Chương II Thông tư 40/2017/TT-BTC: Chế độ công tác phí

Chapter II

WORK-TRIP ALLOWANCES

Article 5. Payment of travel expenses

1. Invoice-based payment:

a) Persons on work trips may receive payments of travel expenses, including:

- Expense for travel from their homes or offices to airports, railway stations or coach stations and vice versa; airfares, train tickets or tickets of mass transit vehicles from their agencies to work-trip destinations and vice versa.

- Expense for travel within localities of work-trip destinations, such as from lodgings to workplaces, from airports, railway stations or coach stations to lodgings and vice versa.

- Charges for transport by road, waterway or seaway for themselves and vehicles.

- Charges for carrying materials, equipment, devices and/or tools (if any) directly serving work trips paid by persons on work trips.

- Charges for transporting their baggage by airplane in case such baggage charges are not included in airfares.

In case sending and receiving agencies or units have arranged vehicles for officials, public employees or contractual employees, they will not have such expenses paid.

b) Based on agencies' or units' internal spending regulations, the nature of work trips and allocated funds, heads of agencies or units shall approve officials’ or public employees' or contractual employees’ request for travel by air, train, car or public transport vehicles or other means of transport, ensuring thrift and efficiency;

c) Regulations on airfares for persons on domestic work trips:

- For high-ranking leaders (holding titles higher than ministerial level or equivalent), state current regulations shall apply.

- Business-class or class-C airfares are applicable to leading officials who enjoy salaries for leadership posts or enjoy leadership post-based allowances under the National Assembly Standing Committee's Resolution No. 730/2004/NQ-UBTVQH dated September 30, 2004 on approval for post-based salaries and allowances applicable to state leading officials, and specialized salaries applicable in Courts and Procuracy domains, the Communist Party Central Committee Secretariat's Decision No. 128-QD-TW dated December 14, 2004 on salaries paid to officials and public employees working at agencies of the Communist Party and the Front and other organizations, or the Government's Decree No. 204/2004/ND-CP dated December 14, 2004 on salaries paid to officials, public employees and armed forces, consisting of: ministers and equivalent; deputy ministers and leading officials who enjoy post-based allowance coefficient of 1.3 or higher; deputy heads of central socio-political organizations; and the Standing Secretary of the central Ho Chi Minh Communist Youth Union.

- Economy-class airfares are applicable to persons holding other titles.

d) For regions in which vehicles of mass transit dealers are unavailable and persons on work trips have to hire other vehicles, heads of their agencies or units shall decide to approve payment of vehicle rents based on vehicle rent contracts or receipts of vehicle owners (taking into account freights of other vehicles at the same time in these regions);

dd) Levels of payment are based on prices indicated in tickets, ticketing invoices or receipts as regulated by law, or receipts of vehicle owners. The ticket price is exclusive of other service charges like those for sightseeing or special services on request.

In case the airfare does not cover baggage charge, the person on a work trip may have baggage charge paid according to the baggage charge rate of departing flight provided that the weight of baggage for which charge is paid shall not exceed the maximum weight of baggage transported free of charge of other normal types of air tickets (airfare includes baggage charge).

2. Provision of fixed travel allowance:

a) For leading officials who are entitled to use cars on work trips under regulations by the Prime Minister and voluntarily register for provision of fixed travel allowance: The fixed travel allowance shall be paid under regulations in the Circular No. 159/2015/TT-BTC dated October 15, 2015 by Ministry of Finance on guidance for certain articles of the Prime Minister’s Decision No. 32/2015/QD-TTg dated August 04, 2015 on criteria, norms, management and use of cars at state agencies, public service providers and one-member limited liability companies of which 100% charter capital is held by the State;

b) Officials or public employees who are not eligible to be arranged cars and who go on work trips on their own cars to localities 10 km or more (in communes facing social - economic difficulties or extreme social - economic difficulties under the Prime Minister's Decisions) or 15 km or more (in other communes) away from their working offices are entitled to provision of fixed travel allowance as 0.2 liter of petrol per kilometer based on distance between administrative divisions and the petrol price at time when they are sent on work trip, which must be included in the units' internal spending regulations.

Article 6. Stay allowances

1. Stay allowances mean amounts paid by agencies or units to their staff on work trips in addition to their salaries for a period from the date they begin until they finish their work trips and return to their agencies or units (including time of journey and stay in work-trip destinations).

Stay allowance payable to a person on work trip: VND 200,000/day.

For a work trip within a day, the head of an agency or unit shall decide the level of stay allowance based on the actual number of hours of the work trip, the work time outside working hours (including the time of journey) and the distance from the agency or unit to the work-trip destination, which must be included in the internal spending regulations of the agency or unit.

2. Officials, public employees and contractual employees working on the mainland who are sent on work trips at sea or on islands are entitled to the maximum stay allowance of VND 250,000/person/day of actual work trip (applicable to days during which they work at sea or on islands and travel days at sea or to and from islands). In specific sectors for which allowances for work trips at sea or on islands have been stipulated by competent authorities, the highest allowance level (stay allowance or work trip allowance) may be applied to payment to persons on work trips.

Article 7. Payment of rents for lodgings in work-trip destinations:

1. Rules for payment of rents for lodgings in work-trip destinations:

a) For high-ranking leaders, state current regulations shall apply;

b) Officials, public employees and contractual employees who are sent by their agencies or units to work trips and must rent lodgings in work-trip destinations are entitled to payment of such lodging rents by adopting any of two following methods: payment of fixed allowance or invoice-based payment;

c) Persons on work trips to agencies or units that have arranged free lodgings are not entitled to payment of lodging rents. If requesting and receiving payment of lodging rents, they shall refund the rents to their agencies or units and be disciplined in accordance with laws on officials, public employees and contractual employees.

