Circular No. 02/2004/TT-BLDTBXH of the Ministry of Labor - War Invalids and Social Affairs guiding the ranking of medical facilities according to the Administrative Violation Handling Ordinance

CIRCULAR

Issued by the Ministry of Labor, Invalids and Social Affairs Decision No. 02/2004/TT-LDTBXH dated February 17, 2004 guiding the ranking of medical facilities under the Administrative Violation Handling Ordinance.

Pursuant to Decree No. 25/CP dated May 23, 1993 of the Government on the temporary regulations for the new salary system for civil servants, administrative and public service officials, and armed forces personnel; Circular No. 11/LB-TT dated June 2, 1993 of the Joint Ministries of Labor - Invalids and Social Affairs - Civil Service Administration - Government Office (now the Ministry of Home Affairs) - Ministry of Finance guiding the implementation of allowances for leadership positions appointed in the administrative and public service sectors; Circular No. 05/2002/TTLT-BLDTBXH-BTC dated February 6, 2002 guiding the functions, tasks, organizational structure, and personnel of local medical facilities. After reaching consensus with the Ministry of Home Affairs through Official Letter No. 226/BNV-TCCB dated February 6, 2004 and the Ministry of Finance through Official Letter No. 11505/TC-HCSN dated November 3, 2003, the Ministry of Labor, Invalids and Social Affairs guides the ranking of medical facilities established under the Administrative Violation Handling Ordinance as follows:

I. SCOPE OF APPLICATION

1. Medical facilities established under the Administrative Violation Handling Ordinance within the Labor - Invalids and Social Affairs sector of provinces and centrally governed cities (referred to as Educational and Social Labor Centers).

2. Other drug rehabilitation facilities shall not apply the provisions of this Circular.

II. PRINCIPLES OF RANKING

1. The criteria for ranking Educational and Social Labor Centers (referred to as Centers) are based on four groups of indicators:

2. The rank of Centers is determined from Rank I to Rank III. Centers that have been ranked must be reviewed by the competent authority responsible for ranking after three years (36 months) from the date of the ranking decision. Centers may also request a review of their rank. Centers scoring below 40 points will not be ranked and must develop a restructuring plan.

3. Leaders of Centers at each rank shall enjoy the corresponding leadership position allowance as stipulated in Point 3, Section IV of this Circular.

During the period awaiting restructuring plans, newly established Centers that do not meet the ranking criteria shall temporarily receive the leadership position allowance equivalent to that of the Director of a Center ranked III.

III. CRITERIA AND STANDARDS FOR RANKING

A. RANKING CRITERIA

1. Group I indicators concerning the complexity of management are qualitative indicators (Table 1a in Appendix 1), including:

a) Management of subjects:

Centers manage, treat, rehabilitate, and restore health for individuals addicted to drugs or prostitution; those addicted to both drugs and prostitution; and those addicted to drugs and prostitution infected with HIV/AIDS (hereinafter referred to collectively as subjects) at the facility.

b) Organizing education and behavioral training, including:

- Organizing regular classes throughout the year, including literacy, cultural education, legal education, moral education, psychological, and character development for subjects. These classes are organized and conducted regularly throughout the year.

- Organizing counseling activities: during treatment, rehabilitation, and health restoration for subjects in groups, individually, or for families and communities, forming a counseling network within the Center or in the community.

- Completing educational programs and curricula: following non-formal education methods, ensuring literacy, cultural, moral, and legal education programs.

- Issuing certificates and diplomas: coordinating with formal and non-formal educational institutions to provide conditions for subjects to complete the prescribed curriculum and take examinations for non-formal education certificates or formal education diplomas.

c) Organizing vocational training and job creation, including:

- Organizing vocational training: coordinating with vocational training institutions or organizing short-term or long-term courses (if available) for eligible subjects. Centers have dedicated departments or staff, locations, equipment, and content included in annual plans and programs.

- Linking vocational training with production work: organizing vocational training linked to production work, creating jobs, and ensuring regular vocational training consistent with subject turnover at the center.

