02 cases of cadres, civil servants and public employees eligible for advance salary increases in Vietnam

02 cases of cadres, civil servants and public employees eligible for advance salary increases in Vietnam (Internet image) 

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

According to current legal regulations, there are 02 cases of cadres, civil servants, and public employees receiving advance salary increases, including:

1. Advance salary increase for cadres, civil servants, and public employees who make excellent achievements in performing their duties in Vietnam

According to Clause 1, Article 3 of Circular 08/2013/TT-BNV (amended by Circular 03/2021/TT-BNV), the salary upgrade regime ahead of time due to excellent achievements in performing tasks is as follows:

1.1 Conditions and benefits

Subjects specified in Clause 1, Article 1 of Circular 08/2013/TT-BNV must meet 02 standards specified in Clause 2, Article 2 of Circular 08/2013/TT-BNV and establish excellent achievements in performing tasks that have been recognized in writing by a competent authority. If the final salary grade in the rank has not yet been achieved or in the position as of December 31 of the year, considering salary increases before the deadline of 12 months or less in order to receive a regular salary increase, the salary level will be considered for a maximum increase of 12 months in advance compared to the time specified in Point a, Clause 1, Article 2 of Circular 08/2013/TT-BNV.

1.2 Rate of salary increase ahead of schedule

Percentage of officials, civil servants, public employees, and employees (except those who have announced retirement) whose salary level has been increased ahead of time due to excellent achievements in performing tasks in a year, not more than 10% of the total number of officials, civil servants, public employees, and workers on the salary list of the agency or unit.

The salary list of agencies and units is determined according to the decision of the competent authority assigning payroll (for officials and civil servants) or approving the number of people working (for officials and employees) as of December 31 of the year, considering advance salary increases.

1.3 How to calculate the number of people at the rate of salary increase ahead of schedule

- For every 10 people on the payroll list (not counting the balance for less than 10 people after dividing the total number of people on the agency or unit's payroll list by 10), the agency or unit was determined to have 01 person whose salary was raised ahead of schedule due to excellent achievements.

- Based on the above calculation method, in the fourth quarter of every year, agencies and units (including agencies and units with less than 10 people on the payroll) must submit a written report to the immediate superior management agency to monitor and check the number of people in the rate of salary increase ahead of schedule due to excellent achievements in the following year and the balance is less than 10 people in your agency or unit.

- The direct superior management agency, based on the total number of people on the salary list, is less than 10 people (including agencies and units with less than 10 people on the salary list) according to reports of affiliated agencies and units and the number of people on the salary list increased during the year by competent authorities in affiliated agencies and units to assign an additional number of people to have their salary raised ahead of schedule due to excellent achievements, in addition to the number of people not exceeding 10% of the agency or affiliated unit (with priority given to units with less than 10 people on the payroll list and agencies and units that have successfully completed their work tasks), but must ensure that the total number of people whose salary is upgraded ahead of time due to excellent achievements in affiliated agencies and units does not exceed 10% of the total number of people in the salary list as of December 31 of the year considering raising salary levels ahead of time for agencies and units under their management.

- By the end of the first quarter of the following year, adjacent to the year of consideration for salary increase ahead of schedule, if the agency or unit does not implement all the number of people in the salary increase rate before the deadline of the year considering salary increase before the deadline (including the number of people assigned by the superior management agency, if any), they will not be included in the rate of salary increase ahead of time due to excellent achievements in the following years.

1.4 Failure to make two consecutive advance salary increases due to excellent achievements in performing tasks

1.5 Determine achievements to consider raising salary levels ahead of time due to excellent achievements

- Achievements for considering salary increases ahead of time are determined by the time of issuance of the decision to recognize achievements within the most recent 6 years for ranks and positions that require training from college or higher and the most recent 4 years for ranks and positions that require intermediate or lower training levels as of December 31 of the year of considering salary increases ahead of time.

Particularly for cases where the salary level has been raised ahead of schedule, all achievements achieved before the date of the decision to raise the salary level ahead of schedule that are required within the time period (6 years and 4 years) specified in this section will not be counted to consider raising the salary level before the deadline for the next time.

- The consideration of increasing salary levels ahead of schedule is based on the highest achievements achieved by officials, civil servants, public employees, and employees; If the highest achievements are equal, consider other achievements; In cases where there are many people with the same achievements, priority will be given according to the agency or unit's regulations on increasing salary levels ahead of time.

1.6 Criteria for considering advance salary increases

Standards and levels for establishing excellent achievements in performing tasks and time for salary increases ahead of time corresponding to each different level of achievement of officials, civil servants, public employees, and employees discussed by the heads of agencies and units managing cadres, civil servants, public employees, and workers with the Party Committee and the Trade Union Executive Committee at the same level, specifically stipulated in the Regulations on raising salary levels ahead of schedule of agencies and units.

Based on this regulation, cadres, civil servants, public employees, and employees are eligible to be considered for salary increases before the annual deadline voted by the collective, but each year must not exceed 10% of the total number of officials, civil servants, public employees, and workers on the payroll list of the agency or unit.

2. Advance salary increase for officials, civil servants, public employees, and employees who have announced retirement in Vietnam

Clause 2 of Article 3 of Circular 08/2013/TT-BNV regulate the salary increase regime ahead of time for officials, civil servants, public employees, and employees who have announced retirement:

For officials, civil servants, public employees, and workers who have announced their retirement, if, during the period of holding the rank, you meet all 02 standards specified in Clause 2 of Article 2 of Circular 08/2013/TT-BNV and have not yet been ranked at the last salary level in the rank or in the position, and from the date of retirement notice until 12 months or less before the retirement date to receive a regular salary increase according to regulations, the salary increase will be increased by one salary level 12 months in advance compared to the time specified in Point a of Clause 1 of Article 2 of Circular 08/2013/TT-BNV.

Note: In the case of officials, civil servants, public employees, and employees who are both subject to consideration for advance salary increases due to excellent achievements in performing tasks and also subject to consideration for salary increases, before the deadline for retirement announcement, officials, civil servants, public employees, and employees can choose one of two salary increase regimes before the deadline specified in Section 1 and Section 2 above.

Nguyen Nhu Mai

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