06 new notable points about the salary increase regime for officials, civil servants, public employees, and employees from August 15, 2021

1. Amendments to the subjects applying the regulations on salary increases in Vietnam

Specifically, from August 15, 2021, one of the subjects applying the regulations on the salary increase regime is:

People working under the labor contract regime in administrative agencies and public service units have an agreement in the labor contract to determine salary according to Decree 204/2004/ND-CP.

Currently, Point c of Clause 1 of Article 1 of Circular 08/2013/TT-BNV stipulates: "Those who work under the labor contract regime are paid according to the salary schedule prescribed by the State in state agencies and public service units according to current provisions of law".

2. Additional cases are included in the time for considering civil servant salary increases

In addition to the cases included in the time to consider regular salary increases (according to current regulations), including:

- Time off from work is paid with a full salary according to the provisions of labor law;

- Time off to enjoy maternity benefits according to the provisions of the law on social insurance;

- The cumulative period of leave for sickness, labor accident, or occupational disease covered by social insurance is 6 months or less (during the period of holding the rank), according to the provisions of the law on social insurance;

- The time when the competent authority decides to send you to work as an expert, study, practice, work, or survey domestically or abroad (including the time spent following the wife-and-husband regime according to Government regulations) but still on the agency or unit's salary list.

(according to point b of clause 1 of Article 2 of Circular 08/2013/TT-BNV)

Clause 2 of Article 1 of Circular 03/2021/TT-BNV adds cases that are included in the time to consider regular salary increases as:

Duration of officers, civil servants, public employees, and workers participating in active military service according to the Law on Military Service.

Thus, from August 15, 2021, the time officers, civil servants, and public employees participate in active military service according to the Law on Military Service is counted as time to consider regular salary increases.

3. Additional cases are not included in the time to consider regular salary increases in Vietnam

Currently, Point c, Clause 1, Article 2 of Circular 08/2013/TT-BNV stipulates that time is not counted to consider regular salary increases, including:

- Unpaid personal leave time;

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

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

From August 15, 2021, additional cases that are not included in the time to consider regular salary increases include:

- Probation period (including cases of receiving 100% of the salary of the civil servant rank or professional title of probationary officer).

- Time spent by cadres, civil servants, public employees, and workers deserting during active military service.

- Probation period for cadres, civil servants, public employees, and workers sentenced to imprisonment but suspended sentences; in case the probationary period is less than the extended period of regular salary increase, calculated according to the extended period of regular salary increase.

- Time off work to wait for full retirement age according to current provisions of law.

4. Amendments to standards for regular salary increases for officials and civil servants

As of August 15, 2021, officials and civil servants who are eligible for a period of time holding a rank in a rank or position and, through assessment, meet the following two standards during the period of holding a salary level will be eligible for a regular salary increase:

- Standard 1: Assessed and graded quality by competent authorities at a level of task completion or higher. (Currently, Point a, Clause 2, Article 2 of Circular 08/2013 stipulates that Standard 1 is assessed by competent authorities from the level of task completion but with limited capacity upwards.).

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

5. Amendments to the extended time for considering regular salary increases in Vietnam

Specifically, Clause 5, Article 1 of Circular 03/2021/TT-BNV stipulates: During the period of maintaining the current salary level, if officials, civil servants, officials, and employees have been notified or decided in writing by the competent authority not to complete their assigned annual tasks or are disciplined in one of the forms of reprimand, warning, demotion, or dismissal, the time for calculating regular salary increases will be extended as follows:

(1) Lasts 12 months for the following cases:

- Officials are disciplined and dismissed;

- Disciplined civil servants who are demoted or dismissed;

- Officials and employees are disciplined and dismissed.

(2) Lasts 6 months for the following cases:

- Officials, civil servants, and workers are disciplined, reprimanded, or warned; (the currents regulations only stipulate officials and civil servants).

- The officer receives a disciplinary warning; (current regulations: “officers and employees”).

- Officials, civil servants, public employees, and workers whose quality is assessed and graded by competent authorities at the level of failure to complete their assigned tasks annually; if during the period of holding the rank there are 02 non-consecutive years of not completing the assigned tasks, then each year of not completing the assigned tasks will be extended by 06 months.

(3) Lasts 03 months for officials who are disciplined and reprimanded (current regulations extend 03 (three) months for officials and employees who are disciplined and reprimanded).

(4) In the case of both being evaluated and ranked for quality at the level of not completing the assigned tasks and being disciplined, the extended time for regular salary increase is the total of the extended times specified in items (1), (2), and (3) in the table.

(5) In cases where cadres, civil servants, public employees, and workers who are Party members are disciplined by the Party: if there has been an administrative disciplinary decision, the time for regular salary increases will be extended in the form of administrative discipline; if there is no administrative disciplinary decision, the period of regular salary increases will be extended according to the form of Party disciplinary action corresponding to the forms of administrative disciplinary action specified in this Clause (amended and supplemented content compared to current regulations).

(6) In cases where the quality is evaluated and ranked at the level of not completing the task due to disciplinary action (same violation), the extended time for regular salary increases is calculated according to the corresponding disciplinary form specified in items (1), (2), and (3) in this column (new regulations compared to current regulations).

6. Amendments to the salary increase regime ahead of time due to excellent achievements in performing tasks in Vietnam

Currently, Point d, Clause 1, Article 3 of Circular 08/2013 stipulates: Do not carry out two consecutive salary increases ahead of time due to excellent achievements in performing tasks in the same rank or title.

From August 15, 2021: Not implementing two consecutive salary increases ahead of schedule due to excellent achievements in performing tasks (Clause 6, Article 1 of Circular 03/2021/TT-BNV).

Thus, from August 15, 2021, there will not be two consecutive salary increases ahead of schedule due to excellent achievements in performing tasks without distinction within the same rank or title.

Bao Ngoc

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