Joint Circular No. 46/2012/TTLT-BTC-TTCP stipulates the allowance regime for officials and civil servants engaged in citizen reception work and handling complaints and denunciation letters.

JOINT CIRCULAR

Regulations on allowances for officials and civil servants engaged in citizen reception work, handling complaints, reports, proposals, and reflections

citizen, handling complaints, reports, recommendations, reflections

___________________________
 

Pursuant to the Law on Complaints and Reports dated December 2, 1998;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 65/2008/NĐ-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Implementing Decision No. 858/QĐ-TTg dated June 14, 2010 of the Prime Minister approving the Reform Program for Citizen Reception;

The Minister of Finance and the Chief Inspector General issue this Circular to regulate allowances for officials engaged in citizen reception work, handling complaints, reports, proposals, and reflections.

Article 1. Scope of Application

This Circular regulates daily allowances for officials and civil servants performing citizen reception duties, handling complaints, reports, proposals, and reflections at the following locations:

1. Central Party and State Citizen Reception Office in Hanoi and Ho Chi Minh City;

2. Citizen Reception Office or citizen reception location of: Central Party Office, Central Inspection Committee of the Party, Ministries, agencies equivalent to ministries, government agencies, Supreme People's Procuracy, Supreme People's Court, State Audit Agency, Office of the Central Steering Committee for Anti-Corruption; Civil Rights Committee of the Standing National Assembly; Vietnam Fatherland Front Central Committee and central agencies of political-social organizations;

3. Citizen Reception Office or citizen reception location at provincial, district, and commune levels;

4. Offices of departments and agencies in localities.

Article 2. Applicability

1. Officials and civil servants belonging to agencies, organizations, and units specified in Article 1 of this Circular who are assigned or delegated by competent authorities to perform citizen reception duties, handling complaints, reports, proposals, and reflections at citizen reception offices or locations;

2. Heads and deputy heads of agencies, organizations, and units authorized to receive citizens regularly or urgently; officials and civil servants invited or summoned by competent authorities to perform citizen reception duties, handling complaints, reports, proposals, and reflections at citizen reception offices or locations;

3. Officials and civil servants; officers, non-commissioned officers, and soldiers in armed forces; civilian defense, health, and traffic personnel when assigned or delegated by competent authorities to cooperate in performing citizen reception duties, maintaining security and order, and ensuring health at citizen reception offices or locations.

4. Officials and civil servants assigned by competent authorities to handle complaints, reports, proposals, and reflections professionally.

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

1. Allowances regulated in this Circular shall be calculated based on actual days worked by officials, civil servants, and other participants directly involved in citizen reception duties and handling complaints, reports, proposals, and reflections at citizen reception offices or locations; actual days worked by officials and civil servants directly handling complaints, reports, proposals, and reflections.

2. In cases where the subjects specified in Article 2 of this Circular participate in citizen reception duties and handling complaints, reports, proposals, and reflections at citizen reception offices or locations for 50% or more of the standard working day, they shall receive full allowance amounts; if less than 50%, they shall receive 50% of the allowance amount stipulated in this Circular.

Article 4. Levels of expenditure

1. Subjects specified in Clause 1 and Clause 2 of Article 2 of this Circular who have not yet received responsibility allowances according to the inspection profession, when directly participating in citizen reception work and handling complaints, reports, proposals, and reflections at citizen reception offices or locations, shall be provided with an allowance of VND 100,000 per day per person;

2. Subjects specified in Clause 1 and Clause 2 of Article 2 of this Circular who are currently receiving responsibility allowances according to the inspection profession, when directly participating in citizen reception work and handling complaints, reports, proposals, and reflections at citizen reception offices or locations, shall be provided with an allowance of VND 80,000 per day per person;

3. Participants cooperating in performing duties at citizen reception offices or locations as specified in Clause 3 of Article 2 of this Circular shall be provided with an allowance of VND 50,000 per day per person;

4. Officials and civil servants assigned by competent authorities to handle complaints professionally as specified in Clause 4 of Article 2 of this Circular shall be provided with an allowance of VND 50,000 per day per person.

Article 5. Management, use, and settlement

1. Payment method:

a) The agency or unit responsible for receiving citizens, handling letters, complaints, reports, and reflections shall be responsible for opening a logbook to record in detail the content and number of days spent receiving citizens, handling letters, complaints, reports, and reflections at the reception office or location; the content and number of days spent handling letters, complaints, reports, and reflections. Monthly, they shall prepare a detailed list of the actual number of days participated by officials and civil servants; those who participate in coordination; those who are specialized in handling letters, complaints, reports, and reflections; obtain confirmation from the head of the agency or unit responsible for receiving citizens, handling letters, complaints, reports, and reflections as the basis for payment.

b) The allowance for the subjects specified in Clause 1 and Clause 4, Article 2 of this Circular, if they belong to the payroll of a particular agency, that agency shall be responsible for making the payment.

c) The allowance for the subjects specified in Clause 2 and Clause 3, Article 2 of this Circular shall be paid by the competent authority inviting or summoning them for coordination.

d) The allowance for officials and civil servants directly participating in citizen reception work and handling letters, complaints, reports, and reflections shall be settled together with their monthly salary and shall not be used to calculate contributions or benefits under social insurance and health insurance schemes.

2. Management, use, and settlement:

a) The funds for paying allowances to officials and civil servants engaged in citizen reception and handling letters, complaints, reports, and reflections shall be sourced from the state budget according to the current budget classification and other support sources (if any). This amount shall be included in the annual budget estimate and allocated outside the quota budget of the agency or unit.

b) The management, expenditure, and settlement of funds for paying allowances to officials and civil servants engaged in citizen reception and handling letters, complaints, reports, and reflections shall be carried out in accordance with the current regulations of the State Budget Law and related guiding documents.

Article 6. Implementation Organization

1. Ministers of Ministries, Heads of central agencies, Chairmen of People's Committees of provinces and centrally-administered cities, based on the provisions regarding the application subjects in Clause 4, Article 2 of this Circular within their respective jurisdictions, shall be responsible for specifically deciding (in writing) the subjects entitled to the allowance for officials and civil servants specializing in handling letters, complaints, reports, and reflections as stipulated in Clause 4, Article 4 of this Circular, serving as the basis for implementing payments.

2. Based on the budget capacity and actual situation at the local level, Provincial People's Committees shall submit to the Provincial People's Councils to decide on specific payment levels in writing based on the levels already defined in Clause 1 and Clause 2 of Article 4 of this Circular, ensuring suitability but guaranteeing a minimum of VND 50,000/day/person and a maximum not exceeding VND 150,000/day/person, following the principle of self-arrangement within the scope of the annual budget estimate assigned by the competent authority at the beginning of the year for implementation.

In cases where localities have not issued specific payment level regulations, the heads of agencies or units responsible for citizen reception and handling letters, complaints, reports, and reflections shall base their decisions on the maximum payment levels stipulated in this Circular, ensuring that the actual payment levels do not exceed the maximum levels defined in Clause 1 and Clause 2 of Article 4 of this Circular, while ensuring economy, effectiveness, and avoiding waste within the scope of the annual budget estimate assigned by the competent authority.

Article 7. Effective Date

1. This Circular takes effect from May 1, 2012. For the year 2012, agencies and units shall arrange within the scope of the annual budget estimate already assigned and other lawful financial resources to implement the allowance system as prescribed in this Circular.

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