Decision No. 73/2002/QD-BNN promulgating amendments and supplements to spending norms of the projects on forestry sector and management of headwater protection forests

Of I ICl/\l (;/\/1 - I 11 · .!JJ!L,IVIINIS TUY .QF AGUICUL} U(5JL~N.~ > RURAL DEVELOPMENT lh:,CISION No. 73/2002/QD-BNN OF AUGUST 15, 2002 PROMULGATING AMENDMENTS AND SUPPLEMENTS TO SPENDING NORMS 01= THE PROJECT ON FORESTRY SECTOR AND MANAGEMENT OF HEADWATER PROTECTION FORESTS THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT Pursuant to t/1e Government's Decree No. 73/CP of November 1, 1995 defining tile functions, tasks, powers and organizational struNure of the Ministry of Agriculture and Rural Development; Pursuant to Credit Agreement No. 1515~ VIE (SF) between the Socialist F{epublic of Vietnam and the Asian Development Bank (ADB) for the project on "forestry sector and management of headwater protection forests/ signed on June 11, 199 7; Pursuant to the Prime Minister's Decision No.221 TTg of January 11, 1997 approving the pre-feasibility project on forestry sector and management of headwater protection forests in Thanh Hoa, Quang Tri, Phu Yen and Gia Lai provinces; Pursuant to the Finance Ministry's Decision No.11212001/QO-B re of November 9, 2001 promulgating the spending norms applicable to projects funded with Official Development Assistance (ODA) loan capital; At the proposal of the director of the nnanc-e and Accowting Depattment, DECIDES: Article 1.·· To promulgate crnie11dmenls and :;upplements lo spendin9 110nm; lJf the project on I( l t'(?s try sector <.:1 rid ma rwge n 1 () nt uf 11 eadwc1tur pmt0c\ion for{ists. l\rticlc 2.· Thi\, Uc'cisinn t;:11,e:, ,-lfr•ct m; from th(;: d;itr, of iti; c;innin~J. Thu e,Hfo,,r d1Jct1111t :·nb. C(J11ti';;Hy in tl 1 i~,( Ued-,ion rm,i lw1,diy ,ir11111iled. /i I ltt:10 J,.. 11 I(: direr;!()( ot the Mu 11stry' :; ()j'fi(~(-!, \Ile di1·cctcm; and hemJs of the relevcmt functional dcpartrwinti, and 9i1.:/sions of tlw M1nisliy or Aoriculturo ,ind H.ural Ueveloprnenl, the rnembe1·s of ttir,i national and provincial proiect adrnini~tt ation bormls, and the central amJ provincial project 1mmauc1s shall llave to implement this Decision For the Minister of Agriculture and Rural Development Vice Minister NGUYEN VAN DANG GUIDANCE FOR APPLICATION OF SPENDING NORMS TO THE PROJECT ON FORESTRY SECTOR AND MANAGEMENT OF HEADWATER PROTECTION FORESTS (Issued together with Decision No. 7312002/QO-BNN of August 15, 2002 of the Minister of Agriculture and Rural Development) Pursuant to Credit Agreement No.1515-VIE (SF) between the Socialist Republic of Vietnam and the Asian Development Bank (AOB) for the forestry sector project, signed on June 11, 1997; Pursuant to the Prime Minister's Decision No. 221 TTg oUanuary 11, 1997 approving the pre-feasiMity project on forestry sector and management of headWciter protection forests in Thanh Noa, Quang Tri, Phu Yon and Gia Lai pmvinces; Pursuant to the Finance Ministry's Circular No.181 200-f/TT-BTC of September 28, 2001 guiding tho financial mam1w!ment mechanism app//c:ab/o to Uw project on forestry sector and manaqnmonf of headwntor protection forests, /!ur:;uanr to the Finance Ministry's Crrculnr No. n11 HlrJ/l/lT irrc of .lune 30, 1998 s!ipuh!iuu !lw w,1r/dng trip nl/01• 1w1co rogimo for Sin/': otrhin/:: ·:1n(1 ur1111/uveos M,ni on worl<ing miss1011:, in:,iilc !110 (,/11///ll v. 1:.1ursunnl lo t11e rinance Ministry's Oo1 ;1s1u11 No. 112/2/J0 1/Ql).-fffC pmmulguting o numlwr of spending norms opplic:ahle fn projects funder! witlr OD/\ loan capital. Pursuant to tho Goven111ienl's Docree No. l!/2000/ ND-CP of Decemlmr 15, 2000 and Joint Circular No. 7212000/rTI. T-BTCCBCP-BTC of December 26, 2000 of the Government Commission for 01gani?.ation and Personnel and the Finance Ministry ad;usting tho minimum wage, subsidy and subsisteoce al/ownnco levels. The Ministry of Agriculture and Rural Development here!Jy prescribes the spending norms applicable to the project on forestry sector and management of headwater protec/ion forests, as follows: A. WAGE AND ALLOWANCE REGIMES I. THE CENTRAL" AND PROVINCIAL-LEVEL PROJECT MANAGEMENT BOARDS: 1. Wage and insurance regimes: 1.1. Public employees on the payroll of the State administrative agencies, who are 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/ GP of May 23, 1993 temporarily providing for the new wage regime applicable to officia Is and public employees of administrative and non"business J.gencies and people's armed forces. 