Circular No. 320/2016/TT-BTC on the allowance system for individuals performing tasks to receive citizens, handle complaints, reports, suggestions, and reflections.

CIRCULAR

Regulations on allowances for individuals performing citizen reception tasks, handling complaints, reports, proposals, and reflections

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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 Complaints dated November 11, 2011;

Pursuant to the State Budget Law 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;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Administrative and Public Financial Affairs Department,

The Minister of Finance issues this Circular stipulating the allowance regime for individuals performing citizen reception tasks, handling complaints, reports, proposals, and reflections.

Article 1. Scope of Regulation

This Circular stipulates the allowance regime for individuals performing citizen reception tasks, handling complaints, reports, proposals, and reflections at Citizen Reception Offices or citizen reception locations as prescribed in Article 20 of Decree No. 64/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Citizen Reception (hereinafter referred to as Decree No. 64/2014/NĐ-CP).

Article 2. Applicability

The subjects eligible to receive allowances when performing citizen reception tasks, handling complaints, reports, proposals, and reflections as prescribed in Article 21 of Decree No. 64/2014/NĐ-CP.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

1. Allowances shall be calculated based on working days as prescribed for civil servants performing citizen reception tasks, handling complaints, and reports at Citizen Reception Offices or citizen reception locations as stipulated in Clause 1 of Article 21 of Decree No. 64/2014/NĐ-CP.

2. Allowances shall be calculated based on actual working days for other subjects as prescribed in Clauses 2, 3, and 4 of Article 21 of Decree No. 64/2014/NĐ-CP.

In cases where these subjects participate in citizen reception and complaint, report, proposal, and reflection handling activities at Citizen Reception Offices or citizen reception locations for 50% or more of the standard working day, they shall receive the full allowance amount; if less than 50% of the standard working day, they shall receive 50% of the allowance amount prescribed in this Circular.

Article 4. Levels of expenditure

1. Subjects prescribed in Clause 1 and Clause 2 of Article 21 of Decree No. 64/2014/NĐ-CP who have not yet received job responsibility allowances, when performing citizen reception tasks, handling complaints, reports, proposals, and reflections at Citizen Reception Offices or citizen reception locations, shall be compensated 100,000 VND/day/person; if already receiving job responsibility allowances, they shall be compensated 80,000 VND/day/person.

For civil servants assigned or tasked with performing citizen reception tasks, handling complaints, reports, proposals, and reflections at the Central Citizen Reception Office by competent authorities, they shall be compensated 150,000 VND/day/person; if already receiving job responsibility allowances, they shall be compensated 120,000 VND/day/person.

2. Subjects prescribed in Clause 3 and Clause 4 of Article 21 of Decree No. 64/2014/NĐ-CP shall be compensated 50,000 VND/day/person.

Article 5. Source of funds for payment

1. The source of funds for paying allowances for individuals performing citizen reception tasks, handling complaints, reports, proposals, and reflections includes:

a) State budget according to current budget classification;

b) Revenue of public service units;

c) Other sources of funds (if any).

2. Allowances for subjects prescribed in Clause 1 and Clause 4 of Article 21 of Decree No. 64/2014/NĐ-CP who are part of the payroll of an agency shall be paid by that agency.

3. Allowances for subjects prescribed in Clause 2 and Clause 3 of Article 21 of Decree No. 64/2014/NĐ-CP invited or summoned by competent authorities to cooperate shall be jointly paid by those authorities.

Article 6. Establishing Budget Estimates, Implementing and Finalizing Expenditures

The establishment, implementation of budget estimates, and finalization of expenditures for compensating expenses related to receiving citizens, handling complaints, accusations, proposals, and reflections shall be carried out in accordance with the current provisions of the State Budget Law, Accounting Law, and guiding documents. This Circular guides certain specific contents as follows:

1. For the subjects specified in Clause 1, Article 21 of Decree No. 64/2014/ND-CP:

Heads of agencies and units specified in Article 20 of Decree No. 64/2014/ND-CP within their scope of management shall have the responsibility to specifically stipulate (in writing) the list of subjects assigned to perform tasks of receiving citizens, handling complaints, accusations, proposals, and reflections at the Citizen Reception Office or citizen reception locations as the basis for making payments.

2. For other subjects:

Agencies and units entrusted with the task of receiving citizens, handling complaints, accusations, proposals, and reflections shall have the responsibility to maintain registers, recording in detail the content and number of days spent on receiving citizens, handling complaints, accusations, proposals, and reflections at the Citizen Reception Office or citizen reception locations; the content and number of days spent on handling complaints, accusations, proposals, and reflections.

Each month, a detailed list of actual days that authorized subjects are assigned or tasked to cooperate in receiving citizens, handling complaints, accusations, proposals, and reflections at the Citizen Reception Office or citizen reception locations; full-time staff responsible for handling complaints, accusations, proposals, and reflections shall be prepared as the basis for payment.

3. The compensation amount for individuals performing tasks of receiving citizens, handling complaints, accusations, proposals, and reflections shall be paid together with monthly salaries and shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

Article 7. Implementation Organization

1. The expenditure level prescribed in Article 4 of this Circular is the maximum expenditure level serving as the basis for Ministries, central agencies to establish budget estimates for compensating individuals performing tasks of receiving citizens, handling complaints, accusations, proposals, and reflections. The Minister, Head of Central Agencies shall specify the specific expenditure level to ensure appropriate spending without exceeding the maximum expenditure level prescribed in Article 4 of this Circular within the allocated budget estimate.

2. Based on the actual situation in localities and the ability to balance the local budget, the People's Committee of provinces and centrally-administered cities shall submit to the People's Councils at the same level to decide on specific content and expenditure levels suitable but not exceeding the level prescribed in Article 4 of this Circular. In cases where higher expenditure levels are necessary due to work requirements, the People's Committee of provinces and centrally-administered cities shall submit to the People's Councils at the same level to decide on higher expenditure levels but not exceeding 20% of the expenditure level prescribed in Article 4 of this Circular.

3. In cases where Ministries, ministerial-level agencies, government-affiliated agencies, and localities have not issued documents specifying specific expenditure levels, the Heads of agencies and units entrusted with the task of receiving citizens, handling complaints, accusations, proposals, and reflections shall decide on the compensation expenditure level but not exceeding the maximum expenditure level prescribed in Article 4 of this Circular, ensuring economy and effectiveness within the allocated budget estimate.

Article 8. Effective Date

1. This Circular takes effect from February 1, 2017 and applies to the 2017 fiscal year.

2. Circular Jointly Issued No. 46/2012/TTLT-BTC-TTCP dated March 16, 2012 of the Ministry of Finance and the Government Inspectorate regarding the system of compensations for civil servants engaged in citizen reception, complaint, accusation, proposal, and reflection handling activities ceases to be effective from the date this Circular takes effect.

3. When regulations on systems and standards of expenditures referred to for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the amended, supplemented, or replacing documents.

4. During the implementation process, if difficulties or obstacles arise, agencies and units are requested to report to the Ministry of Finance for timely guidance on implementation./.