On the Ministry of Finance's Electronic Information Portal, a reader reflected difficulties related to the payment of salaries and business trip expenses for officials assigned from public non-business units to work at state management agencies.
According to feedback, due to the shortage of staff, the state management agency where readers work is using some public employees of affiliated non-business units (subordinate units).
From this reality, readers raise two issues that need to be clarified. First, which unit pays the salaries of assigned officials?
Readers quoted Clause 4, Article 36 of the Law on Civil Servants 2010 stipulating: "During the assignment period, the non-business unit assigning the assigned civil servant is responsible for ensuring salaries and other rights of the civil servant".
The second issue is how are working expenses and regular activities implemented? Readers also quoted Clause 3, Article 27 of Decree No. 115/2020/ND-CP stipulating that appointed officials are assigned to be assigned, arranged, evaluated and inspected for the performance of tasks of agencies, organizations, and units where they are assigned to work.
In addition, Clause 6, Article 3 of Circular No. 40/2017/TT-BTC of the Ministry of Finance on the regime of business trip expenses and the regime of conference expenses stipulates that agencies and units sending people on business trips are responsible for paying business trip expenses to those sent on business trips.
From the above regulations, readers believe that it can be understood that when a deployed official is sent on business trips by the agency they are using, this unit is responsible for paying business trip expenses.
Regarding the above content, the Ministry of Finance said that the implementation of regulations on ensuring salaries and other rights of assigned public employees is carried out in accordance with the Law on Public Employees of 2010 and relevant guiding documents.
Specifically, Clause 4, Article 36 of the Law on Civil Servants 2010 stipulates: "During the deployment period, public non-business units assigning deployed civil servants are responsible for ensuring salaries and other benefits of civil servants".
At the same time, Clause 6, Article 27 of Decree No. 115/2020/ND-CP on recruitment, use and management of public employees, amended and supplemented in Clause 15, Article 1 of Decree No. 85/2023/ND-CP, stipulates:
Deployed officials enjoy the benefits specified in Clauses 4, 5 and 6, Article 36 of the Law on Public Employees. In case the agency, organization, or unit where they are assigned to be deployed has special regimes and policies, in addition to salaries and other benefits paid by the agency or unit that assigns the deployed official, officials also enjoy special regimes and policies paid by the agency, organization, or unit where they receive the deployment".
On that basis, the Ministry of Finance requests units to base on current regulations to implement the payment of salaries to assigned officials in accordance with regulations.
Regarding the travel expenses regime, the Ministry of Finance proposes to implement it according to Clause 6, Article 3 of Circular No. 40/2017/TT-BTC: "AGENCIES and units that send people on business trips are responsible for paying travel expenses to people on business trips, except for cases specified in Clause 4 of this Article".
Regarding the cost norms for regular budget expenditure allocation, the Ministry of Finance cited Clause 2, Article 4 of Decision No. 30/QD-TTg, which stipulates that regular budget expenditure allocation norms are used to determine total regular expenditure according to Resolution No. 01/2021/UBTVQH15 and the regulations attached to this decision.
Based on the financial and budget capacity and actual characteristics of the locality, the People's Committees of provinces and centrally-run cities submit to the Provincial People's Councils for promulgation principles, criteria and norms for allocating local budget expenditures in accordance with each level of government and each expenditure sector according to the provisions of the State Budget Law.
According to the Ministry of Finance, the recurrent expenditure estimates of units are assigned based on the principles, criteria and norms for allocating local budget expenditures decided by the Provincial People's Council, along with the criteria and number of staff assigned by competent authorities, ensuring compliance with the regulations in Decision No. 30/QD-TTg.
