Joint Circular No. 43/2009/TTLT-BQP-BTC-BKH&ĐT-BLDTB&XH guiding the implementation of certain provisions of Government Decree No. 117/2008/ND-CP dated November 14, 2008 on civil defense.

MINISTRY OF NATIONAL DEFENSE-MINISTRY OF FINANCE-MINISTRY OF PLANNING AND INVESTMENT-MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------
Number: 43/2009/TTLT-BQP-BTC-BKH&ĐT-BLĐTB&XH	Hanoi, July 31, 2009

 

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE DECREES NUMBER 117/2008/ND-CP ON CIVIL DEFENSE DATED NOVEMBER 14, 2008

Pursuant to Decree No. 178/2007/ND-CP dated December 3, 2007 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Pursuant to Decree No. 117/2008/ND-CP dated November 14, 2008 of the Government on Civil Defense;
The Ministry of National Defense - Ministry of Finance - Ministry of Planning and Investment - Ministry of Labor, War Invalids and Social Affairs hereby issue guidelines for implementation of certain provisions of Decree No. 117/2008/ND-CP dated November 14, 2008 of the Government on Civil Defense (hereinafter referred to as Decree No. 117/2008/ND-CP) as follows:

I. AUTHORITY TO MOBILIZE AND POLICIES FOR PERSONNEL PERFORMING CIVIL DEFENSE TASKS

Article 1. Authority to mobilize

1. Core civil defense forces

a. Self-defense militia

The authority to mobilize self-defense militia forces shall be carried out in accordance with the laws on Self-defense Militia.

b. Civil defense forces of the People's Army and the People's Public Security Force.

- The authority to mobilize shall be implemented in accordance with Clause 11 of the Ordinance on Emergency Situation No. 29/2000/PL-UBTVQH10.

- The organization and command of forces under the jurisdiction of levels within the People's Army performing civil defense tasks shall be carried out in accordance with Clause 17, Article 2 of Decree No. 104/2008/ND-CP dated September 16, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense and the Regulations on Military Unit Management issued by the Ministry of National Defense.

- The organization and command of forces under the jurisdiction of levels within the People's Public Security Force shall be carried out in accordance with Clause 2, Article 17 and Clause 2, Article 19 of the Law on Public Security No. 54/2005/QH11 and the Regulations on Public Security Forces issued by the Ministry of Public Security.

c. Civil defense forces under the jurisdiction of central ministries and sectors

The authority to mobilize shall be carried out in accordance with Point d, Clause 1, Article 6 of Decree No. 71/2002/ND-CP dated July 23, 2002 of the Government detailing certain provisions of the Ordinance on Emergency Situation in cases of major disasters and dangerous epidemics (referred to as Decree No. 71/2002/ND-CP).

d. Civil defense forces under the jurisdiction of People's Committees at all levels

The authority to mobilize shall be carried out in accordance with Clause 2, Article 28 of the Law on National Defense No. 39/2005/QH11.

2. Broad civil defense forces

In case it is necessary to mobilize broad civil defense forces and means to participate in handling civil defense situations, the heads of ministries, ministerial-level agencies, government agencies, economic organizations, and central-level mass organizations (referred to as central-level agencies and organizations) and the Chairpersons of People's Committees at all levels have the right to mobilize broad civil defense forces under their jurisdiction to perform civil defense tasks at agencies, organizations, localities, or to mobilize them to perform tasks elsewhere according to the authority defined in Point d, Clause 1 and Clause 2, Article 6 and Point g, Clause 1 and Clauses 2 and 3, Article 7 of Decree No. 71/2002/ND-CP.

Article 2. Conditions for persons voluntarily participating in civil defense tasks to enjoy benefits

Persons who voluntarily participate in civil defense tasks shall enjoy the same benefits as those mobilized by competent authorities if they meet the following conditions:

1. They are confirmed by the Chairman of the People's Committee at the commune level or the head of the agency or organization directly managing them regarding their identity and voluntary participation in civil defense tasks.

2. They are confirmed by the commander (or person in charge) of the civil defense force (team, squad, unit) and the superior of the commander regarding the time spent on civil defense tasks.

