YouMe Law Firm LLC said that the subjects who do not apply the salary increase regime are stipulated in Clause 2, Article 1 of Circular 08/2013/TT-BNV as follows:
Scope and subjects
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2. Subjects not applicable:
a) Cadres subject to salary classification according to the salary table for positions whose salaries have been classified according to terms.
b) Commune-level cadres who are receiving pension or disability allowance as prescribed in Point c, Clause 1, Article 5 of Decree No. 92/2009/ND-CP and Clause 1, Article 1 of Decree No. 29/2013/ND-CP dated April 8, 2013 of the Government amending and supplementing a number of articles of Decree No. 92/2009/ND-CP.
c) Commune-level civil servants who have not graduated from professional training as prescribed in Point b, Clause 2, Article 5 of Decree No. 92/2009/ND-CP.
Thus, commune-level cadres who are receiving pension benefits are not subject to regular salary increase benefits.