- Completing vocational training programs and materials: organizing or collaborating to compile theoretical teaching materials and skill training with appropriate content and methods aligned with the program, textbooks, objectives, and content of the trades offered at the Center..

- Issuing vocational training certificates or diplomas: coordinating with vocational training institutions to issue vocational training certificates or graduation diplomas for eligible subjects.

d) Organizing therapeutic labor and productive labor, including:

- Organizing therapeutic labor and productive labor: having a specialized department to organize therapeutic labor activities suitable for age, health, gender, level, and profession of each individual; having workshops, land, equipment, and investment capital for productive labor and services.

- Organizing joint ventures and partnerships: with economic organizations, enterprises (including foreign entities), providing capital, technology, labor, or implementing programs and projects to generate income and improve living standards for staff and subjects.

- Economic accounting: in service provision and productive labor activities; preserving capital (including self-owned and borrowed capital) and enhancing efficiency in productive labor activities.

- Job placement: for subjects after completing treatment, rehabilitation, and health restoration at the Center.

e) Cooperating with relevant agencies to support Center management, including:

- Health authorities: regularly cooperating with local health facilities on professional and technical matters to ensure supportive healthcare, treatment, emergency care, and disease prevention activities to enhance treatment, rehabilitation, and recovery outcomes at the Center.

- Local authorities: Coordinate with public security agencies, military units (if available), and local authorities to ensure social order and safety, prevent fires, firefighting, combat drug smuggling, escape of individuals, and other related issues.

- Local sectoral bodies and mass organizations: Coordinate with the Fatherland Front, Veterans Association, Women's Union, Youth Union to manage and educate individuals within the Center and in the community.

- Other agencies: In addition to coordinating with the aforementioned agencies and organizations, the Center also collaborates with economic organizations and businesses to enhance vocational training and job creation for individuals.

2. Group II targets regarding scale, infrastructure, and equipment are quantitative indicators ensuring conditions for performing tasks and maintaining the Center’s operations (Table 1b, Appendix 1), including:

a) Capacity to accept individuals (for both types of individuals) according to design.

b) Infrastructure investment:

- Managed land area: includes the total land area granted usage rights by the Provincial People's Committee or the Municipal People's Committee directly under the central government (including both utilized and unutilized areas).

- Building and workshop area: includes the area of buildings with roofs such as office buildings, housing for individuals, clubs, classrooms, production workshops; building area is calculated based on construction area (if it is a high-rise building, the total area of all floors is counted).

- Area of other structures: includes structures without roofs such as playgrounds, flower beds, outdoor water tanks.

c) Current fixed asset value:

- Remaining asset value: the current total value of basic construction items: buildings, workshops, electrical and water systems.

- Office equipment and facilities for daily living: the current total value of office equipment and facilities for daily living.

- Medical equipment: the current total value of medical equipment.

- Vocational training and production equipment: the current total value of vocational training and production equipment.

3. Group III targets regarding results and effectiveness of activities are indicators assessing the outcomes and effectiveness of management activities at the Center (Table 1c, Appendix 1), including:

a) Number of individuals accepted in one year: including voluntary individuals (if any).

b) Proportion of individuals present regularly based on capacity: calculated as the average number of individuals present throughout the year or the average number present at mid-year divided by the number present at year-end, then divided by target a of Group II.

c) Individuals receiving treatment and health recovery: includes the number of individuals treated, detoxified, and restored to health during the year.

d) Individuals receiving education and training: the number of individuals educated and trained during the year, with a minimum duration according to non-formal education programs.

đ) Proportion of individuals receiving vocational training and engaging in production work based on the number of individuals accepted: calculated as the number of individuals receiving vocational training and engaging in production work divided by target a of Group III.

e) Production and business results: total revenue from selling products and services, minus costs (raw materials, fuel, energy, depreciation of fixed assets, transportation, and service fees).

g) Number of individuals per staff member: calculated as target a of Group III divided by the total number of staff members of the Center (including permanent, long-term, short-term contracts, and seconded personnel).

h) Investment amount per individual: total funding for the Center's activities in a year, including annual upgrades and repairs, living expenses and medical care for individuals, salaries for staff, educational, vocational training, and propaganda activities, divided by target a of Group III.