3. Persons voluntarily participating in civil defense tasks accept the benefits provided in accordance with the law.

Article 3. Policy for persons performing civil defense tasks

1. Calculation of working days for civil defense tasks

a. Persons not receiving salary from the state budget

According to Article 68 and Point a, Clause 1, Article 61 of the Labor Code, one working day equals eight hours; time spent on civil defense tasks beyond eight hours in a day (excluding nighttime hours from 10 PM to 6 AM the next morning) is multiplied by a factor of 1.5. Working days for civil defense tasks are calculated as follows:

 Nc =

Where:

- Nc: Working days for civil defense tasks

- TGc: One working day (eight hours).

- TGs: Total time (hours) spent on civil defense tasks.

- 1.5: Factor for time spent on civil defense tasks beyond eight hours in a day (excluding nighttime hours from 10 PM to 6 AM the next morning).

Example: Comrade A performs civil defense tasks from 8 AM to 8 PM in a day, the working days for Comrade A performing civil defense tasks are calculated as follows:

Nc = = 1.75 working days

b. Persons receiving salary from the state budget

Implemented in accordance with Section 5 of Circular No. 12/2003/TT-BLDTBXH dated May 30, 2003 of the Ministry of Labor, War Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 114/2002/ND-CP dated December 31, 2002 of the Government on salaries for workers in state-owned enterprises.

c. Persons performing civil defense tasks on holidays, Saturdays, and Sundays shall be implemented in accordance with Point b, Clause 1, Article 61 of the Labor Code.

- Persons not receiving salary from the state budget shall be granted daily labor allowance, which is double the amount of the regular daily allowance.

- Persons receiving salary from the state budget shall be paid at least 200% of the regular working day salary.

2. Persons mobilized to perform civil defense tasks and receiving salary from the state budget

During the period of being mobilized to perform civil defense tasks, the management agency is responsible for paying social insurance and health insurance premiums for the workers. Persons mobilized to perform civil defense tasks shall enjoy full social insurance and health insurance benefits in accordance with the law.

3. Persons mobilized to perform civil defense duties shall not receive salaries from the state budget while working at agencies, organizations, enterprises subject to mandatory social insurance and health insurance.

During the period of being mobilized to perform civil defense duties, if the time spent on such duties exceeds 14 days in a month (calculated based on regular working days), the mobilizing agency shall transfer funds from the managing agencies, organizations, or enterprises to cover the social insurance and health insurance contributions for that month; if the time spent on such duties is less than 14 days in a month (calculated based on regular working days), the managing agencies, organizations, or enterprises shall be responsible for paying the social insurance contributions for the workers. Persons mobilized to perform civil defense duties shall enjoy all social insurance and health insurance benefits as prescribed by law.

4. Persons mobilized to perform civil defense duties who are not subject to mandatory social insurance and health insurance.

a. During the period of being mobilized to perform civil defense duties, if they fall ill or suffer accidents, they shall be entitled to the following assistance benefits:

All medical examination, treatment, and convalescence costs (based on hospitalization fees as the basis for health insurance reimbursement) shall be covered, and they shall also receive food allowances, with the minimum allowance being 0.04 times the general minimum wage. The maximum duration for receiving medical examination, treatment, convalescence, and food allowances shall not exceed 30 days per year.

b. Level of compensation for reduced work capacity

In case of injury due to performing civil defense duties, they shall be entitled to a one-time compensation, as follows:

After stabilizing the injury caused by the accident through treatment, the mobilizing agency shall refer them for a medical assessment of their reduced work capacity; if the reduction is 5% of their work capacity, they shall receive five months' worth of the general minimum wage, and for each additional 1% reduction, they shall receive an additional half-month's worth of the general minimum wage.

c. Persons performing civil defense duties in hazardous environments shall enjoy benefits according to the guidelines set forth in Circular Joint No. 10/1999/TTLT-BLDTBXH-BYT dated March 17, 1999, issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health, guiding the implementation of material allowances in conditions involving dangerous and harmful factors.

d. In cases where persons performing civil defense duties violate discipline during the performance of their duties, the handling shall be carried out according to the provisions from Article 84 to Article 94 of the Labor Code.