1.2 Officials who work part--time for or are seconded to the project shall be paid wayes by the transferring a~iencies. 111 cases wt,ere their former agencies no lonqt,1· pay them wages. such part-time or· seconcJed offici;cilr, shall get paid by the project management bornd:-; accmdin~J to !ht~ Slate's cune11t regime. 1. 3. Hornuncrntions/waqus of labort1r:;; recn I i1cd under contracts l.ly tile p1 oject 1,1anancrnent l)uc1rcl:-; ( applicablci to k.H 1;1 .. \cnn cnnti;11 :l'.:; of ·11 rnorit11:·, 1.11 :onger) Conl ract11;1 I l,1 l,or1, ,1 :; flC~ ! fn 11 n i IIq l! l(i pr cj,, .. i' ·, pmfm;:;ic,n,ll 10111, •-J1;1I! d1jc,y w,1HU~., equnl 1n v-1:uw:. n r p,:iyrc1II labon,rs, w!10 have IJ(·;en tr<1inecJ ,11 HI i 1nvci cqu i vnlen t profci;s io nn I q IJ ,l I ific,:1tio 11 ,; und Jobi;, accordi11~J to the r~mk and titl1; coenicir)11t:; p1cscribed in Decree No.25/CP and its quidinrJ documents. 1.'1 Fm subjects not on the State puyrol! and rccru ited by the di recto rs of the centra I - or p mvincia I level project management boards, who agree to pay them according to their jobs under s,,asorrnl labor contracts, the payment levels shall be as follows: Administrative staff: VND 410,000/person/inonth (22 workdays/40 hours/week) Car· drivers: VND 460,000/p(m;on/month (22 workdays/40 hours/week) Technicians VND 900,0U0/pei-son/month (22 workdays/40 hours/week) (The above-mentioned subjects shall neither enjoy the project wage subsidies nor have their social and health insurance premiums and trade union fees paid by the project). The numbers of full-time, part-time and seconded payroll officials as well as contractual laborers must be compatible with the provisions of the project documents. If there's any addition outside the project documents, such must be approved by the ADB and the Ministry of Agriculture and Rural Development. 1. 5. The social and health insura nee regimes applicable to officials, public employees and laborers recruited under long-term lr.1bor contracts shall comply with current regL1fations. 2. The project subsidy regime: 2.1. Subjects being officials on the t3tate payroll, wt10 are transferred or seconded to t~1ke pc.irt in the management of the project throughout iti; execution duration as mentioned i11 lt8111s -1. 1, 1.2 and 1.::1 (except for the l1ir8(I foreiqn ,.;pecialist~, and laboi-01·:; defined in !tern 1. 4 ), shall enjoy the project wc.1~e subsidies. + Tl1e directors of lhe ccr1tral and pnNincial project rnanar.1e111ent bo;::rnfa sh,'111 enjoy a subsidy levcd not 1~xceedinq Hl0% of tl1r: h,ii,ir v,:-1De l0vd (accordinq to Uw basic codfici('t1\'o /Jff',:,cril1cd i11 Ll(ic:1 fi8 No .)!ii C P of M,1y ?3, ·1993), r.h-:1x,nd inq (Ill t11c m:lii11t of th:jr i11volvnmcII\ in the pmHirnr: ·. ,1· 1•111 ':lilW wnrk + (JU In!' offidab ()111 IC Ci'I I !r ril cir,, I p1: )Vi 11r:i,ll 1111 ,jr,;, l (if I IU/\I (1/\/J 111 Nu. 4/ (:2!, L' /(HJ?) 111anafiement boards (i;uch a'> fulH11nn, p,:ut--l111"1n ;;11(1 secondfod officials as well as lribomrc; workir1g ur1dc;r long--term contracts) shall enjoy a :;ull,;idy lev(:I equdl to 50%-100% of the basic wage level (uccording to the bnsic coefficients prescribcid in l"Jocnori No./h/C I) of May 23, 1993), depending on their wmkin~J duration and ambit of responsibility in the project, us cfecided by tile central or provincial project rnam1gers. + The subsidies for part-time and seconded officials must be compatible with tho time they work for tt1e project. Officials working pmHime for many project management boards shall enjoy subsidies in only one board where they spend most of t11eir working time, 2.2, For contractual laborers doing the project's simple jobs other than the professional ones such as car drivers, administrative staff, clerks, watchmen, cleaners ... , the subsidy level shall be equal to 3Qo/o .. 