The Ministry of Home Affairs has just sent an official dispatch to the Department of Home Affairs of Lam Dong province, guiding the handling of some difficulties and obstacles in the process of implementing the Government's decrees, including contents related to position allowances at commune-level health stations.
Circular No. 83/2005/TT-BNV dated August 10, 2005 of the Ministry of Home Affairs stipulating leadership position allowances for leadership titles in organizations does not specifically stipulate the level or framework of leadership position allowances.
Accordingly, amending the final paragraph of Clause 2, Section IV on the application of leadership position allowance levels for agencies and units with regulations on the leadership position allowance framework in the leadership position allowance table issued together with Decree No. 204/2004/ND-CP as follows:
During the time when there are no guidelines on ranking from the Ministry managing industries and fields, temporarily maintain the level of leadership position allowance according to the old coefficient currently enjoyed (if any).
After having the organization ranking decision (according to Decree No. 204/2004/ND-CP) of the competent authority (according to the guidance on organization ranking of the ministry managing the industry and field), it is entitled to retroactively receive allowances and retroactively pay social insurance for the difference between the leadership position allowance level according to the new coefficient compared to the leadership position allowance level according to the old coefficient (if any) from October 1, 2004.
In case of holding a leadership title after October 1, 2004 to before the date of ranking decision, the position allowance is retroactively received and social insurance is retroactively paid from the date of holding the leadership title.
In case the new rank of the organization is ranked higher than the old rank (hereinafter referred to as promotion), then in the period from October 1, 2004 to before the date of the promotion decision, the allowance is retroactively received and social insurance is retroactively paid between the leadership position allowance level according to the new coefficient compared to the leadership position allowance level according to the old coefficient of the old rank; from the date of the promotion decision, the leadership position allowance is enjoyed according to the new coefficient of the new rank.
For cases of holding leadership positions with retirement decisions after October 1, 2004 of competent authorities that at the time of pension calculation there is no organization ranking decision (according to Decree No. 204/2004/ND-CP to enjoy leadership position allowances according to the new coefficient), from October 1, 2004 until before the monthly retirement date, an additional coefficient of 0.10 is calculated (for cases currently enjoying leadership position allowances with old coefficients from 0.30 or below), and an additional coefficient of 0.20 is calculated (for cases currently enjoying leadership position allowances with old coefficients from 0.35 or higher) to calculate social insurance contributions and serve as a basis for pension calculation.
Cases that have retirement decisions are entitled to additional leadership position allowances according to this regulation do not raise the issue of recalculating pensions (re-establishment of pension books) after having a decision from the competent authority ranking the organization that person worked for before retirement.
Accordingly, the Ministry of Home Affairs requests Lam Dong province to base on the above regulations to implement.
