Laws of Vietnam

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

DECIDES:

Article 1.- To promulgate amendments and supplements to spending norms of the project on protection and development of coastal submerged land areas in South Vietnam (see enclosed Appendix).

Article 2.- This Decision takes effect as from the date of its signing. The earlier documents, which are contrary to this Decision, are hereby annulled.

Article 3.- The director of the Office, the directors and heads of the relevant functional departments and divisions, of the Ministry of Agriculture and Rural Development, the members of the central and provincial project administration boards and the central and provincial project managers shall have to implement this Decision.

For the Minister of Agriculture and Rural Development
Vice Minister
NGUYEN VAN DANG

Pursuant to Credit Agreement No.3292-VN of February 24, 2000 and Agreement No.TF023742 of February 27, 2001 on the Danish Non-Refundable Aid signed between the Socialist Republic of Vietnam and the International Development Association;

Pursuant to the Government’s Decree No.77/2000/ND-CP of December 15, 2000 and Joint Circular No.72/2000/TTLT-BTCCBCP-BTC of December 26, 2000 of the Government Commission for Organization and Personnel and the Finance Ministry adjusting the minimum wage, subsidy and subsistence allowance levels.

Pursuant to the Finance Ministry’s Circular No.94/1998/TT-BTC prescribing the working trip allowance regime for State officials and public employees sent on working missions within the country and Circular No.93/1998/TT-BTC of June 30, 1998 prescribing the conference spending regime.

Pursuant to the Finance Ministry’s Decision No.112/2001/QD-BTC of November 9, 2001 promulgating a number of spending norms applicable to projects funded with official development assistance (ODA) loan capital.

Pursuant to Decision No.1881/QD/BNN-TCCB of May 23, 2000 of the Ministry of Agriculture and Rural Development to set up the Central Administration Board for the project on protection and development of coastal submerged land areas in South Vietnam.

Pursuant to Decision No.2892/QD/BNN-TCCB of July 21, 2000 of the Ministry of Agriculture and Rural Development promulgating the Regulation on organization of implementation of the project on protection and development of coastal submerged land areas in South Vietnam.

The Ministry of Agriculture and Rural Development hereby prescribes spending norms applicable to the project on protection and development of coastal submerged land areas in South Vietnam, as follows:

A. WAGE AND ALLOWANCE REGIMES

1. Wage and insurance regimes:

1.1. Public employees, who are on the payroll of the State administrative and non-business agencies and transferred for long-term work at the project management boards, shall enjoy their full wages (as before they are transferred to the project) under the Government’s Decree No.25/CP of May 23, 1993 temporarily providing for the new wage regime applicable to officials and public employees of administrative and non-business agencies and people’s armed forces.

1.2. Officials who work part-time for or are dispatched to the project shall be paid wages by the transferring agencies.

In cases where their former agencies no longer pay them wages, such part-time or dispatched officials shall have their wages paid by the project under the State’s current regime.

1.3. Remunerations/wages of laborers recruited under contracts by the project management boards (applicable to long-term contracts of 12 months or longer)

Contractual laborers working for the project shall enjoy wages equal to those of payroll laborers, who have been trained and have equivalent professional qualifications and jobs, according to the rank and grade coefficients prescribed in Decree No.25/CP of May 23, 1993 and its guiding documents.

1.4. Remunerations for laborers recruited under seasonal labor contracts by the project management boards

For subjects outside the State payroll and recruited by the directors of the central- or provincial-level project management boards, who agree to pay them according to work contents under seasonal labor contracts, the payment levels shall be as follows:

- Administrative staff: VND 410,000/person/month (22 workdays/40 hours/week)

- Drivers: VND 460,000/person/month (22 workdays/40 hours/week)

- Technicians: VND 900,000/person/month (22 workdays/40 hours/week)

(The above-mentioned subjects shall neither be entitled to enjoy the project wage subsidies nor have their social and health insurance premiums and trade union fees paid by the project).

Note: The number of full-time, part-time and dispatched officials on payroll as well as contractual laborers must be compatible with the provisions of the project documents. If there’s any addition beyond the project documents, such must be approved by the Ministry of Agriculture and Rural Development and the donor.

1.5. The social and health insurance regimes applicable to officials, public employees and laborers recruited under long-term labor contracts shall comply with current regulations.

2. The project subsidy regime:

2.1. For the State payroll officials transferred or dispatched to, or laborers working under long-term labor contracts for, the project, who involve in the project management throughout its execution duration as mentioned in Items 1.1, 1.2 and 1.3 (except for hired foreign specialists and laborers specified at Item 1.4):

+ The central and provincial project managers shall enjoy a subsidy level not exceeding 100% of the basic wage level (according to the basic coefficients prescribed in Decree No.25/CP of May 23, 1993), depending on the extent of their involvement in the part-time or full-time work.

