in accordance with the law on social insurance;

- The time when the competent authority decides to send them to work as experts, to study, to practice, to work, or to conduct surveys at home or abroad (including the time to follow the wife and husband regime according to the Government's regulations) but still on the salary list of the agency or unit.

- The period of time that cadres, civil servants, public employees, and employees participate in active service in accordance with the Law on Military Service.

(3) Time is not counted to consider raising the salary level regularly, including:

- Time off work without pay;

- The time spent working as an expert, studying, practicing, working, or surveying at home and abroad exceeds the time limit decided by the competent authority;

- Period of work suspension, temporary detention, detention, and other types of non-working time other than those specified at Point b, Clause 1, Article 2 of Circular 08/2013/TT-BNV.

The total period of time that is not counted to consider raising the regular salary level specified at Point c, Clause 1, Article 2 of Circular 08/2013/TT-BNV (if any) is counted as a full month, if there is an odd period of less than a month, it is calculated as follows:

Less than 11 working days (excluding weekly rest days and working days off with full salary as prescribed by labor law) are not counted; 11 working days or more is counted as 01 month.

- The probationary period (including the case of receiving 100% of the salary of the civil servant rank, the professional title of the probationary public employee).

- Time of cadres, civil servants, public employees, and employees deserting in the course of performing active military service.

- Probation period for cadres, civil servants, public employees, and employees who are sentenced to prison but given suspended sentences; in case the probationary period is less than the extended period, the regular salary level increase is calculated according to the extended period, and the regular salary grade is raised.

- Time off from work until reaching retirement age according to current regulations of the law.

**Standard for regular salary increase

Cadres, civil servants, and public employees who fully satisfy the conditions for holding a rank in a rank or a title and, through assessment, fully meet the following two criteria during the period of holding a salary grade shall be entitled to a regular salary increase:

- For cadres and civil servants:

+ Standard 1: Being evaluated and graded by competent authorities at the level of task completion or higher

+ Standard 2: Do not violate discipline in one of the forms of reprimand, warning, demotion, or dismissal.

- For officials and employees:

+ Standard 1: Being assessed by a competent authority at the level of task completion or higher;

+ Standard 2: Not violating discipline in one of the forms of reprimand, warning, or dismissal.

Conditions for regular salary increase for official public employees in Vietnam 2023 (Internet image)

Extended time to consider a regular salary increase in Vietnam

During the period of holding the current salary level, if cadres, civil servants, public employees, and employees have given notice; or a written decision of the competent authority not to complete the assigned annual tasks, or are disciplined in one of the forms of reprimand, warning, demotion, or dismissal, the period of calculation of the regular salary increase will be extended compared to the time specified at Point a, Clause 1, Article 2 of Circular 08/2013/TT-BNV as follows:

- Lasts 12 months for the following cases:

+ Disciplinary officers are dismissed;

+ Disciplinary civil servants demoted or removed from office;

+ Officials and employees are disciplined and dismissed.

- Last 6 months for the following cases:

+ Cadres, civil servants, and employees are disciplined or warned;

+ Officials are disciplined and warned;

+ Cadres, civil servants, public employees, and employees are evaluated and graded by competent authorities at the level of failing to complete their assigned tasks every year;

If there are 2 consecutive years of failure to complete the assigned tasks during the period of holding the rank, each year of failure to complete the assigned tasks will be extended for 6 months.

+ 03 months for officials who are disciplined and reprimanded.

+ In case of being evaluated and graded for quality at the level of not completing assigned tasks and being disciplined, the extended period of regular salary increase is the sum of the extended periods specified at Points a, b and c Clause 1 Article 2 of Circular 08/2013/TT-BNV.

+ In case of being evaluated and rated at the level of not completing the task due to disciplinary action (same violation),
The extended period of regular salary increment shall be calculated according to the corresponding disciplinary measures specified at Points a, b, and c, Clause 3, Article 2 of Circular 08/2013/TT-BNV.

+ In case cadres, civil servants, public employees, and employees who are Party members are disciplined by the Party:

If an administrative disciplinary decision has been made, the period of regular salary increase shall be extended in the form of administrative discipline;

If there is no decision on administrative discipline, the period of regular salary increase shall be extended in the form of Party discipline corresponding to the forms of administrative discipline prescribed in this Clause.

- In case a competent authority has concluded that it is unjust or wrong after being suspended from work, detained, or disciplined (reprimand, warning, demotion, or dismissal), this time is recalculated for regular salary increase regimes as follows:

+ The time spent being suspended from work, detained, or temporarily detained for wrongdoing shall be counted back into the time for consideration of a salary increase;

+ Failing to extend the time to consider raising the salary level for forms of discipline due to injustice or wrongdoing;

+ Being entitled to arrears salary and social insurance payment (including social insurance paid by agencies and units) according to the recalculated salary levels.

Mai Thanh Loi

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