Circular No. 25/2019/TT-BQP stipulates the allowance regime for subjects in the Military performing tasks to receive citizens, handle complaints and denunciations, suggestions, and reflections.

CIRCULAR

stipulates the allowance regime for subjects in the military performing tasks to receive citizens, handle complaints, reports, petitions, and reflections.

Based on the Law on Enactment of Legislative Acts dated June 22, 2015;

Pursuant to the Law on Receiving Citizens dated November 25, 2013;

Pursuant to the Law on Complaints dated November 25, 2011;

Pursuant to the Law on Reports dated June 25, 2018;

Pursuant to the Law on State Budget dated June 25, 2015;

BASED ON DECREE NO. 64/2014/ND-CP DATED JUNE 26, 2014 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CITIZEN GREETING LAW;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Finance Department of the Ministry of National Defense;

The Minister of National Defense promulgates this Circular stipulating the allowance regime for subjects in the Military performing tasks to receive citizens, handle complaints, reports, petitions, and reflections.

Article 1. Scope of Regulation

This Circular stipulates the allowance regime for subjects in the Military performing tasks to receive citizens, handle complaints, reports, petitions, and reflections at the following premises or locations:

1. The Ministry of National Defense’s citizen reception premises.

2. The premises or locations of citizen reception of Military Regions, Military Corps, Border Guard Command, Capital Command, Command 86, Coast Guard Command, Ho Chi Minh Mausoleum Protection Command, Army Corps, Arms Services, Academies, Schools, Groups, Corporations, and subordinate agencies of the Ministry of National Defense; Ho Chi Minh City Command, Provincial Military Commands, and Provincial Border Guard Commands.

3. The premises or locations of citizen reception of judicial agencies within the Military.

4. Citizen reception locations at units at Division, Brigade, Regiment levels, and equivalent County Military Commands.

Article 2. Applicability

1. Officers, professional soldiers, defense civil servants, defense workers, and defense officials belonging to agencies and units with the task of receiving citizens, assigned or delegated by competent authorities to perform tasks to receive citizens, handle complaints, reports, petitions, and reflections at the premises or locations of citizen reception specified in Article 1 of this Circular.

2. Officers, professional soldiers, defense civil servants, defense workers, and defense officials invited or summoned by competent authorities to perform tasks to receive citizens, handle complaints, reports, petitions, and reflections at the premises or locations of citizen reception specified in Article 1 of this Circular.

3. Officers, professional soldiers, defense civil servants, defense workers, and defense officials assigned or invited by competent authorities to cooperate in performing tasks to maintain order and ensure medical care at the premises or locations of citizen reception specified in Article 1 of this Circular.

4. Officers, professional soldiers, defense civil servants, defense workers, and defense officials assigned by competent authorities to handle complaints, reports, petitions, and reflections as their main responsibility.

5. Agencies, units, organizations, and individuals related thereto.

Article 3. Principles of Payment

1. The allowance regime for subjects performing tasks to receive citizens, handle complaints, reports, petitions, and reflections at the citizen reception premises specified in Clause 1, Article 1 of this Circular shall be calculated based on working days.

2. The allowance regime for subjects performing tasks to receive citizens, handle complaints, reports, petitions, and reflections at the premises or locations of citizen reception specified in Clauses 2, 3, and 4, Article 1 of this Circular shall be calculated based on actual working days; time spent on duty exceeding four hours in a day entitles them to 100% of the allowance, while less than four hours entitles them to 50% of the allowance.

3. Subjects specified in Clause 1 and Clause 4, Article 2 of this Circular who belong to the payroll of any agency or unit shall have that agency or unit responsible for paying the allowance.

4. Subjects specified in Clause 2 and Clause 3, Article 2 of this Circular shall have the inviting or summoning agency responsible for paying the allowance.

5. Allowance payments shall be made concurrently with monthly salaries and shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

Article 4. Level of Allowance

1. The level of 100,000 VND/day/person shall be applied to the subjects specified in Clause 1 and 2 of Article 2 of this Circular during the time performing tasks of receiving citizens, handling complaints, reports, proposals, and reflections at the office or citizen reception location.

2. The level of 80,000 VND/day/person shall be applied to the subjects specified in Clause 1 and 2 of Article 2 of this Circular during the time performing tasks of receiving citizens, handling complaints, reports, proposals, and reflections at the office or citizen reception location who are currently enjoying the allowance regime prescribed in Decision No. 72/2007/QD-TTg dated May 23, 2007 of the Prime Minister on the special allowance regime for certain judicial positions and inspection officers in the Military; Decision No. 42/2016/QD-TTg dated October 10, 2016 of the Prime Minister amending Clause 1 of Article 1 of Decision No. 72/2007/QD-TTg dated May 23, 2007 of the Prime Minister on the special allowance regime for certain judicial positions and inspection officers in the Military; Circular No. 137/2008/TT-BQP dated November 11, 2008 of the Minister of National Defense guiding the implementation of the responsibility allowance regime for full-time Party inspection officers in the Military; Circular No. 54/2009/TT-BQP dated August 4, 2009 of the Minister of National Defense stipulating the responsibility allowance regime for auditors and full-time legal officers in the Military.

3. The level of 50,000 VND/day/person shall be applied to the subjects specified in Clause 3 and 4 of Article 2 of this Circular during the time performing tasks.

Article 5. Budget Estimation, Execution, and Settlement

1. The funds ensuring the allowance regime for the subjects under the budgetary units shall be included in the annual defense budget estimate of the units and recorded in Item 6100, Sub-item 6149, Section 40, Department 00 "Citizen Reception Allowance, Handling Letters and Complaints."

2. Enterprises, public service organizations, and business and service establishments within the Military may apply the allowance regime prescribed in this Circular based on specific conditions and record it in the operational, production, and business costs of enterprises and public service organizations (it shall not be settled into the Defense Budget).

3. Units assigned the task of receiving citizens, handling complaints, reports, proposals, and reflections shall be responsible for monitoring and recording in detail the content and number of days of citizen reception, complaint, report, proposal, and reflection handling at the office or citizen reception location; each month, they shall prepare a detailed list of the actual number of days that the subjects perform citizen reception and complaint, report, proposal, and reflection handling tasks according to the Appendix issued with this Circular, submit it to the head of the unit for approval as the basis for payment.

Article 6. Effectiveness

1. This Circular takes effect from May 10, 2019, and replaces Circular No. 41/2012/TT-BQP dated May 14, 2012 of the Minister of National Defense on the allowance regime for subjects in the Military directly engaged in citizen reception, letter handling, complaints, reports, proposals, and reflections.

2. In cases where the referenced documents in this Circular are replaced or amended by new documents, the new documents shall be implemented.

Article 7. Responsibility for Implementation

1. The Director of the Ministry of National Defense's Financial Affairs Department, heads of agencies, units, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, please promptly report them to the Ministry of National Defense (through the Financial Affairs Department) for research and resolution./.