Circular No. 41/2012/TT-BQP stipulates the allowance regime for subjects under the military directly engaged in citizen reception work, handling complaints, reports, petitions, and reflections.

CIRCULAR

Regulations on allowances for subjects within the military directly engaged in citizen reception work, handling letters and complaints, accusations, suggestions, and reflections directly performing citizen reception work, handling letters and complaints, accusations, suggestions, and reflections

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to Decree No. 104/2008/NĐ-QP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Circular No. 28/2011/TT-BQP dated March 18, 2011 of the Minister of National Defense promulgating the regulations on drafting, issuing, reviewing, and systematizing normative legal documents of the Ministry of National Defense;

Pursuant to Joint Circular No. 46/TTLT-BTC-TTCP dated March 16, 2012 of the Ministry of Finance and the Government Inspectorate stipulating the allowance regime for civil servants and public officials engaged in citizen reception work, handling letters and complaints, accusations, suggestions, and reflections;

Considering the proposal of the Director of the Financial Department of the Ministry of National Defense,

The Minister of National Defense hereby stipulates the allowance regime for subjects within the military directly engaged in citizen reception work, handling letters and complaints, accusations, suggestions, and reflections as follows:

Article 1. Scope of Regulation

This Circular stipulates the daily allowance regime for subjects within the military directly engaged in citizen reception work, handling letters and complaints, accusations, suggestions, and reflections at the following premises or locations:

1.   The citizen reception office of the Ministry of National Defense;

2.   The citizen reception offices of Military Regions, Military Services, Border Guard Command, Capital Command, State Cryptographic Office, Coast Guard Corps, Army Corps, Arms Services, Academies, Schools, Groups, Corporations, and subordinate agencies and units under the Ministry of National Defense, Provincial Military Commands, and Border Guard Commands of centrally governed cities;

3.   Citizen reception locations or citizen reception points at Division, Brigade, Regiment, District Military Command, and equivalent units.

Article 2. Applicability

1.   Specialized officers or officers, non-commissioned officers, and civilian cryptographers not being military personnel; defense civil servants and other staff in cryptographic organizations within agencies and units tasked with citizen reception work, assigned or delegated by competent authorities to perform citizen reception work, handling letters and complaints, accusations, suggestions, and reflections at citizen reception offices or citizen reception points as specified in Article 1 of this Circular.

2.   Officers, non-commissioned officers, and civilian cryptographers not being military personnel; defense civil servants and other staff in cryptographic organizations invited or summoned by competent authorities to perform citizen reception work, handling letters and complaints, accusations, suggestions, and reflections at citizen reception offices or citizen reception points as specified in Article 1 of this Circular.

3.   Subjects not falling under Clause 1 and Clause 2 of this Article, assigned or invited by competent authorities to assist in maintaining order and ensuring medical care at citizen reception offices or citizen reception points as specified in Article 1 of this Circular.

4.   Officers, non-commissioned officers, and civilian cryptographers not being military personnel; defense civil servants and other staff in cryptographic organizations assigned by competent authorities to handle letters and complaints, accusations, suggestions, and reflections as a specialized task.

Article 3. Allowance levels

1.   The level of 100,000 VND/day/person shall be applied to the subjects specified in Clause 1 and Clause 2, Article 2 of this Circular who have not yet enjoyed the special allowance for certain judicial positions and inspectors or the responsibility allowance for full-time cadres engaged in Party inspection work in the military or the responsibility allowance for Auditors and full-time Legal Affairs officers in the military (Decision No. 72/2007/QĐ-TTg dated May 23, 2007 of the Government; Circular No. 137/2008/TT-BQP dated November 11, 2008 and Circular No. 54/2009/TT-BQP dated August 4, 2009 of the Ministry of National Defense) when directly participating in citizen reception work, handling letters, complaints, reports, and reflections at the citizen reception office or citizen reception site.

2.   The level of 80,000 VND/person/day shall be applied to the subjects specified in Clause 1 and Clause 2, Article 2 of this Circular who are currently enjoying the special allowance for certain judicial positions and inspectors or the responsibility allowance for full-time cadres engaged in Party inspection work in the military or the responsibility allowance for Auditors and full-time Legal Affairs officers in the Military (Decision No. 72/2007/QĐ-TTg dated May 23, 2007 of the Government; Circular No. 137/2008/TT-BQP dated November 11, 2008 and Circular No. 54/2009/TT-BQP dated August 4, 2009 of the Ministry of National Defense) when directly participating in citizen reception work, handling letters, complaints, reports, and reflections at the citizen reception office or citizen reception site.

3.   The level of 50,000 VND/person/day shall be applied to the subject specified in Clause 3, Article 2 of this Circular when directly participating in coordinating tasks at the citizen reception office or citizen reception site.

4.   The level of 50,000 VND/person/day shall be applied to the subject specified in Clause 4, Article 2 of this Circular when assigned by the competent authority to handle letters specifically.

Article 4. Principles of payment

1.   The allowance regime prescribed in this Circular shall be calculated based on the actual days spent directly handling letters, complaints, reports, and reflections at the citizen reception office or citizen reception site.

In cases where work exceeds four hours in a day, the full allowance for that working day as stipulated in this Circular shall be granted; if work is less than four hours in a day, half of the allowance shall be granted.

2.   The allowance for the subjects specified in Clause 1 and Clause 4, Article 2 of this Circular, who belong to the payroll of a particular agency, shall be paid by that agency.

3.   The allowance for the subjects specified in Clause 2 and Clause 3, Article 2 of this Circular shall be paid by the agency that invites or summons them.

4.   The allowance amount shall be paid together with monthly salary and shall not be used to calculate contributions or benefits under social insurance or health insurance.

Article 5. Source of Funds

1.   For agencies and units under the budgetary system

The funds for paying allowances to the subjects specified in Article 3 of this Circular shall be allocated within the annual state budget assigned to the agencies and units and recorded under Item 6100, Sub-item 6149, Section 00, Category 00 - "Others" in the national budget classification system applicable in the military.

2.   For public institutions granted financial autonomy and enterprises applying the allowance regime prescribed in this Circular, they must ensure their own funding sources.

Article 6. Effectiveness

1.   This Circular shall take effect 45 days from the date of signature.

2.   The Circular No. 04/2009/TT-BQP dated January 21, 2009 of the Ministry of National Defense guiding the implementation of support regimes for cadres directly involved in citizen reception and letter handling in the military is hereby abolished.

3.   The provisions of this Circular shall be implemented from May 1, 2012.

In 2012, agencies and units shall arrange within the scope of the assigned state budget and other lawful funding sources to implement the allowance regime as prescribed in this Circular.

Article 7. Implementation Organization

1.   Agencies and units responsible for citizen reception, letter handling, complaint resolution, report handling, suggestions, and reflections shall keep track and record in detail the contents and number of days for citizen reception, letter handling, complaint resolution, report handling, suggestions, and reflections at the citizen reception office or site; the contents and number of days for handling letters, complaints, reports, suggestions, and reflections. Monthly, they shall prepare detailed lists of the actual days each individual participated (Appendix attached) and submit them for approval by the head of the agency or unit as the basis for payment.

2.   Commanders of relevant agencies and units shall be responsible for implementing this Circular.

3.   During the implementation process, if there are difficulties, agencies and units shall reflect them to the Ministry of National Defense (through the Financial Department) for consideration and resolution.