5. Procedures for handling persons performing civil defense duties who fall ill, suffer accidents, or die without participating in social insurance.

a. Illness

- To be handled by the People's Committee of the commune level or the direct managing agency or organization of the person who is ill, and reported to the People's Committee of the district level or the head of the superior agency or organization of the agency or organization where the person is ill for consideration and resolution;

- A certificate of suspected illness for outpatient treatment, and a discharge certificate for inpatient treatment at county-level hospitals and equivalent facilities.

b. Accident

- To be handled by the People's Committee of the commune level or the direct managing agency or organization of the person who suffered the accident, and reported to the People's Committee of the district level or the head of the superior agency or organization of the agency or organization where the person suffered the accident for consideration and resolution.

- A certificate of injury due to accident for outpatient treatment, and a discharge certificate for inpatient treatment at county-level hospitals and equivalent facilities.

- An assessment report on the degree of reduced work capacity by the authorized Medical Assessment Board.

c. Death

- A request from the family of the person participating in civil defense duties who has died, certified by the People's Committee of the commune level, confirmed by the People's Committee of the district level, and the commander (civil defense team leader or higher) of the deceased. If the deceased belongs to an agency or organization, it shall be certified by the head of the superior agency or organization directly managing the deceased and the commander (civil defense team leader or higher) of the deceased;

- A death certificate.

6. Agencies responsible for processing and resolving benefits for those who fall ill.

a. Persons mobilized to perform civil defense duties by an authorized authority

The file of a person who falls ill while performing civil defense duties shall be processed and decided upon by the mobilizing agency according to the provisions of the law.

b. Persons voluntarily participating in civil defense duties

Persons voluntarily participating in civil defense duties who meet the conditions to enjoy benefits like those mobilized by an authorized authority, when they fall ill, their files shall be processed and considered by the People's Committee of the commune level or the direct managing agency or organization of the person who is ill, and proposed to the authorized authority for decision.

7. Agencies responsible for processing and resolving benefits for those who suffer accidents

Implemented according to Circular Joint No. 14/2005/TTLT-BLDTBXH-BYT-TLĐLĐVN dated March 8, 2005, issued by the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, and the General Confederation of Trade Unions of Vietnam, guiding the reporting, investigation, record-keeping, and periodic reporting of labor accidents.

Article 4. Persons performing civil defense duties who are injured or killed shall be considered for recognition as war invalids or martyrs.

1. Conditions for consideration and recognition as war invalids or martyrs

a. In cases of injury or death: Implemented according to the provisions of Clause 4, Article 3 and Clause 5, Article 11 of Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain articles of the Ordinance on Preferential Treatment for Those Contributing to the Revolution.

b. Criteria for consideration: When performing civil defense tasks, they exhibit courageous actions, fear no sacrifice of their lives, resolutely save people and state property; when encountering disasters, they courageously protect state assets, the lives and property of citizens, rush into dangerous areas, set exemplary models at local levels, or have heroically sacrificed themselves and been respected and emulated by the people. They must have been awarded commendations from competent authorities at or above the level of Certificate of Merit.

2. Documentation for persons injured or killed for consideration and recognition as war invalids or martyrs

The documentation and benefits for persons injured recognized as war invalids; the documentation for persons deceased recognized as martyrs and preferential treatment for relatives of martyrs shall be implemented according to the provisions of the Ordinance on Preferential Treatment for Those Contributing to the Revolution No. 26/2005/PL-UBTVQH11 dated June 29, 2005 and related guiding documents.

II. BUDGET TO ENSURE CIVIL DEFENSE WORK

Article 5. Budget to ensure training, drills, and civil defense activities

1. Expenditure for civil defense training

a. Training allowance for officials and teachers

Officials and teachers residing far from the training venue must purchase train or vehicle tickets, rent transportation to reach the training venue, and rent accommodation during the training days (if the organizing body cannot provide accommodation). Travel allowances for these expenses shall be covered by the sending agency, organization, or unit, and the expenditure levels for the above items shall be implemented according to current regulations on travel expenses issued by the Ministry of Finance.

b. Remuneration for compiling materials and textbooks

Officials and teachers compiling materials and textbooks for training courses or general civil defense training classes shall implement according to Point d, Clause 1, Section II of Circular No. 51/2008/TT-BTC dated June 16, 2008 of the Ministry of Finance guiding the management and use of training and development funds for state officials and civil servants (referred to as Circular No. 51/2008/TT-BTC).

