Mr. Ngo Van Manh worked at the Department of Inspectorate from April 1991 to June 30, 2011, rank of inspector (code 04.025); received an 18% seniority allowance from January 1, 2011.

From July 1, 2011 to January 10, 2016, Mr. Manh moved to the Department of Finance Management – Administrative Public Sector and was classified as the rank of expert (code 01.033) according to Decision No. 2253/QD-UBND dated December 7, 2012 of the Provincial People's Committee, dismissed the rank of inspector.

From January 11, 2016 until now, he has been working at the Department of Inspectorate under Decision No. 648/QD-UBND dated March 28, 2018 of the Provincial People's Committee on appointing inspector rank (code 04.025), enjoying the seniority allowance from September 1, 2017.

Mr. Manh has asked the agency to enjoy the seniority allowance for the inspection profession, but so far the agency has not allowed it. Mr. Manh asked if his agency has complied with the law?

Lawyer Tran Van Toan, Khanh Hung Law Office, Hanoi Lawyer Association, answered Mr. Manh's question as follows:

On December 24, 2009, the Ministry of Home Affairs and the Ministry of Finance issued Joint Circular No. 04/2009/TTLT-BNV-BTC guiding the implementation of seniority allowances for cadres and public servants entitled to a salary applicable to ranks or titles in court, procuracy, audit, inspectorate, civil law enforcement, and rangers (effective February 7, 2019. Valid status).

Cadres and public servants on the payroll according to ranks or specialized titles of court, procuracy, audit, inspectorate, civil law enforcement, and rangers with working time entitled to allowances of full 5 years (60 months) under regulations specified in Clause 1, Article 3 of this Circular, they will be entitled to a seniority allowance equal to 5% of their current salary plus an allowance for leadership positions and an allowance for excessive working years (if any); from the sixth year onwards each year (full 12 months) is subjected an additional 1%.

Working time for calculation of allowances

Point a Clause 1, Article 3 of the Circular above stipulates that the working time for calculation of the seniority allowance is determined by the following total time: the working time that paid according to one of the ranks or positions of customs, court, procuracy, audit, inspectorate, civil law enforcement, rangers, Party inspection (if there is a hiatus time, the working time is enjoyed the seniority allowance but has not yet enjoyed the lump-sum social insurance allowance shall be accumulated).

Point a, Point b, Point c, Clause 2, Article 3 of this Circular stipulates the period that is not allowed for calculation of seniority allowance is as follows: The period on-job-training; the period of implementing the public servants on probation; the period of doing jobs under ranks or titles other than those specified in Article 1 of this Circular.

According to Mr. Manh's given information, it was found that Mr. Manh had the following working history:

Since April 1991, he had worked at the Department of Inspectorate. On February 9, 2011, the Chairman of the Provincial People's Committee issued Decision No. 205/QD-UBND on the seniority allowance for cadres and public servants, Mr. Manh had received an 18% seniority allowance from January 1, 2011. The information provided by Mr. Manh did not specify the time of appointment and salary ranking of Inspector at the beginning, however, through Decision No. 205/QD-UBND dated February 9, 2011, it can be understood that Mr. Manh was appointed to the rank of inspector (code 04.025) from January 1994, as of January 1, 2011, he had 18 years of experience as an inspector.

From July 1, 2011 to January 10, 2016, he was moved to the Department of Financial Management – Administrative Public Sector, classified as an expert (code 01.033). On December 7th, 2012, the Chairman of the Provincial People's Committee issued Decision No. 2253/QD-UBND on dismissing Mr. Manh from the rank of inspector.

From January 11, 2016 until now, he has returned to work at the Department of Inspectorate. On March 28, 2018, the Chairman of the Provincial People's Committee issued Decision No. 648/QD-UBND appointing the rank of inspector (code 04.025) for Mr. Manh and getting the seniority allowance from September 1, 2017.

Thus, there is evidence to determine that The time Mr. Manh was ranked in the inspector (code 04.025) from January 1, 1994 to July 1, 2011, was 18 years and 6 months;

The time Mr. Manh was ranked in the inspector (code 04.025) from September 1, 2017 to September 1, 2019 was 2 years;

As of September 1, 2019, Mr. Manh's total working time for which the seniority allowance is based is 20 years and 6 months, and the seniority allowance is at 20%.

It is recommended that the agency of managing and employing public servants check the public servant’s records, determine the exact time Mr. Manh has worked and received the salary at the rank of inspector (code 04.025), apply the provisions at Point a, Clause 1, Article 3 of Joint Circular No. 04/2009/TTLT-BNV-BTC to calculate and pay seniority allowance to Mr. Manh.

Lawyer Tran Van Toan

Khanh Hung Law Office, Hanoi Lawyer Association