Circular No. 12/2008/TT-BLDTBXH guiding additional implementation of midday meal regulations for workers, staff, and officials constructing hydropower projects

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE MID-SHIFT MEAL REGIME FOR WORKERS, EMPLOYEES, AND OFFICERS BUILDING HYDROPOWER PROJECTS

Decree No. 205/2004/NĐ-CP dated December 14, 2004, of the Government stipulating the wage scale, salary table, and additional wage regime for state-owned companies, the Ministry of Labor, Invalids, and Social Affairs guides the supplementary implementation of the mid-shift meal regime as prescribed in Circular No. 28/2005/TT-BLDTBXH dated October 4, 2005, Circular No. 08/2006/TT-BLDTBXH dated July 27, 2006, and Circular No. 12/2007/TT-BLDTBXH dated August 2, 2007 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of wages and additional wage regimes for workers, employees, and officers building hydroelectric projects as follows:I. APPLICABLE OBJECTS, MID-SHIFT MEAL AMOUNTS, AND MID-SHIFT MEAL COSTS:

1. The applicable objects and mid-shift meal amounts shall be implemented according to the provisions of Circulars No. 28/2005/TT-BLDTBXH, No. 08/2006/TT-BLDTBXH, and No. 12/2007/TT-BLDTBXH mentioned above.

2. Mid-shift meal costs shall be budgeted separately and included in the total project budget but not within labor costs.

II. ORGANIZATION OF MID-SHIFT MEAL REGIME IMPLEMENTATION:

- Approve the mid-shift meal cost budget based on the consultant's budget according to the quantity in the technical design, based on the manpower quota of direct workers and machine operators; the ratio of management, professional, technical, and vocational workforce; the manpower quota of workers performing auxiliary tasks and other direct work, with the mid-shift meal amount being 5,000 VND/person/day (excluding VAT) as stipulated in Clause 1, Section I of this Circular. The Project Owner temporarily advances the mid-shift meal cost budget to contractors organizing mid-shift meals for workers;

1. Responsibilities of the Project Owner:

In cases where the mid-shift meal cost budget has not been approved, based on the request from the General Contractor, the Project Owner will handle temporary advances for mid-shift meal costs consistent with the workload and actual conditions at the project site to enable contractors to organize mid-shift meals for workers;

- The Project Owner will settle and finalize mid-shift meal costs based on the General Contractor's proposal, based on the contractor's consolidated mid-shift meal cost report as stipulated in Clause 2, Section II of this Circular, ensuring that it does not exceed the approved budget value.

2. Responsibilities of the General Contractor:

- Request the Project Owner to temporarily advance mid-shift meal costs to contractors based on the workload and actual conditions at the project site;

- Direct and guide the recording of working hours, consolidation of mid-shift meal costs based on actual working days, and bear legal responsibility for the accuracy and honesty of the consolidated report.

- Request the Project Owner to settle and finalize mid-shift meal costs based on the contractor's consolidated mid-shift meal cost report without exceeding the approved budget value.

3. Responsibilities of Contractors:

- Organize mid-shift meals for directly working personnel at the project site;

- Implement the recording of working hours, consolidation of mid-shift meal costs based on actual working days as the basis for the General Contractor to settle and finalize mid-shift meal costs with the Project Owner.

III. EFFECTIVE DATE OF IMPLEMENTATION:

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The mid-shift meal regime for workers, employees, and officers directly constructing the Tuyen Quang, Se San 3, Se San 3A, and Cu Dat Reservoir hydroelectric projects shall also be implemented according to the provisions of this Circular.

During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for research and resolution./.

- State economic groups; Special-class State Corporations;