c. Allowance for direct civil defense training instructors

- Teachers belonging to the establishment of agencies, organizations, or localities directly teaching civil defense subjects shall be provided with water expenses and additional class hours beyond the standard time limit (if applicable) according to Clause 6, Section II of Circular No. 23/2007/TT-BTC dated March 21, 2007 of the Ministry of Finance stipulating travel expenses and organizational meeting costs for state agencies and public institutions (referred to as Circular No. 23/2007/TT-BTC) and Clause 2, Section II of Joint Circular No. 50/2008/TTLT-BTC-BGD&ĐT-BNV dated August 9, 2008 of the Ministry of Finance, Ministry of Education and Training, and Ministry of Home Affairs guiding the implementation of overtime pay for teachers in public educational institutions.

- Invited teachers for training or training sessions for civil defense forces. Depending on the number, qualifications of trainees, and training content, teachers from relevant fields may be invited. The remuneration for inviting teachers and speakers (including lesson plan preparation, lecture fees, meal expenses) shall be implemented according to the current regulations of the Ministry of Finance.

d. Management and service expenses for civil defense training

Including the following expenditures:

- Organizing training classes;

- Renting classrooms, constructing, and renovating training grounds (if necessary);

- Ensuring material supplies and printing materials;

- Electricity, water, fuel, depreciation of equipment and vehicles;

- Ensuring basic medical care;

- Other related expenses.

Expenditure levels according to current regulations.

2. Expenditure for civil defense drills (organized from district, regiment levels and equivalent; provincial departments and higher)

a. Expenditure for the Steering Committee; the Scripting Team; the Drill Support Team

Implemented according to Clause 5, Clause 6, Section II of Circular No. 23/2007/TT-BTC

b. Expenditure for drafting, seminars, and finalizing documents and materials serving guidance and organization of drill exercises, implemented according to Point h, Clause 1, Section III of Circular No. 51/2008/TT-BTC and the regulations of the head of central agencies, organizations, and the Chairman of the People's Committee of provinces at that time.

c. Other expenditure items: Night work, overtime outside regular working hours, printing materials, purchasing office supplies, materials... ensuring the preparation and execution of drill exercises. Based on valid receipts and invoices according to current regulations and approved budget estimates by authorized bodies before implementation for settlement purposes.

3. Expenditure for requisitioning assets

During the implementation of civil defense tasks, if necessary, requisition various types of materials, means, and equipment to meet the requirements of assigned civil defense tasks, competent authorities can requisition assets of collectives and individuals. Payment of requisitioning expenses shall be carried out according to Articles 18, 19, and 20 of the Law on Requisition and Seizure of Property No. 15/2008/QH12 and detailed implementing regulations.

Article 6. Construction of Civil Defense Engineering Systems

1. Civil defense engineering systems

a. Civil defense works include: Early warning, alarm, and alert systems; technical infrastructure for civil defense, works to prevent enemy attacks with conventional weapons and large-scale destructive weapons; decoy and dummy works; mobility routes for forces and equipment to perform civil defense tasks; works for civilian protection, agencies, organizations, schools, medical facilities, production and service bases during peacetime and wartime; works to protect specialized material and technical facilities serving civil defense; collective chemical protection equipment; ventilation and filtration systems to protect food, water supplies from dangerous diseases; warehouses and stations for storing food, medicine, materials, and equipment to ensure the implementation of civil defense tasks; works to ensure training and exercises for civil defense.

b. The planning, management, and investment in construction of various types of civil defense works during wartime and outside the defense sector shall be carried out in accordance with Clause 1 and Clause 2 of Article 11 of Decree No. 117/2008/ND-CP and current legal documents on management and investment projects for construction works.

2. Budget Estimate for Investment in Civil Defense Works Construction

Each year, ministries, ministerial-level agencies, government agencies, and provincial people's committees under central cities shall prepare budget estimates for investment in construction of various types of civil defense works under their management and investment, and submit them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and reporting to the Government for decision in accordance with the provisions of the State Budget Law.

3. Land for Construction of Civil Defense Works

Shall be uniformly managed in accordance with the provisions of the Land Law and guiding documents.

