Joint Circular No. 05/2008/TTLT-BLDTBXH-BQP-BTC guides the implementation of certain benefits for military personnel, defense workers, and civil servants directly performing bomb, mine, and explosive ordnance clearance tasks pursuant to Decision No. 122/2007/QD-TTg dated July 27, 2007 of the Prime Minister.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN REGIMES FOR MILITARY PERSONNEL, WORKERS, AND STATE EMPLOYEES IN THE FIELD OF SEARCHING AND CLEARING BOMBS, MINES, AND EXPLOSIVES Pursuant to Decision No. 122/2007/QĐ-TTg dated July 27, 2007 of the Prime Minister on certain regimes for military personnel, workers, and state employees directly performing tasks of searching and clearing bombs, mines, and explosives On the basis of Decision No. 122/2007/QĐ-TTg dated July 27, 2007 of the Prime Minister regarding certain regimes for military personnel, workers, and state employees directly performing tasks of searching and clearing bombs, mines, and explosives, after exchanging opinions with relevant ministries and sectors, the Ministry of Labour - Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Finance hereby provide guidelines for implementation as follows: of the Prime Minister

The subjects to which this Circular applies are officers, non-commissioned officers, soldiers, and state employees working in specialized engineering units of the Ministry of National Defense who directly perform tasks of searching and clearing bombs, mines, and explosives at projects approved by competent authorities.

1. Scope of application:

2. Applicable regimes:

The subjects specified in Clause 1 of this Circular, during the time they directly perform tasks of searching and clearing bombs, mines, and explosives, shall enjoy the following regimes:

a) They shall be entitled to full salary according to their rank, grade, military rank, or military rank allowance, and other allowances as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regimes for cadres, civil servants, state employees, and armed forces, and Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government on the system of salary scales and allowances for state-owned enterprises; they shall also be eligible for promotion in rank, grade, military rank, and other policies and benefits as prescribed by law.

b) They shall be entitled to subsistence allowance at a rate of 60,000 VND per person per day, calculated based on actual days spent performing tasks in bomb, mine, and explosive areas.

In actual working days, if the time spent directly performing tasks in bomb, mine, and explosive areas is less than four hours, it will be counted as half a day; from four hours onwards, it will be counted as one full day.

c) If they are injured, fall ill, or die while performing tasks of searching and clearing bombs, mines, and explosives as assigned by competent authorities, and such cases fall under the provisions of Article 3, Article 11, and Article 17 of Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain articles of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution, they shall be considered and recognized as disabled veterans, war invalids, or martyrs.

3. Budgeting and payment of regimes:

a) For projects using state funds, units assigned the task of searching and clearing bombs, mines, and explosives must implement budgeting, disbursement, and settlement of the regimes stipulated in Points a and b, Clause 2 of this Circular according to current financial management regulations, specifically:

- The costs for implementing the salary regime, allowance, and other regimes stipulated in Point a, Clause 2 of this Circular for subjects receiving salaries from the state budget shall be included in the annual state budget estimate of the Ministry of National Defense and disbursed and settled according to current regulations.

- The costs for implementing the salary regime, allowance, and other regimes stipulated in Point a, Clause 2 of this Circular for subjects not receiving salaries from the state budget shall be included in the unit price for searching and clearing bombs, mines, and explosives according to current regulations.

- The costs for implementing the subsistence allowance regime stipulated in Point b, Clause 2 of this Circular shall be included in the project cost according to the labor unit price per hectare for the area designated for searching and clearing bombs, mines, and explosives as approved. The total subsistence allowance expenditure shall not exceed the approved project budget.

b) For projects using other sources of funding, the costs for implementing the regimes stipulated in Points a and b, Clause 2 of this Circular shall be included in the unit price for searching and clearing bombs, mines, and explosives according to current regulations.

c) Units assigned the task of searching and clearing bombs, mines, and explosives shall be responsible for paying subsistence allowances to those directly performing tasks of searching and clearing bombs, mines, and explosives based on actual days worked or together with monthly salaries.

4. Implementation organization:

a) This Circular shall take effect 15 days after its publication in the Official Gazette.

b) The regimes stipulated in this Circular shall apply from the date Decision No. 122/2007/QĐ-TTg dated July 27, 2007 of the Prime Minister on certain regimes for military personnel, workers, and state employees directly performing tasks of searching and clearing bombs, mines, and explosives comes into effect.

c) The Ministry of National Defense shall instruct subordinate units assigned the task of searching and clearing bombs, mines, and explosives to organize the implementation of the provisions of this Circular.

During the implementation process, if there are any difficulties, please report them to the Ministry of Labour - Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Finance for consideration and resolution.

KT.MINISTER