50% of the basic wage level as decided by the central or provincial project managers. II. DISTRICT- OR COMMUNE-LEVEL PROJECT MANAGEMENT BOARDS 1. District-level project management boards Project manager and deputy managers working part-time shall not enjoy wages but only the wage subsidies from the project's budget source. Officials working full-time for the project, who are transferred or recruited under decisions of their managing agencies and those working under long term contracts shall enjoy wages (accNdinf) to the rank ~1fld title coefficients prnscribed in Decree No.25/ CP) and the project's wage subsidies Officials working fm district-level project management boards shall enjoy a subsidy level equal to 40%-60% of the basic wage level, m; decided by the director of the provincial-level project 111am1gemcnt board. Tho number of membor·r; of a distrk:t--k)w:I rmijc1ct rr1am1g1,nwnt board ,mjoying prnjecl w<11J() ,; ;111(1 wnqe sub:;id1cs shall comply witil the prnvi'.;ion~; of I )ocu111t0 nt No./tl!'i2 /BN N- 1·ccn hut ~;11. 111 nnt 1~xcr.~ed g 2. Commurw mini--prnje(:l. ex1icuthit1 i.fHHllH tvlcrnbm:;. of con11nunc mirn-prnject ex<-11;ut1011 ternns shall enjoy tile-, following subsidy level:;: learn lc!arlur· nnt exumding VND 120,000/munth. Tczim mr!rnhc~!f; Pd r-:xceeding \IND 100,()()(1/ month Depending 011 their wo1 king time amounts and responsibilities cissigned in a month, the director~ of the district-level project management boards shall decide on the specific sulJsidy levels. The number of members of 21 commune mini project execution team, who enjoy the project subsidies shall comply with the provisions of Document No.2/452/ BNN-TCCB but shall not exceed 8. Note: All the above-mentioned subsidy levels must not exceed t/"re total amount already approved by the Ministry of Agriculture and Rural Development under annual or periodical plans for the project. B. SPENDING REGIME APPLICABLE TO DOMESTIC CONFERENCES, SEMINARS, TRAINING AND REFRESHER COURSES On the basis of the Finance Ministry's Circular No. 78/2001 /TT-BTC of September 28, 2001, the project's subsidies may be paid to 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). The spending contents: a/ Meal expenses and per die ms: For traming and refresher courses, conferences and seminars held iri Vietnam, which shall not exceed: + For the central level: VND 80,000/person/day + Fm the ·provlnc1al level: VND 60,000/person/day + For the district level: VND 40,000/pcrson/day + For tl1e cornrnune lev1::I. VND 20,000/person/day For conferencef ; tmd seminars organized by the project rnanu~Jement boards, all organiz01·s, participants and k:ctur·er·s shall have their 1neal expenses and per dierrn; tully paid fro1r1 the p1·oiect'i; fundin~J smircno Th(~ conferc;11ce and :,s)111irn.i1 Oi\Ji'lnizi11q IJourcfr, rnw;! cle.-11·ly :;\ah) i11 i11viL1liow; the deleq;1k:f;' entill(!lrl(:!i1S No ,f? (?.5-0-?00?.) b/ Travelling and accornmodntion oxwmses: sh,111 comply with the provisions in Section C- Wor,K1NG·· THIP ALLOWANCE REGIME cl Stationery exrenses: s!vill not oxcAr-'d + For the central level: VND 40,000/person/day + For the provincial level: VND 30,000/pmson/day + For the district level: VND 20,000/person/day + For the commune level: VND 10,000/pmson/day d/ Materials-•printing expenses: shall be paid according to reasonable and actual spending but must not exceed the approved estimate. e/ Lecturer-hiring expenses: The lecturer:-hiring expenses shall be decided by the project managers based on such factors as the lecturers' qualifications, the lectures' characteristics and venues ... , which, in au 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, the People's Committee presidents or vice presidents of the provinces and centrally-run cities, and equivalent positions: VN D 100, 000/!ecture hour. For other lecturers being officials of agencies: + For the central level: Not exceeding VND 80,000/ lecture hour + For the provincial level: Not exceeding VND 60,000/ lecture hour + For the district level: Not exceeding VND 30,000/ lecture hour + For the commune level: Not exceeding VND 20,000/ lecture