Chương I Thông tư 40/2017/TT-BTC: Quy định chung về chế độ công tác phí, chế độ chi hội nghị

Chapter I

GENERAL PROVISIONS ON WORK-TRIP ALLOWANCES AND CONFERENCE EXPENDITURES

Article 1. Scope and regulated entities

1. Scope:

This Circular deals with work-trip allowances and conference expenditures applicable to regulatory agencies, public service providers, political organizations, socio-political organizations, other organizations or associations funded by state budget (hereinafter referred to as agencies and units).

2. Regulated entities:

a) Work-trip allowances:

- Officials, public employees and contractual employees who, as defined by law, work at regulatory agencies, public service providers, political organizations, socio-political organizations, other organizations or associations funded by state budget.

- Deputies of People’s Councils at all levels who participate in activities of People's Councils.

b) Conference expenditures:

- Professional conferences, thematic review conferences, annual review conferences, task performance training conferences held by state administrative agencies as prescribed in the Prime Minister's Decision No. 114/2006/QD-TTg dated May 25, 2006 promulgating regulations on meetings in the operation of state administrative agencies (hereinafter referred to as Decision No. 114/2006/QD-TTg dated May 25, 2006), sessions of People’s Councils and those of their Standing Committees and Boards.

- Professional conferences, thematic review conferences, annual review conferences, task performance training conferences held by public service providers.

- Professional conferences, task performance training conferences or other conferences held in accordance with regulations in the statutes of political organizations, socio-political organizations, other organizations or associations funded by state budget.

c) Particularly, the National Congress of the Communist Party of Vietnam, congresses of Party Committees at all levels in preparation for the National Congress, conferences of Party agencies, National Assembly sessions, sessions of the Ethnic Council or other committees of the National Assembly, and sessions of the National Assembly Standing Committee must comply with specific regulations of competent authorities.

Article 2. Sources of funding for work-trip allowances and conference expenditures

1. Funding from state budget.

2. Revenues from collected fees which are retained under regulations of the Law on Fees and Charges.

3. Revenues from operations and provided services of public service providers.

4. Other sources of funding as regulated by law (if any).

Article 3. General provisions on work-trip allowances

1. Work-trip allowances, which are expenses payable to persons on domestic work trips, include travel expense, stay allowance, rent for lodgings in work-trip destinations, luggage charge, and document-carrying charge (if any).

2. Time for calculating work-trip allowances is the actual period of a work trip as determined in the written approval by the person who has the power to send official/ public employee on such work trip or the invitation for joining the work trip (including weakly days off, public holidays, and New Year’s Day according to the itinerary of the work trip, and travel time).

3. Eligibility requirements for work-trip allowances:

a) They must fulfill their assigned tasks;

b) They are sent on work trips by heads of their agencies or units, or they are invited to join the work trips;

c) They sufficiently present required documents for payment as regulated herein.

4. The following cases are ineligible for work- trip allowances:

a) Treatment or convalescence period spent at health care facilities or sanatoria;

b) Period of participation in long-term or short-term training courses during which trainees have enjoyed entitlements as regulated;

c) Period for doing private business during the work trip;

d) Time on resident or dispatched assignment in another locality or agency under a decision of a competent authority.

5. Heads of agencies/ units shall consider sending their staff on work trips (regarding the number and work-trip duration) to ensure the efficient and economical use of funding.

6. Agencies and units shall pay allowances to their staff that is sent on work trips, except the cases specified in Clause 4 of this Article.

7. During work trips, if work requires extra time, officials and public employees may, in addition to stay allowances, enjoy nigh work pay and/ or extra-time pay in accordance with effective regulations of law. Heads of agencies and units shall specify in their internal spending regulations procedures for certification of extra working time as a basis for payment and work trips eligible for extra-time pay, on the principle that payment may be made only in case such extra working time is required by a competent authority, not for cases in which officials, public employees or contractual employees on work trips concurrently settle their personal matters during days-off and not for travel time on ship, airplanes, cars and other means of transport.

8. With respect of deputies to People's Councils at all levels and deputies who are invited by the Standing Committees of People's Councils at all levels to attend sessions of People's Councils or of committees of People's Councils, conduct supervisory activities or meeting with voters and go on work trips to perform other tasks, the Standing Committee of People’s Council of which level that inviting such deputies shall be responsible for making payments for work-trip allowances to such deputies with budget from operating funds of the People’s Council of such level.

9. Officials, public employees and contractual employees who are invited by procedure-conducting agencies as witnesses in cases involving their expertise may receive payments for travel expenses and other expenses from operating funds of these agencies.

Article 4. General provisions on conference expenditures

1. Before holding conferences to grasp and implement nationwide the Communist Party's and State's major, important and urgent guidelines and policies in their assigned management domains; thematic review conferences; or conferences reviewing annual work programs, ministries, ministerial-level agencies or the government’s affiliates must obtain the Prime Minister's written approval thereof under the Prime Minister's Decision No. 114/2006/QD-TTg dated May 25, 2006. Before organizing national conferences, the Communist Party's central committees must obtain written approval of the Secretariat's Standing Committee.

Before convening the whole sector's meetings in localities to review the performance of annual tasks or training meetings attended by chairpersons or deputy chairpersons of district-level People's Committees or heads of other district-level specialized agencies, heads of specialized agencies of provincial-level People's Committees must obtain approval of chairpersons of provincial-level People's Committees under regulations.

Before convening the whole sector's meetings in districts to review the performance of annual tasks or training meetings attended by chairpersons or deputy chairpersons of commune-level People's Committees or heads of other commune-level specialized agencies, heads of specialized agencies of district-level People's Committees must obtain approval of chairpersons of district-level People's Committees under regulations.

2. When holding conferences, heads of concerned agencies or units shall arrange appropriate locations and increase online meetings, especially for national conferences, while meeting specific requirements of each conference; combine matters and problems to be addressed; rationally combine different meetings; make careful preparations for meetings. Depending on characteristics, contents, purposes and requirements of a meeting, the person convening the meeting shall carefully consider and decide the appropriate composition and number of participants, ensuring thrift and efficiency.

Conference organizers must strictly comply with regulations on conference expenditures under this Circular and provide conference delegates with convenient accommodations, preventing ostentation. They may not hold reception parties or pay for sightseeing activities, presents or souvenirs. Funds for conferences shall be included in agencies' or units' annual state budget estimates approved by competent authorities.

3. Duration of a conference:

a) The duration of a conference to review performance of tasks, thematic review conference, or task performance training conference shall comply with regulations in Decision No. 114/2006/QD-TTg dated May 25, 2006;

b) The duration of a training course with funds for training and retraining state officials and public employees or funds under programs or projects depends on the training program approved by a competent authority;

c) The duration of other meeting shall not exceed 2 days depending on its characteristics and contents;

d) The duration of a session of People's Councils or a meeting of committees of People's Councils is governed by specific guidelines of competent authorities