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MINISTRY OF HOME AFFAIRS OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 07/2005/TT-BNV

Hanoi, January 05, 2005

 

CIRCULAR

OF MINISTRY OF HOME AFFAIRS NO. 07/2005/TT-BNV DATED JANUARY 05, 2005 ON GUIDELINES FOR IMPLEMENTATION OF HAZARD PAY POLICIES APPLICABLE TO OFFICIALS AND PUBLIC EMPLOYEES

In furtherance of the Government's Decree No. 204/2004/ND-CP dated December 14, 2004 on salary policies applicable to officials, public employees and armed forces; after a discussion with the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and relevant Ministries and central governments, the Ministry of Home Affairs provides guidelines for implementation of hazard pay policies applicable to officials and public employees. To be specific:

I. SCOPE AND REGULATED ENTITIES

Each official or public employee directly working at a place where the toxic and hazardous level exceeds the permissible limit shall be entitled to hazard pay, not included in the coefficient of his/her salary. In this case, officials and public employees entitled to hazard pay include:

1. Officials, public employees (including reserve public employees), and persons undergoing internship or probationary on the payrolls of state agencies and State’s public service providers.

2. Officials and public employees on the State’s permanent payroll whose salaries are provided for in the State’s salary schedule for persons assigned to work for international associations, non-governmental organizations, projects, offices and organizations in Vietnam.

II. LEVELS AND METHODS OF CALCULATING AND PROVIDING HAZARD PAY

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The hazard pay includes 04 levels: 0,1; 0,2; 0,3 and 0,4 compared to the common minimum salary. In case the common minimum salary is 290. 000 VND/month, hazard pay levels applied from October 01, 2004 are regulated as follows:

Level

Coefficient

Hazard pay applied from October 01, 2004

1

0,1

29.000 VND

2

0,2

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3

0,3

87.000 VND

4

0,4

116.000 VND

2. Regulations on application of hazard pay levels:

a) Level 1, coefficient = 0,1: applicable to officials and public employees directly working at places exposed to one of the following toxic and hazardous elements:

a1) Coming into direct contact with poisonous substances, toxic gases, toxic dusts, working in environment that may easily inflict infection and infectious diseases

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a3) Carrying out works that emit loud noise or at places that create constant high-frequency vibration exceeding rigorous standards of occupational safety and hygiene;

a4) Working in an environment which produces radioactivity, radiation or electromagnetic field exceeding the required standards.

b) Level 2, coefficient = 0,2: applicable to officials and public employees directly working at places exposed to two of the following  toxic and hazardous elements specified in the above Point 2a Section II

c) Level 3, coefficient = 0,3: applicable to officials and public employees directly working at places exposed to three of the following  toxic and hazardous elements specified in the above Point 2a Section II

d) Level 4, coefficient = 0,4: applicable to officials and public employees directly working at places exposed to four of the following  toxic and hazardous elements specified in the above Point 2a Section II

3. Methods of calculating hazard pay and funding sources for provision of hazard pay:

a) Methods of calculating and providing hazard pay:

The hazard pay is calculated on the basis of the actual working time in the hazardous working environment; in case the working time is less than 4 hours/day, hazard pay for half a day shall be provided; in case the working time is at least 4 hours, hazard pay for a full day shall be provided. The hazard pay is given every month on the payday and not used for calculation of social insurance premiums and benefits.

b) Funding sources for hazard pay:

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Agencies with fixed payrolls and fundings and financially autonomous public service providers shall provide hazard pays with their own assigned funding and financial sources.

III. ENTRY INTO FORCE

1. This Circular comes into force after 15 days from the date of its publication on the Official Gazette.

Guiding documents on implementation of the Government's Decree No. 25/CP dated May 23, 1993 on implementation of hazard pay policies applicable to officials and public employees working at state agencies and public service providers shall be annulled.

2. The hazard pay specified in this Circular is applied from October 01, 2004.

In case officials and public employees performing certain professions or specific jobs in state agencies and public service providers are entitled to hazard pay that is still applied as agreed by the competent authority, they may continue to be entitled to such hazard pay until there is any change in toxic and hazardous elements that serve as the basis for the hazard pay agreement; Ministries, central and local authorities shall send consolidated reports to the Ministry of Home Affairs for monitoring and management.

3. Regarding officials and public employees who directly and regularly work in the hazardous working environment according to regulations of this Circular but are not entitled to hazard pay as agreed by the competent authority, Heads of agencies and units directly employing these officials and public employees shall send written requests to Ministries, central governments (under central management), and People's Committees of provinces and central- affiliated cities (under local management). Upon request of such agencies and units, Ministries, central governments, or People's Committees of provinces and central- affiliated cities shall send written requests to the Ministry of Home Affairs (enclosed with applications) to discuss and agree with the Ministry of Finance and relevant ministries and central governments about hazard pay.

An application for hazard pay includes:

a) An official dispatch on request from the Ministry, central government or People's Committee of province or central- affiliated city.

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c. Hazard pay levels applied for, the number of applicants and funding sources (the funding provided by the state budget must be separated).

4. Officials and public employees working toxic or hazardous jobs or working directly in the hazardous working environment in state agencies and public service providers under labor contracts are entitled to hazard pay (if any) as agreed in such labor contracts.

5. Officials and public employees working in agencies and public service providers of the Communist Party, the Fatherland Front, and unions are entitled to hazard pay according to instructions of the Organization Commission of the Central Committee.

Any difficulties arising in the implementation of this Circular should be reported to the Ministry of Home Affairs for consideration and settlement.

 

Do Quang Trung

(Signed)

 

HIỆU LỰC VĂN BẢN

Circular No. 07/2005/TT-BNV dated January 05, 2005 on guidelines for implementation of hazard pay policies applicable to officials and public employees

  • Số hiệu: 07/2005/TT-BNV
  • Loại văn bản: Thông tư
  • Ngày ban hành: 05/01/2005
  • Nơi ban hành: Bộ Nội vụ
  • Người ký: Đỗ Quang Trung
  • Ngày công báo: Đang cập nhật
  • Số công báo: Đang cập nhật
  • Ngày hiệu lực: 25/01/2005
  • Tình trạng hiệu lực: Kiểm tra
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