CIRCULAR

OF MINISTRY OF HOME AFFAIRS NO.\r\n07/2005/TT-BNV DATED JANUARY 05, 2005 ON GUIDELINES FOR IMPLEMENTATION OF\r\nHAZARD PAY POLICIES APPLICABLE TO OFFICIALS AND PUBLIC EMPLOYEES

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

I.\r\nSCOPE AND REGULATED ENTITIES

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

1. Officials, public\r\nemployees (including reserve public employees), and persons undergoing\r\ninternship or probationary on the payrolls of state agencies and State’s public\r\nservice providers.

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

II.\r\nLEVELS AND METHODS OF CALCULATING AND PROVIDING HAZARD PAY

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

Level

Coefficient

Hazard\r\n pay applied from October 01, 2004

1

0,1

29.000\r\n VND

2

0,2

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3

0,3

87.000\r\n VND

4

0,4

116.000\r\n VND

2. Regulations on\r\napplication of hazard pay levels:

a) Level 1,\r\ncoefficient = 0,1: applicable to officials and public employees directly\r\nworking at places exposed to one of the following toxic and hazardous elements:\r\n

a1) Coming into direct\r\ncontact with poisonous substances, toxic gases, toxic dusts, working in\r\nenvironment that may easily inflict infection and infectious diseases

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

a4) Working in an\r\nenvironment which produces radioactivity, radiation or electromagnetic field\r\nexceeding the required standards.

b) Level 2,\r\ncoefficient = 0,2: applicable to officials and public employees directly\r\nworking at places exposed to two of the following  toxic and hazardous\r\nelements specified in the above Point 2a Section II

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

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

3. Methods of\r\ncalculating hazard pay and funding sources for provision of hazard pay:

a) Methods of\r\ncalculating and providing hazard pay:

The hazard pay is\r\ncalculated on the basis of the actual working time in the hazardous working\r\nenvironment; in case the working time is less than 4 hours/day, hazard pay for\r\nhalf a day shall be provided; in case the working time is at least 4 hours,\r\nhazard pay for a full day shall be provided. The hazard pay is given every\r\nmonth on the payday and not used for calculation of social insurance premiums\r\nand benefits.

b) Funding sources for\r\nhazard pay:

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Agencies with fixed\r\npayrolls and fundings and financially autonomous public service providers shall\r\nprovide hazard pays with their own assigned funding and financial sources.

III.\r\nENTRY INTO FORCE

1. This Circular comes\r\ninto force after 15 days from the date of its publication on the Official\r\nGazette.

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

2. The hazard pay specified\r\nin this Circular is applied from October 01, 2004.

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

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

An application for\r\nhazard pay includes:

a) An official\r\ndispatch on request from the Ministry, central government or People's Committee\r\nof province or central- affiliated city.

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c. Hazard pay levels\r\napplied for, the number of applicants and funding sources (the funding provided\r\nby the state budget must be separated).

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

5. Officials and\r\npublic employees working in agencies and public service providers of the\r\nCommunist Party, the Fatherland Front, and unions are entitled to hazard pay\r\naccording to instructions of the Organization Commission of the Central\r\nCommittee.

Any difficulties\r\narising in the implementation of this Circular should be reported to the\r\nMinistry of Home Affairs for consideration and settlement.

Do Quang Trung

(Signed)