+ Other officials of the central and provincial project management boards (such as full-time, part-time and dispatched officials as well as those working under long-term contracts) shall enjoy a subsidy level equal to 50%-100% of the basic wage level (according to the basic coefficients prescribed in Decree No.25/CP of May 23, 1993), depending on their time amounts devoted to, and responsibilities assigned under the project, as decided by the central or provincial project managers.

+ The subsidies for part-time and dispatched officials must be compatible with their working time amounts devoted to the project. Officials working part time for many project management boards shall enjoy subsidies in only one board where they spent most of their working time.

2.2. For long-term contractual laborers doing the project’s simple jobs other than the professional ones as mentioned at Item 1.3 such as car drivers, administrative staff..., the subsidy level shall be equal to 30%-50% of the basic wage level as decided by the central or provincial project managers.

Note: All the above-mentioned subsidy levels must not exceed the total amount already approved by competent authority according to plans for each project year or period.

B. SPENDING REGIME APPLICABLE TO PARTICIPANTS IN DOMESTIC SEMINARS AND CONFERENCES

Pursuant to the Finance Ministry’s Circular No.112/2001/QD-BTC of November 9, 2001, the project may cover expenses for participants in domestic training courses, seminars, conferences or symposiums, which have already been included in the annual plans and approved under the project (excluding regular meetings).

a/ Subsidy for meal expenses and per diems: For training and refresher courses, conferences and seminars held in Vietnam, it shall not exceed:

+ For the central level: VND 80,000/person/day

+ For the provincial level: VND 60,000/person/day

+ For the district level: VND 40,000/person/day

+ For the commune level: VND 20,000/person/day

The project management boards must clearly notify in the invitations sent to participants in training and refresher courses, conferences and seminars, of their entitlements.

b/ Travelling and accommodation expenses: must be evidenced with lawful and valid vouchers and comply with the provisions in Section C- Working trip and field-trip allowances

c/ Stationery expenses: shall not exceed:

+ For the central level: VND 40,000/person/course

+ For the provincial level: VND 30,000/person/ course

+ For the district level: VND 20,000/person/ course

+ For the commune level: VND 10,000/person/ course

d/ Materials printing expenses: shall be paid according to reasonable and actual spendings but must not exceed the approved estimate.

e/ Lecturer-hiring expenses:

The lecturer-hiring expenses shall be decided by the project managers on the basis of the lecturers’ qualifications, the lectures’ characteristics and venues..., which, in all circumstances, must not exceed the following ceiling levels:

- For lecturers being officials or teachers holding academic titles of professor or associate professor, leading officials being ministers, vice ministers, heads or deputy heads of the centrally-run branches, Party Committee secretaries or deputy secretaries, presidents or vice presidents of the People’s Committees of the provinces and centrally-run cities and equivalent positions: VND 100,000/lecture hour.

- For other lecturers: Lecturers being agencies’ officials:

+ The central level: not exceeding VND 80,000/lecture hour

+ The provincial level: not exceeding VND 60,000/lecture hour

+ The district level: not exceeding VND 30,000/lecture hour

+ The commune level: not exceeding VND 20,000/lecture hour.

(The above-mentioned ceiling levels already include payment for lecturing and lecture materials preparation).

When making working trips, lecturers shall get their travelling, meal and accommodation allowances paid according to the project’s stipulations in Section C- Working mission and field-trip allowances.

f/ Interpretation expenses (if any): shall comply with the provisions in Section D- Interpretation and translation expenses.

g/ Conference hall rents: shall be paid according to reasonable and actual spendings but must not exceed:

- For the central level: VND 1,000,000/day

- For the provincial level: VND 500,000/day

- For the district and commune levels: VND 300,000/day.

h/ Drink expenses:

Payment shall be made according to the actual spendings but must not exceed:

+ For the central and provincial levels: VND 15,000/person/day

+ For the district and commune levels: VND 10,000/person/day

i/ Other conference and seminar expenses such as those for equipment hiring or backdrop preparation shall be paid according to the actual spending regime as decided by the directors of the project management boards in a thrifty and reasonable manner.

C. WORKING MISSION AND FIELD-TRIP ALLOWANCES

1. Working mission allowances:

- Officials sent on working missions to delta and midland provinces shall enjoy an allowance of VND 30,000/day/person.

- Officials sent on working missions to highland, island, border and deep-lying provinces shall enjoy an allowance of VND 50,000/day/person.

2. Field- trip allowances:

Officials making intra-provincial working trips to the field in the project area (for a distance of at least 20 km) shall enjoy a field-trip allowance of VND 40,000/day/person.

* While enjoying the field-trip allowances, officials shall not be paid working mission allowances under the State-prescribed regime.

* Officials making field trips who enjoy allowances from DANIDA’s non-refundable aid sources under Decision No.5054/QD/BNN-TCKT of October 25, 2001 and Decision No.110/2001/QD-BNN of November 23, 2001 of the Ministry of Agriculture and Rural Development shall not be entitled to working trip allowances under current regulations.