4. Budget for Construction of Works Serving Civil Defense Tasks in the Defense Sector

Implemented in accordance with Point a, Point b, Clause 1, Article 5 and Point 1, Point o, Clause 1, Article 6 of Decree No. 10/2004/NĐ-CP dated January 7, 2004 of the Government on the Management and Use of the State Budget and Assets for Certain Activities in the Defense and Security Sectors.

Article 7. Provisions on Procurement of Equipment and Materials to Ensure Civil Defense Tasks

1. Equipment and materials to ensure civil defense tasks include items that meet urgent requirements for disaster prevention and mitigation caused by natural or human factors and civil defense tasks within the defense and security sectors.

2. Each year, based on procurement needs for equipment and materials to serve civil defense tasks within the assigned sectors, ministries, sectors, and central city provinces shall prepare budget estimates for procurement of equipment and materials to serve civil defense tasks of each ministry, sector, and locality in the annual budget estimate and submit them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and reporting to the Government for decision.

3. Types of equipment and materials serving civil defense tasks of ministries, sectors, and localities (excluding special types of equipment and materials in the defense-security sector) when procuring shall be carried out in accordance with the Bidding Law No. 61/2005/QH11.

Article 8. Inspection, interim review, final summary, and commendation for the implementation of civil defense tasks

1. Funding for inspection, interim review, and final summary of civil defense tasks

a. Content of funding

Implement according to Clause 5, Section II Circular No. 23/2007/TT-BTC.

b. Funding level

Implement according to Clause 7, Clause 8, Clause 9, Clause 10, and Clause 11, Section I and Clause 6, Section II Circular No. 23/2007/TT-BTC.

2. Funding for commendation for collectives and individuals with outstanding achievements in implementing civil defense tasks

a. Forms and criteria for commendation.

- Medal of Bravery: Implement according to Article 38 of Decree No. 121/2005/NĐ-CP dated September 30, 2005 of the Government detailing and guiding the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards (referred to as Decree No. 121/2005/NĐ-CP);

- Certificates of Merit from the Government, Ministries, central agencies, and People's Committees of provinces and centrally-administered cities: Implement according to Article 71 and Article 72 of the Law on Competition and Rewards No. 15/2003/QH11;

- Commendatory letters from agencies and units: Implement according to Article 74, Article 75, and Article 76 of the Law on Competition and Rewards No. 15/2003/QH11.

b. Sources and levels of funds for commendation: Implement according to Article 66, Article 67, Article 70, Article 73, Article 74, and Article 75 of Decree No. 121/2005/NĐ-CP.

III. IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect forty-five days from the date of issuance.

Article 10. Implementation Organization

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-administered cities, and related agencies shall be responsible for implementing this Circular.

During the process of organizing and implementing, if there are difficulties, please report to the Ministry of National Defense for coordination with the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Labor, Invalids and Social Affairs to consider and resolve them.

 

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT DEPUTY MINISTER Nguyen Cong Nghiep	DEPUTY MINISTER OF NATIONAL DEFENSE DEPUTY MINISTER MAJOR GENERAL Nguyen Van Duoc
DEPUTY MINISTER OF PLANNING AND INVESTMENT DEPUTY MINISTER Truong Van Doan	DEPUTY MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS DEPUTY MINISTER Phạm Minh Huân
Place of Receipt: - The Politburo; - Prime Minister, Deputy Prime Ministers; - National Assembly Office, President's Office; - Central Party Committee Office and Party's committees; - Supreme People's Procuracy, Supreme People's Court; - Government Office, Ministries, agencies at ministerial level, agencies under the Government; - National Anti-Corruption Commission Office; - Economic Groups, State-owned Joint Stock Companies; - People's Committees of provinces and centrally governed cities; - State Audit Office; - Central agencies of mass organizations; - Agencies and units under the Ministry of National Defense; - Provincial Military Commanders, Capital Military District Command; - Legal Drafting Inspection Department - Ministry of Justice; - Official Gazette; Government website, websites of the Ministries of National Defense, Finance, Labor, Invalids and Social Affairs, Planning and Investment; - File: Offices of the Ministries of National Defense, Finance, Labor, Invalids and Social Affairs, Planning and Investment and relevant agencies.