Circular No. 192/2011/TT-BTC dated December 26, 2011 of the Ministry of Finance amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 219/2009/TT-BTC of November 19, 2009, prescribing a number of spending norms applicable to official development assistance-funded projects/programs

THE MINISTRY OF FINANCE

Circular No. 192/2011/TT-BTC of December 26, 2011, amending and supplementing a number of articles of the Ministry of Finance’s Circular No. 219/2009/TT-BTC of November 19, 2009, prescribing a number of spending norms applicable to official development assistance-funded projects/programs

Pursuant to the Government’s Decree No. 60/2003/ND-CP of June 6, 2003, detailing and guiding the implementation of the State Budget Law;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on management and use of official development assistance (ODA);

The Ministry of Finance amends and supplements a number of provisions of Circular No. 219/2009/TT-BTC of November 19, 2009, prescribing a number of spending norms applicable to ODA-funded projects/programs, as follows:

Article 1. To amend Clause 2, Article 2 of Circular No. 219/2009/TT-BTC

“Salaries and project management allowances of officers and public employees working on a full-time basis in ODA-funded capital construction project management units (ODA PMUs) set up under decisions of project owners or project-managing agencies comply with the Prime Minister’s Decision No. 198/1999/QD-TTg of September 30, 1999, on salaries of officers and public employees in construction investment project management units, and documents amending, supplementing or replacing this Decision.”

Article 2. To amend and supplement a number of provisions of Article 3 of Circular No. 219/2009/TT-BTC as follows:

1. To supplement Clause 1, Article 3 as follows:

“Officers, civil servants and public employees on the administrative non-business payrolls, when being seconded to work on a full-time or part-time basis in ODA PMUs, will be paid by these PMUs an ODA project management allowance (in addition to the salary and salary-based allowances referred to in Clause 1, Article 2 above), which is at most equal to the salary based on grade or salary-based allowance under the Government’s Decree No. 204/2004/ND-CP of December 14, 2004, on salary regimes applicable to cadres, civil servants and public employees and the armed forces.”

2. To amend Clause 3, Article 3 as follows:

“Officers, civil servants and public employees being members of project steering committees are entitled to an allowance for participation in the project steering committees’ meetings at the maximum level of VND 500,000/member/meeting, depending on the characteristics of each meeting.”

Article 3. To amend and supplement a number of provisions of Article 4 of Circular No. 219/2009/TT-BTC

1. To amend Point a, Clause 1, Article 4 as follows:

“a/ For contractual laborers performing professional jobs in ODA-funded projects (including capital construction projects and administrative non-business projects), salaries shall be paid based on the requirements for each specific position equal to those paid to payroll laborers with corresponding professional qualifications and seniority (already multiplied by an adjustment coefficient, for capital construction projects, or added with an ODA project management allowance, for administrative non-business projects mentioned at Point a, Clause 1, Article 3 above).”

2. To amend Clause 2, Article 4, as follows:

“Social insurance, health insurance and unemployment insurance regimes for contractual laborers comply with current regulations.”

Article 4. To amend and supplement a number of provisions of Article 5 of Circular No. 219/2009/TT-BTC

1. To amend Clause 1, Article 5 as follows:

“1. Translation:

a/ Translation of documents from English or a language of a European Union member country into Vietnamese: Not exceeding VND 120,000/page of 350 words.

b/ Translation of documents from Vietnamese into English or a language of a European Union member country: Not exceeding VND 150,000/page of 350 words.

For other languages, the translation cost may increase up to 30% compared with the level prescribed at Point a or b, Clause 1 above.”

2. To amend and supplement Point b, Clause 2, Article 5 as follows:

“b/ Simultaneous interpretation: Not exceeding VND 400,000/hour/person or no more than VND 3,200,000/hour/person working for 8 hours.”

3. To add Clause 3 to Article 5 as follows:

“In case of necessity to organize big international conferences which need to hire high-level interpreters to assure the conferences’ quality, PMU directors or program/project managers (if no PMU is set up) may agree and decide on the translation or interpretation cost level which must not exceed 150% of the level prescribed in Clause 1 or 2 above, and shall arrange their estimated budgets assigned by competent authorities for implementation.

The above-said translation or interpretation cost level only apply to necessary cases in which ODA PMUs must hire translators or inter-preters, but not to those salaried by ODA PMUs.

In case ODA PMUs cannot arrange persons working as translators or interpreters, but have professional documents or contents which need to be translated or interpreted but meet difficulties in hiring translators or interpreters, heads of project managing agencies or units may decide to assign for their own officers to participate in the translation or interpretation (in addition to their regular jobs); and pay the translation or interpretation cost not exceeding 50% of the level payable to hired translators or interpreters. Heads of agencies or units shall decide on a specific payment level and specify it in their internal spending regulations and at the same time assume the responsibility for assignment of additional tasks to their officers and manage the quality of translation and interpretation, assuring the economicality and efficiency.”

Article 5. To amend and supplement a number of provisions of Article 7 of Circular No. 219/2009/TT-BTC

1. To amend the first and second em rules of Point b, Clause 2, Article 7 as follows:

“- Personnel of organizing committees, delegates and lecturers of conferences, seminars or training courses will enjoy a meal allowance and per diem of no more than VND 150,000/day/person.”

2. To amend Point e, Clause 2, Article 7 as follows:

“e/ Coffee breaks: The organizing committees may make payments according to actually paid expenditures, which must not exceed VND 50,000/person/day at a conference, seminar or training course.”

Article 6. To amend the last paragraph of Clause 2, Article 8 of Circular No. 219/2009/TT-BTC

“The above payment levels will serve as a basis for estimation of the value of consultancy bidding package for bidding organization under the Bidding Law.”

Article 7. Organization of implementation

1. This Circular takes effect on March 1, 2012.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for guidance and coordinated settlement.

3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees shall direct and guide their attached units and ODA projects to implement this Circular.-

For the Minister of Finance
Deputy Minister
TRUONG CHI TRUNG