3. Payment of accommodation rents at working places:

The project management board members sent on working missions shall have their accommodation rents at working places paid. The payment shall be made according to actual invoices but must not exceed the following levels:

(a) In the centrally-run cities: VND 110,000/day/person.

(b) In other provinces and centrally-run cities: VND 70,000/day/person.

In cases where a project management board member made a working trip alone or there’s an odd member in a working delegation, who is of different sex, hence a room must be rented for him-/herself, the payment shall be made not in excess of the following levels:

(c) In the centrally-run cities: VND 180,000/day/person.

(d) In provinces and other cities: VND 110,000/day/person.

(e) In cases where officials during their working trips have to stay in rural areas where guest houses or hostels are not available, the package payment level of VND 30,000/person/day shall apply but the certification of the managing agencies or administrations of the localities where they go to work is required.

* All the above-mentioned working trip allowance levels must not exceed the total amount already approved by the Ministry of Agriculture and Rural Development under the project’s annual or periodical plans.

4. Payment of travelling expenses: shall comply with the provisions of the Finance Ministry’s Circular No.94/1998/TT-BTC. All payments must be evidenced with tickets or lawful and valid vouchers.

- In special cases where the project officials or invitees need to travel by air, the project managers shall decide to permit them to travel with the project’s expenditure sources.

- In case of hiring transport means (special) for travelling, the payment shall be made only with the project managers’ consent.

- For routes where mass transit is unavailable, thereby the project officials have to use their own means of transport or hire motorbikes, the payment shall be made according to guiding documents of the provincial/municipal Communication and Public Works Service and Finance and Pricing Service in each locality.

- The regular itinerant work allowances shall be paid in package to project officials who have to travel regularly and transact with relevant agencies (treasuries, departments, institutes, provincial/municipal services, branches...) and not exceed VND 100,000/person/month according to Item d on the contents of working trip allowances of the Finance Ministry’s Circular No.94/1998/TT-BTC of June 30, 1998.

- Officials of the project management boards must not travel regularly by taxis on routes where mass transit is available.

D. INTERPRETATION AND TRANSLATION EXPENSES

1. Interpretation:

+ Ordinary interpretation: not exceeding VND 70,000/hour or VND 560,000/day/person for 8 working hours.

+ Simultaneous interpretation: not exceeding VND 150,000/hour or VND 1,200,000/day/person for 8 working hours.

Interpreters on field trips shall also enjoy working trip allowances according to the provisions in Section C- Working mission and field-trip allowances.

2. Translation expenses:

2.1. Translation from foreign languages into Vietnamese:

+ Maximum level: VND 35,000/ 300-word page

2.2. Translation from Vietnamese into foreign languages:

+ Maximum level: VND 40,000/300-word page.

The norms mentioned at Points 1 and 2, Section D shall only apply in case of necessity where the project management boards have to hire interpreters/translators and not apply to interpreters/translators being officials of the project management boards.

E. DOMESTIC VISIT AND SURVEY EXPENSES

Participants and invitees shall enjoy:

- Meal expenses: VND 80,000/person/day

- Accommodation expenses: to be paid according to Point 3, Section C.

- Travelling expenses: to be paid according to the provisions in Section C; in case of car renting, the expenses therefor shall be paid in package under contracts.

(The visit and survey programs must be included in the already approved plans).

F. OVERSEAS RESEARCH, STUDY AND SURVEY EXPENSES

All overseas research, survey and study tours must be approved beforehand by leaders of the Ministry of Agriculture and Rural Development:

1. Expenses for training programs: The training costs (if any) must be approved by the Ministry of Agriculture and Rural Development.

2. Allowances:

The subsistence allowances as well as meal, accommodation and travelling expenses... shall comply with the Finance Ministry’s Circular No.45/1999/TT-BTC of May 4, 1999 and Circular No.108/1999/TT-BTC of September 4, 1999 prescribing the working trip allowances for officials and public employees on short-term working missions overseas.

3. Settlement for overseas working trips:

Delegations making survey and study tours overseas under current regulations shall, within 15 days after returning home, have to complete dossiers for settlement with the project offices, the managing ministry and the Finance Ministry. In exceptional cases the settlement shall be effected with the World Bank.

Basing themselves on the above-mentioned spending norms, the project managers should balance the expenditures so that they shall not exceed the approved budget limits and should work out more specific regulations for the efficient use of those norms, thereby accelerating the project’s activities.

Expenses arising before the promulgation of this guidance shall be settled under the provisions of the Finance Ministry’s Decision No.112/2001/QD-BTC of November 9, 2001.

Should any problem arise in the course of implementation it should be reported to the Central Project Administration Board for timely settlement.

For the Minister of Agriculture and Rural Development
Vice Minister
NGUYEN VAN DANG