Vietnam: New regulation on extra-seniority allowance for cardes, officials, public employees and employees from August 15, 2021.

Circular No. 03/2021/TT-BNV dated June 29 2021 amending the regime of regular salary increase, salary increase before schedule and extra-seniority allowance for cardes, officials, public employees and employees. In particular, the new regulations on the seniority allowance beyond the frame are as follows:

1. Amending subjects entitled to extra-seniority allowance

Pursuant to Clause 1 Article 2 of the Circular No. 03/2021/TT-BNV, subjects entitled to extra-seniority allowance are those who work under the labor contract regime in administrative agencies and public non-business units have an agreement in the labor contract to arrange salary according to Decree No. 204/2004/ND-CP.

2. Amending the regulation on the extended period of consideration for entitlement to extra-seniority allowance

Specifically, cardes, officials, public employees and employees fail to complete their assigned tasks every year or are disciplined in one of the forms of reprimand, warning, demotion or dismissal, for each year not completing assigned tasks or disciplined, the time limit for consideration of extended extra-seniority allowance is determined as in cases of regular salary increase extension prescribed in Clause 5 Article 1 of the Circular No. 03/2021/TT-BNV as following:

“During the period of keeping the current salary level, if the cardes, officials, public employees and employees have notified or decided in written document of the competent authorities on not completing their assigned annual tasks or being disciplined in one of the forms of reprimand, warning, demotion or dismissal, the time limit for regular salary increase will be extended compared to the time specified at Point a, Clause 1 of this Article as follows:

a) 12 months for the following cases:

- Cardes are dismissed;

- Public employees are demoted or dismissed;

- Officials and employees are dismissed.

b) 6 months for the following cases:

- Cadres, public employees and employees are reprimanded or warned;

- Officials are warned;

- Cadres, officials, public employees and employees are evaluated and graded by competent authorities at the level of failing to complete annual assigned tasks; in case of  2 consecutive years of failure to complete assigned tasks during the period of holding rank, each year of failure to complete assigned tasks will be extended for 6 months.

c) 3 months for officials being reprimanded.

d) In case of both 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 this Clause.

đ) In case of being evaluated and graded for quality at the level of not completing assigned tasks due to discipline (same violation), the extended period of regular salary increase shall be calculated according to the corresponding disciplinary form as specified at Points a, b and c this Clause.

e) In case cadres, officials, public employees and employees who are Communist Party members are disciplined by the Communist Party: if there is an administrative disciplinary decision, the period of regular salary increase shall be extended in the form of disciplinary; if there is no administrative disciplinary decision, the period of regular salary increase shall be extended in the form of the Communist Party discipline in accordance with the administrative law forms specified in this Clause.”

Currently, Point 1.3 Clause 1 Section III of the Circular No. 03/2021/TT-BNV has just regulated the time limit for extra-seniority allowance which is extended for 1 year (12 months).

3. Amending the word “and employers” after “cadres, officials, public employees” in provisions of the Circular No. 03/2021/TT-BNV.

Bao Ngoc

 

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