Chương 3 Nghị định 54/2005/NĐ-CP: Chế độ bồi thường chi phí đào tạo

Chapter 3:

COMPENSATION REGIME FOR TRAINING COSTS

Article 12. The cases required public servants, public employees to pay compensation for training costs

1. After public servants, public employees were sent for training that their time of service as required prescribed in clause 2 of Article 13 of this Decree is not up but they arbitrarily quit their jobs or unilaterally terminate the working contracts.

2. Public servants, public employees who are in the time being sent out for training arbitrarily quit their jobs or unilaterally terminate the working contracts.

Article 13. The training costs calculated for compensation and method to calculate compensation costs

1. The training costs calculated for compensation include: expenses for training courses (including travel costs) calculated by each person to be trained with time from 03 (three) months or more from State budget, from official financial aid from foreign countries to Vietnam, from funding of the agencies and units.

2. The method to calculate compensation costs:

a) For public servants, public employees who are being in the time being sent out for training but they arbitrarily quit their jobs or unilaterally terminate the working contracts or returned to the agencies or units but they arbitrarily quit their jobs or unilaterally terminate the working contracts right away, they must pay compensation for the full training costs of such training course.

b) For other cases, compensation expenses are calculated as follows:

Based on the time required to serve and the time that public servants, public employees work continuously at the agencies, units after completion of training course and the total costs of training course to calculate the level of compensation as follows:

In which: Time required to serve is stipulated threefold compared to the time of the training course.

Article 14. Council of considering compensation for training costs and procedures for considering compensation

1. Council of considering compensation for training costs shall be decided to establish by the heads of agencies and units. The Council has 05 members including:

a) The heads of agencies, units or deputy heads of agencies, units are the Chairmen of the Council;

b) Representatives of leaders of the trade union organization at the same level or trade union’s representatives of agencies, units as the members;

c) The persons who are in charge of training and improving work of public servants and public employees of the departments of organization and personnel of agencies, units as the members;

d) Persons who are in charge of the finance - accounting departments of the agencies, units as the members;

đ) Persons who are direct in charge of the agencies or units of the person required to pay compensation as the members;

The Council works on the principle of collective voting by majority. The Council conducts the meetings to consider only when having all the council’s members.

2. Process of considering compensation for training costs is done in the following order:
Chairman of the Council announces the participants, appoints secretary;

The person who is in charge of training and improving work of the personnel and organization department reports the contents related to the compensation and the provisions on compensation regime;

Person who is in charge of the finance - accounting department reports the level of compensation under clause 2 Article 13 of this Decree;

Person who is direct in charge of the agency or unit of the person required to pay compensation reports the process of working of the person required to pay compensation;

The Council discusses and ballot on the level of compensation after based on the provisions in clause 3 of Article 3 of this Decree. Recommendation of the Council’s compensation level is made in writing to request the competent agency, unit, or head of administrative unit of the State to decide;

The Council shall dissolve by its own after its completion of task.

Article 15. Recovery of compensation costs

1. The person who must pay compensation for training costs is responsible for paying the amount required to pay compensation to the finance - accounting department of agency, unit within 03 (three) months from the decision of the competent agency, unit.

2. Cost of training compensation is settled as follows:

a) For state agencies, administrative units granted by the state budget the full cost of regular activities, the cost of training compensation shall be paid into the state budget;

b) For administrative units with collection covering regularly-operating costs;

Administrative units with collection covering a part of the regularly-operating costs, the cost of training compensation shall be decided by the administrative units in balancing revenues and expenditures to implement the training activities of the units as prescribed by law.

3. Where person who must pay compensation for training costs does not pay the amount as prescribed in clause 1 of this Article, the agency, unit shall not conduct procedures to return insurance book and shall not confirm the other necessary documents, and may request the Court to settle.