2. Payment of fixed allowance:

a) Holders of ministerial, deputy ministerial and leading titles who enjoy a post-based allowance coefficient of 1.25 or higher are entitled to a fixed lodging rent of VND 1,000,000/day/person, regardless of work-trip destinations;

b) For other officials, public employees and contractual employees:

- For work trips to urban districts or urban centers of central-affiliated cities and provincial grade-I urban centers, the fixed allowance is VND 450,000/day/person.

- For work trips to rural districts or towns of central-affiliated cities and other provincial towns or cities, the fixed allowance is VND 350,000/day/person.

- For work trips to other areas, the fixed allowance is VND 300,000/day/person.

3. Invoice-based payment:

Persons on work trips who refuse to receive payment of fixed lodging allowance under Clause 2 of this Article may receive payment based on actual lodging rents (accompanied with lawful invoices) as approved by heads of their agencies or units. To be specific:

a) Holders of ministerial and equivalent leading titles are entitled to the lodging rent of VND 2,500,000/day/room with one person per room, regardless of work-trip destinations;

b) For work trips to urban districts or urban centers of central-affiliated cities and provincial grade-I urban centers:

- Holders of deputy ministerial and leading titles who enjoy a post-based allowance coefficient of between 1.25 and 1.3 are entitled to the lodging rent of VND 1,200,000/day/room with one person per room.

- Other officials, public employees and contractual employees are entitled to the lodging rent of VND 1,000,000/day/room with 2 persons per room.

c) For work trips to other areas:

- Holders of deputy ministerial and leading titles who enjoy a post-based allowance coefficient of between 1.25 and 1.3 are entitled to the lodging rent of VND 1,100,000/day/room with one person per room.

- Other officials, public employees and contractual employees are entitled to the lodging rent of VND 700,000/day/room with 2 persons per room.

d) A person who is entitled to lodging room with 2 persons per room but goes on a work trip alone or odd persons or odd persons of different sexes in a delegation may rent a separate room at the actual rent rate not exceeding the rent applicable to other persons in the delegation (with 2 persons/room);

dd) A person who is entitled to lodging room with 2 persons per room but goes on a work trip in the same delegation with holders of leading titles who are entitled to hotel room with 1 person per room may receive payments based on actual rents of standard rooms in hotels in which such holders of leading titles stay with 2 persons/room;

e) Payment levels of lodging rents specified in this Clause include taxes and fees (if any) under effective regulations of law.

4. Persons on work trips who have to complete their tasks until the day-end or who can buy airfares, train or car tickets only from 18:00 hours to 24:00 hours of the same day may receive payment for an additional half-a-day rent (applicable to both payment of fixed lodging allowance or invoice-based payment methods) not exceeding 50% of the relevant level of fixed lodging rent. They may not receive fixed lodging rent for staying overnight on train, boat, ship, airplane, car or other means of transport.

Article 8. Payment of monthly fixed work-trip allowance

1. For commune-level officials and officials of other agencies or units who have to regularly go on work trips for over 10 days a month (such as correspondence clerks, accountants, forest rangers, officers of procedural agencies who conduct investigation, procuracy or verification or send legal notices and other duties), heads of agencies or units shall, depending on entities, task characteristics and financial capacity, set the fixed level of monthly work-trip allowance to support these officials in covering car-parking and fuel expenses, which must not exceed VND 500,000/person/month and shall be included in their internal spending regulations.

2. If these officials are sent by competent authorities to go on specific work trips, they may receive payments for work-trip allowance under regulations herein together with monthly fixed work-trip allowance if they go on work trips for over 10 days a month.

Article 9. Officials going on work trips with inter-branch or inter-agency delegations

1. In case an agency or unit wishes to requisition officials, public employees and contractual employees of another agency or unit for an inter-branch work trip to perform its political tasks or for fundamental research projects, that agency or unit shall pay all expenses for the delegation, including travel expenses, stay allowance, and lodging rent in work-trip destinations at the levels specified in its internal spending regulations.

2. In case officials, public employees and contractual employees join an inter-branch or inter-agency delegation on a work trip under the requisition of a superior regulatory agency or coordinate with one another in performing jobs within political tasks of each agency or unit, the agency or unit in charge of the delegation shall pay travel expenses to these officials, public employees and contractual employees. A delegation member who goes to the work-trip destination alone may have travel expenses paid by his/her agency or unit.

In addition, the sending agency or unit shall pay stay allowances and lodging rents to their staff on work trips.

3. Official letters (letters or official letters of invitation) requisitioning officials, public employees and contractual employees of other agencies or units for work trips must indicate each agency and unit's responsibility to pay work-trip expenses.

Article 10. Supporting documents for payment of work-trip allowances

1. Travel warrant of person on work trip, certified by the receiving agency (or by hotel or guesthouse).

2. A document or work plan approved by the head of an agency or unit; official letters or letters of invitation; official letters requisitioning officials, public employees and contractual employees to join the work-trip destination.

3. Ticketing invoices or receipts as regulated by law when going on work trip by means of transport, or receipts of vehicle owners. Particularly for documents for payment of airfares, boarding cards are required in addition to ticket counterfoils (or electronic tickets) under effective regulations of law. In case of loss of boarding cards, certification by sending agency or unit is required (in case payment is made based on actual travel expenses).

4. Table listing travel distances, which shall be submitted to heads of agencies or units for payment approval (in case payment is made based on actual travel expenses).

5. Lawful invoices or receipts of lodging rents (in case payment is made based on actual lodging rents).

6. Particularly for payment of fixed travel allowance for work trips as regulated in Point a Clause 2 Article 5 herein, documents mentioned in Clauses 2 and 4 of this Article are required.