hour. (The above-mentioned ceiling levels already include the payment for lecturing and lecture preparation). When making working trips, lecturers shall gel H1eir travelling expenses paid according to the provii;ions in Section C·· Wcm.K1Nc;-rn1io flU OWANCL' r~r:c,IME. f/ I nterprc'tcition flnd/01· trnn,;l,1tion expenst-,s (if any): shall comply with the pmvii,iom; in Section U. fJ/ Conten-,nce I ldll rnnh,: ~;h,c1II bP flc'lid ,,cconlinn to rnasonable amJ uctual spendinn hut must 1rnt oxceed: For the central level: VND 1,000,000/r:hiy Fm !!rn pruvi1lci;-il level. VNO [jQ0,000/day For the district and commune levels: VND 300,000/day. i/ Drink expenses: Payment shall be made accordinn to the actual expenses but must not exceed: + For the central and provincial levels: VN D 15, 000/ person/day + For the district and commune levels: VND 10,000/person/day C. WORKING-MISSION AND FIELD-TRIP ALLOWANCES 1. Payment of travelling expenses: shall comply with the provisions of the Finance Ministry's Circular No.94/1998/TT-BTC of June 30, 1999 prescribing the working trip allowance regime for State officials and public employees. Jn special cases where the project officials or invitees need to travel by air, the d irectOl's of the project management boards shall decide to permit them to travel with the project's expenditure sources. For the routes where mass transit is not available, 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 Service and Finance and Pricing Service in each locality. The regular mobile work allowances: shall be paid to project officials who have to travel regularly and work with relevant agencies (treasuries, rlepmtments, institutes, provincia 1/m uni cipal services, b rR 11 cJ1es, .. ), which s hal I not exceed VN D 1 00, 00 0/ person/month. .. Tl1e project rmmagement board officials must nut trnvel re~Jularly by taxis on 10119 ro1Jtu::; wh8t\'.! ma% l1c111sit is available). :?.. Working-trip ;md fiek1,worl-t allowances Officials sent· 011 wmking 111ii,:;i(J11!; to delta and rnidland provinces stwll c:,,icll enjoy rn1 ullow:;1ncc uf Vf-J D :-10, 000/d a Y 01 I 11: i/\1 C/\/1 I'll Officiali; :,;n11l or1 w01 ki11n rnis:,ior1s to hi1:ih1n11d, island, horder and denp-•lying provinces srwil r-:;ich enjoy mI allow,:rnce of VND S0,000/day. Offid,1ls I11;1k ing int1·n·-pl"Ovi11r;ial workin:i field tripi, to the pmject dff:a (fm a dista11m of at lear,l 20 kni) shall each enjoy a fie Id -t.ri ps a I lowance of VN D 40, 00 0/ day. If enjoying the field-t1·ips c:illowances, officials shall not be paid workinf.) mission allowances under the State-p resoi bed reg i mr:i. 3. Payment of accommodation rents at working places: Project mamigement board officials sent on working missions shaJJ !,ave 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 provinces: VN D 11 O, 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/her, the payment shall be made not in excess of the following levels: (c) In the centrally-run provinces: VND 180,000/ day/person b/ In other provinces and centrally-run cities: VND 110,000/day/pcrson. (e) In cases where officials on wmking !rip~; have to stay in rural areas where exist no guesthouses or hostels, the packu~e payment level of VND :10,000/ person/day ,~h8II apply but the certification by Uieir managing nnendes or adrninistr·ations of the localities where they (.JO to work ii; required. All the a!JovtHnentioned level::; of workin9 t1·ip ullowilnce,, n\w;I. not exceed the totiJI ainou 11t alr-r,ody approved by lhu Minir;try of /\qricullurl, uncl Hw,1! Deveiopmf·)t1I IJPdN the annual or· pcriDdic,.il pl,in:~ for· the pmj(,ct D, lhfi f·HPl{ETATION ANUiOl~ ·1 !U\f\l/11.ATION t:XPL:NSFS ·1. Interpretation: 1 Ordinilry intet-pl'etation: not exr:ecding VN D 70,000/t\our or VND 560,000/day/person for 8 working hoIJt":;. n1c hirinn clur·:Jt!on mLd :1ot exceed 1 O days ,.1 monll1 + Simultaneous interpretation: not exceed VND 150, 000/hou r m VN D 1,200, 000/day/person for 8 working liours. TIie hiring dLffaiion 111ust not exceed 10 days a month. lnterpreter3 on field trips shall additionally enjoy working-trip allowances under the project's regime. 