4. Group IV targets regarding the professional qualifications of staff are indicators ensuring the capability to manage the Center's operations (Table 1d, Appendix 1), including:

a) Leaders with secondary and university degrees among the total number of leaders from the director to departments and units within the Center's organizational structure.

b) Staff with appropriate professional and technical qualifications for their jobs among the total number of staff (excluding leadership positions).

B. RATING STANDARDS

1. Rating standard table.

Based on the level of task performance, organizational structure, personnel, and relevant data of the previous year's indicator values when requesting ranking; based on the indicators and groups of indicators in Appendix 1 issued together with this Circular, the Center calculates the value of each achieved indicator at the time of evaluation for ranking.

2. Calculation method for points of indicators within the minimum and maximum point range (Groups II and III) of the rating standards, using the following formula:

Gct - Gmin

Dct = [------------------- x (Dmax - Dmin)] + Dmin

Gmax - Gmin

Where:

Dct - points for the indicator that the Center receives.

Gct - value of the indicator for calculating points of the Center.

Gmin - minimum value of the indicator for scoring in the rating standards.

Gmax - maximum value of the indicator for scoring in the rating standards.

Dmax - maximum points for the indicator for scoring in the rating standards.

Dmin - minimum points for the indicator for scoring in the rating standards.

Example: Center A has a capacity to accept (design capacity) of 300 individuals. Therefore, the points for the capacity acceptance indicator of Center A are:

300-100 200

DctA = [ ---------- x (5 - 2)] + 2 = [ --------- x 3] + 2= 1.5 + 2 = 3.5 (points)

500-100 400

3. The following cases will be awarded additional points:

- For Centers accepting more than 1000 individuals/year, the additional points will be calculated from the 1001st individual onwards: every additional 500 individuals will earn 1 point.

Example: Center A accepts 2000 individuals/year, thus in addition to the points earned for this indicator, Center A will receive an additional 2 points.

- For centers accepting more than 25 individuals/staff member/year, the additional points will be awarded for every additional 10 individuals/staff member/year.

4. Indicators that the Center does not have or does not implement shall not be scored.

5. The total score for each Center based on the achieved indicators in each group of indicators is evaluated and ranked from Class I to Class III as follows:

IV. MANAGEMENT OF CENTER RANKING

1During the management of the Center's activities, when there are significant changes such as narrowing or expanding functions, tasks, scale, physical facilities, and equipment, the Center shall prepare a file for ranking, including:

- A letter requesting ranking from the Center.

- A scoring table according to the criteria and groups of criteria of the Center (Annex 2 attached) and related documentation proving the values of the criteria and groups of criteria.

2. The Director of the Department of Labor - Invalids and Social Affairs shall receive the file and take the lead in coordinating with the Director of the Department of Civil Service to appraise the values of the criteria and groups of criteria, and submit them to the Chairman of the People's Committee of the province or centrally governed city for consideration and decision on ranking for the Centers.

3. Based on the ranking decision, the Director of the Department of Labor - Invalids and Social Affairs shall decide on the position allowance for the Director and Deputy Directors of the Center; the Director of the Center shall decide on the position allowance for the Heads and Deputy Heads of Departments of the Center according to the following table:

V. IMPLEMENTATION

1. On the basis of the criteria and standards stipulated in this Circular, the Director of the Department of Labor - Invalids and Social Affairs shall guide the Centers to compile, analyze, and evaluate the ranking criteria, and submit them to the People's Committee of the province or centrally governed city for consideration and decision.

2. This Circular takes effect fifteen days after its publication in the Official Gazette.

Any difficulties encountered during implementation should be reported to the Ministry of Labor - Invalids and Social Affairs for study and resolution.