Circular No. 53/2008/TT-BTC guiding the operating funds for labor mediators

CIRCULAR

Guidelines on funding to ensure the operation of labor mediators

Pursuant to Decree No. 133/2007/NĐ-CP dated August 8, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Labor Code regarding the resolution of labor disputes;

The Ministry of Finance issues guidelines on funding to ensure the operation of labor mediators as follows:

I. APPLICABLE OBJECTS

The objects subject to this Circular are county-level labor authorities and labor mediators who have been recognized by the Chairman of the People's Committee at the county level and assigned in writing to participate in mediating individual labor disputes at enterprises without mediation councils; disputes concerning the implementation of vocational training contracts and vocational training costs; disputes as stipulated in Clause 2, Article 166 of the Labor Code when the parties request mediation; and collective labor disputes upon request.

II. CONTENT, AMOUNT OF EXPENSES AND SOURCES OF FUNDS TO ENSURE THE OPERATIONS OF LABOR MEDIATORS

1. Content and Level of Expenditure:

- Travel expenses incurred during the days of performing labor dispute mediation work by labor mediators shall be reimbursed according to the provisions of Circular No. 23/2007/TT-BTC dated March 21, 2007 of the Ministry of Finance on travel allowances and meeting expense regulations for state agencies and public service units, and Circular No. 127/2007/TT-BTC dated October 31, 2007 of the Ministry of Finance amending and supplementing Circular No. 23/2007/TT-BTC dated March 21, 2007 and Circular No. 57/2007/TT-BTC dated June 11, 2007 of the Ministry of Finance.

- Payment for labor mediator services during the days of performing labor dispute mediation work (including days spent reviewing files, meeting both sides of the labor dispute to collect evidence and materials): VND 50,000/day.

2. Documents serving as the basis for reimbursement of funds to ensure the operations of labor mediators include:

- A request for payment of funds to ensure the operations of labor mediators (Model No. 1 attached to this Circular).

- Assignment documents from county-level labor authorities to labor mediators.

- Mediation records of labor disputes (Model No. 7 issued together with Circular No. 22/2007/TT-LDTBXH dated October 23, 2007 of the Ministry of Labor, Invalids and Social Affairs).

3. Funding to ensure the operations of labor mediators is allocated within the annual budget estimates of county-level labor authorities according to current regulations on budget management levels. The preparation, management, and settlement of funds for the activities of labor mediators shall be carried out in accordance with the State Budget Law and its guiding documents.

4. The content and amount of expenses to ensure the operations of labor mediators shall take effect from the date the Decree No. 133/2007/NĐ-CP dated August 8, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law Amending and Supplementing Certain Provisions of the Labor Code regarding the resolution of labor disputes comes into force.

III. IMPLEMENTATION PROVISIONS

This Circular shall take effect fifteen days after its publication in the Official Gazette.

Any difficulties encountered during implementation should be promptly reported to the Ministry of Finance for study and resolution./

Model Number 1: Issued together with Circular No. 53/2008/TT-BTC dated June 20, 2008 of the Ministry of Finance.

REQUEST FOR PAYMENT OF FUNDS TO ENSURE THE OPERATIONS
OF LABOR MEDIATORS

Name of labor mediator:...

Unit:...

I. Content of payment:

1. Transportation expenses:

1.1. Transportation expenses for going and returning from the office to the place of work according to the fare of public transport means (if applicable):

...................................................................................................................................

1.2. Reimbursement for self-provided transportation expenses for work trips (according to internal expenditure regulations of the office):

...................................................................................................................................

2. Payment for labor mediator services during the days of performing labor dispute mediation work (Number of days spent reviewing files, meeting both sides of the labor dispute to collect evidence and materials X VND 50,000/day):

...................................................................................................................................

II. Amount to be paid:

1. Advance payment amount:

2. Payment amount:

(In words:…)

(Attached original receipts for cases where public transport was used).