2. Translation expenses 2.1. Translation from foreign languages into Vietnamese: + Maximum level: VND 3/i,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 managernent 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-- WORK!NG-TRlf") Al LOWANCES Travelling expenses: to be paid according to Point 1, Section C-- WORKING-•Tl~iP /\LLOWANCF:S, or c;;1r rents: to he paid according to contractual p8ckago. C1 he visit 8nd survey prr1or::-1ms must be included in the already approved pla11~). F. OVEHSEAS STUDY, !"RAINING AND SURVEY l::XPl:f>JSES /\II overi,nc1s ecurvr:,y ~ll\rl ,·.t:1dy tour~: 11H1st bu approved befmel1and by l,•a,k,11,: nt thl: MinirJry of· Apricultu rn ,ind i { ur;,11 I" li":v,1!11pr11cnt: <11 ·1 .. ICl,1\I : ;r . . 11 I 11· 1. Expenses for tn1 ini tl!J prnyratm,: 1·11e tr,;1i11inq costs (if any) must be :;l1hrnittcd tu the Mittii;try of Ag1•iculturo wid H.ural r·lcNC!lopuirmt for appmv,11 2. Allowancos: The subsistenr,r, allowc1nces, meal, accommo dation and tr,welling expenses .. shall comply wiU1 the FimmcG Ministry':; Circular No.45/1999/TT-BTC of May 4, 1989 and Circular No.108/1999/TT-BTC of Septern ber ti, ·1999 prescri bin~J the working trip allowances for officials and pul.Jlic employees sent on short-term working missions overseas. 3. Financial settlement for ov~rseas working trips: Delegations making survey and study tours overseas under current regulations st1all, within 15 days after returning home, have to complete the financial settlement with the prnj ect offices so that the latter may effect the financial settlement with the managing ministry and the Finance Ministry. In exceptional cases the financial setuement shall be conducted with the ADB. G. EXPENSES FOR OPERATION OF THE DISTRICT-LEVEL PROJECT MANAGE" MENT BOARDS ANO COMMUNE MINI PROJECT EXECUTION TEAMS For disti-icts and communes having mini-project feasibility study reports/commune development plans already approved by competent authorities, tl1e regular operation funding shall be calculated as follows: 1. For clistl'ict projcGt management boards: The worl,intJ trip allowanr.es for district projP.ct manager11ont boards st1all cornply with the spending norms presct"ilx!ci in ~,ection C-- WORl<ING·TF<IP ALLOWANCE: H[GJMF, which, however, must not be paid fm more than 20 ck1y~;/month/bomd . .. Other expc:nses for st:1tionery, o1fice supplies prncurernent, petml .. 1,;t1,~II co111ply witl1 the approved annu:- i\ plum; with cl pad,anc lfM,:I not exceedin!J VND 2,000, 000/1 no 11tl 1/bo,1 rd. 2. Conmw1w 111i11i--111ojod n,c,,1cution tcmn ·111r,• upc1alio11 cx1.,u11•;c:,, ,'J1,1il he) p,1id at c1 p,1ckd\:Jl' level :1u( (:;'(;,:( .,,im1 \/()I 1 ,,,, \:,U')(I/L,:.,nil, 110::t!l. /\ii riXfJl:I 1d ilu1 (-i::; of lilf,) distTict pi-oJ cct 11 wnw,1 en 1c 1·1 l lic1t1rc1'-; ;,nd co1nm1me rnini•pmjc!ct ex(,cuhun t,:;)rns nH 1.•.;t bb fully evidc11ceu by voucher:; mid invoic(-)S ::1ccordir1q to the Slate's stipul,,tions. The operation funding of the di~;t1·ict proJect rnanagenwnt brn.Hd s and t;ornrn u ne ni ini-project execution teams shall be incorporated in the annual total estimates of regular expe11ditu1·e:, made by the provincial project management boards and approved by the Ministry of Agr·iculture and Rural Development. The provincial project management boards shall allocate regular funding directly to the distr•ict project ma rrngement boards amj commune rn in i--proJect execution teams. Basing themselves on th.e above-mentioned spending norms, the project managers should balance the expenditures so that they shall not exceed the approved budget limits and should elaborate more specific regulations for the efflcient use of the said norms, thereby promoting the pmject's ,,ctivities. The project's expenditures arisi rig before the promulgation of this guidance shall be settled according to the provisions of the Finance Ministry's Decision No.112/2001/OD-BTC of November 9, 2001. Should any problems arise in the course of implementation they should be reported to the National Project Administration Board for· timely settlement. For the Minister of AgrictJ/ture and Rural Developmant Vice Minister NGUYEN VAN DANG