Circular No. 40/2019/TT-BTC amends and supplements some Articles of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance on the management and use of funds to support training at the primary level and under three months.

CIRCULAR

Amending and supplementing some Articles of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance on management and use of funding for vocational training at the primary level and training under three months

Pursuant to Decision No. 46/2015/QĐ-TTg dated September 28, 2015 of the Prime Minister on support policies for primary vocational training and training under three months (hereinafter referred to as Decision No. 46/2015/QĐ-TTg);

Pursuant to Decision No. 12/2017/QĐ-TTg dated April 22, 2017 of the Prime Minister promulgating regulations on principles, criteria, and allocation quotas of central budget funds and local budget counterpart funds for implementing the National Target Program on New Rural Development from 2016 to 2020;

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

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Decision No. 1600/QĐ-TTg dated August 16, 2016 of the Prime Minister approving the National Target Program on New Rural Development from 2016 to 2020;

Implementing Decision No. 1100/QĐ-TTg dated June 21, 2016 of the Prime Minister approving the Plan to implement the Convention on the Rights of Persons with Disabilities of the United Nations;

Implementing Resolution No. 71/NQ-CP dated May 31, 2018 of the Government on certain policies for multi-dimensional poor households;

The Minister of Finance hereby issues this Circular amending and supplementing some Articles of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance on management and use of funding for vocational training at the primary level and training under three months (hereinafter referred to as Circular No. 152/2016/TT-BTC).

Article 1. Amending and supplementing some Articles of Circular No. 152/2016/TT-BTC

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

1. Amending Clause 1 and Point a, Clause 2, Article 5 as follows:

"1. Central budget

a) Funding for the National Target Program on New Rural Development from 2016 to 2020 allocated in the annual state budget expenditure plan of ministries, agencies, and centrally administered provinces and supplemented specifically for provinces that have not yet achieved financial self-balancing and Quang Ngai Province according to Decision No. 12/2017/QĐ-TTg dated April 22, 2017 of the Prime Minister promulgating regulations on principles, criteria, and allocation quotas of central budget funds and local budget counterpart funds for implementing the National Target Program on New Rural Development from 2016 to 2020 to implement support policies for vocational training at the primary level and training under three months for rural laborers and persons with disabilities.

b) Allocating funding in the regular expenditure budget of the Vietnam Women's Union to implement vocational training at the primary level and under three months for urban women.

c) After 2020, the sources of funding and list of provinces supported by the central government will be implemented according to the provisions of the competent authority."

2. Local budget

a) Provinces that have achieved financial self-balancing according to Decision No. 12/2017/QĐ-TTg dated April 22, 2017 (excluding Quang Ngai Province) must ensure full funding to implement support policies for vocational training at the primary level and training under three months as stipulated in Decision No. 46/2015/QĐ-TTg."

"1. For funding allocated in the regular expenditure budget: the process of preparing the budget, managing, using, and settling accounts for funding shall be carried out in accordance with the Law on State Budget and guiding documents thereof. Agencies and units assigned the task of conducting vocational training at the primary level and under three months for urban women must prepare detailed budgets and send them to the finance authorities at the same level. The budget must include detailed explanations of the number of female workers expected to be trained and the training costs for each profession in the planning year, along with reports on the results and effectiveness of vocational training linked to employment targets for the current year to serve as the basis for allocating the budget."

3. Supplementing Clause 4, Article 7 as follows:

2. Amend Clause 1 Article 6 as follows:

"4. Households classified as poor and eligible for support according to Points b and c, Clause 1 of this Article are those with low income and multi-dimensional poverty lacking at least one educational indicator. Households classified as multi-dimensional poor without a lack of educational indicators are eligible for support at the level provided for near-poor households as stipulated in Point d, Clause 1 of this Article."

4. Amending Clause 1 and Clause 2, Article 8 as follows:

"1. Support for vocational training at the primary level and under three months shall be implemented through procurement or assignment tasks in accordance with Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement, or tendering for the provision of products and services using state budget funds from regular expenditure.

2. In the case of students being persons with disabilities, the agency responsible for implementing the policy shall enter into training contracts with training institutions or production and business establishments with programs for organizing vocational training linked to employment for persons with disabilities (vocational training through apprenticeship or work-study programs) and settle accounts based on the actual number of persons with disabilities trained and the training costs specified by the competent authority."

5. Removing the phrase "cost standards" from Clause 4, Article 9.

6. Amending the title of Article 10 as follows:

"Article 10. Establishing procurement unit prices in cases where economic-technical norms are not available."

7. Amending Clause 3, Article 10 as follows:

"3. Payment for teachers and instructors participating in vocational training at the primary level and training under three months:

a) Regularly employed teachers working at state-owned training institutions: Apply the salary and allowances currently enjoyed by lecturers and teachers;

b) Instructors not covered by Point a of this Clause: the payment amount shall be proposed by the head of the agency primarily responsible for establishing procurement unit prices, with a maximum not exceeding the amount specified in Point a, Clause 2 of Circular No. 36/2018/TT-BTC dated March 30, 2018 of the Ministry of Finance guiding the preparation of budgets, management, and use of state budget funds for training and capacity building of civil servants."

This Circular takes effect from September 1, 2019.

During implementation, if there are any difficulties, please report to the Ministry of Finance for study, amendment, and supplementation in a timely manner./.

Article 2. Effective Date

This Circular takes effect from September 1, 2019.

During the implementation process, if there are any difficulties, units are requested to report to the Ministry of Finance for study, amendment, and supplementation in a timely and appropriate manner./.