Circular No. 02/2006/TT-BLDTBXH guiding the implementation of Decision No. 313/2005/QD-TTg dated December 2, 2005 of the Prime Minister on certain benefits for people infected with HIV/AIDS and those directly managing, treating, and caring for such individuals in state social welfare institutions.

CIRCULAR

Guidelines for Implementing Decision No. 313/2005/QD-TTg dated December 2, 2005 of the Prime Minister on Certain Benefits for People Infected with HIV/AIDS and Those Directly Managing, Treating, and Caring for People Infected with HIV/AIDS in State Social Welfare Facilities

Pursuant to Decision No. 313/2005/QD-TTg dated December 2, 2005 of the Prime Minister on Certain Benefits for People Infected with HIV/AIDS and Those Directly Managing, Treating, and Caring for People Infected with HIV/AIDS in State Social Welfare Facilities; the Ministry of Labour, Invalids and Social Affairs hereby provides guidelines for implementing this Decision as follows:

I- APPLICABLE OBJECTS

The objects entitled to the allowances and subsidies stipulated in Article 1 of Decision No. 313/2005/QD-TTg dated December 2, 2005 of the Prime Minister (hereinafter referred to collectively as Decision No. 313/2005/QD-TTg) include:

1- People infected with HIV/AIDS who are no longer capable of working, have no income sources, and no place to rely on, and voluntarily enter to live at state social welfare facilities. People currently living at state social welfare facilities who are found to be infected with HIV/AIDS.

2- Children infected with HIV/AIDS being raised at state social welfare facilities.

3- People infected with HIV/AIDS living in the community, managed by communes or wards, who are no longer capable of working, have no income sources, and belong to poor households according to Decision No. 170/2005/QD-TTg dated July 8, 2005 of the Prime Minister on issuing poverty standards applicable from 2006 to 2010.

4- Civil servants and employees working in state social welfare facilities directly performing tasks managing, treating, and caring for people infected with HIV/AIDS exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks.

5- Medical staff directly conducting examinations, treatments, and care for people infected with HIV/AIDS in state social welfare facilities.

II- ALLOWANCES AND SUBSIDIES

1- Living allowance for centralized care at state social welfare facilities shall be no less than 140,000 VND/person/month and other allowances and support as specified in points b and c, Clause 1, Article 2 of Decision No. 313/2005/QD-TTg.

2- Living allowance for children being raised at state social welfare facilities shall be no less than 210,000 VND/child/month and other allowances and support as specified in points b and c, Clause 1, Article 2 of Decision No. 313/2005/QD-TTg.

3- Regular social assistance allowance for people infected with HIV/AIDS managed by communes, wards, or towns shall be no less than 65,000 VND/person/month.

The Chairman of the Provincial People's Committee may adjust the levels of allowances specified in points 1, 2, and 3 above but they must not be lower than those set forth in this Circular.

4- Calculation method for allowances for the objects specified in Clause 5, Article 1 of Decision No. 313/2005/QD-TTg is as follows:

Example: Mr. Nguyen Van A, Head of Social Facility Department B, has a salary grade coefficient of 4.98 at grade 9 of the A1 category (according to the salary table for professional and technical staff in public institutions issued together with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government), receives an 8% seniority allowance exceeding the ceiling and a leadership position allowance coefficient of 0.30. The allowance calculation for Mr. A for one month is as follows:

Allowance amount = 350,000 x [4.98 + 0.30 + (4.98 x 8%) x 50%] = 993,720 VND

+ This allowance is calculated and paid together with monthly salary.

+ This allowance is not used to calculate contributions or benefits under social insurance.

+ This allowance can only be received when performing direct examination, treatment, and care work for people infected with HIV/AIDS in state social welfare facilities and cannot be claimed during the following periods:

- Time spent on overseas assignments, work, or study receiving 40% of salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/ND-CP dated December 14, 2004 on salary regulations for civil servants, public officials, and armed forces personnel.

- Time spent on domestic assignments, study, or training not directly examining, treating, or caring for people infected with HIV/AIDS continuously for three months or more.

- Time off without pay continuously for one month or more.

- Time off for illness or maternity leave exceeding the period prescribed in the current Social Insurance Regulations.

- Time suspended from work or suspended from medical practice.

III- IMPLEMENTATION ORGANIZATION

1- Objects specified in points 1, 2, and 3 of Section I of this Circular must have a conclusion on HIV infection issued by a competent health authority (as stipulated in Decision No. 3052/2000/QD-BYT dated August 29, 2000 of the Minister of Health on issuing standards for laboratories authorized to confirm HIV-positive cases).

For objects infected with HIV/AIDS who are no longer capable of working, have no income sources, and no place to rely on, and voluntarily enter to live at state social welfare facilities, either the individual or their relatives must submit a voluntary application to reside in a state social welfare facility.

The process for reviewing and granting regular social assistance allowances for people infected with HIV/AIDS in the community managed by communes or wards and accepting them into state social welfare facilities shall be carried out in accordance with Circular No. 18/2000/TT-LDTBXH dated July 28, 2000 of the Ministry of Labour, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies and Circular No. 16/2004/TT-LDTBXH dated November 12, 2004 of the Ministry of Labour, Invalids and Social Affairs guiding the implementation of Decree No. 168/2004/NĐ-CP dated September 20, 2004 of the Government amending and supplementing certain provisions of Decree No. 07/2000/NĐ-CP dated March 9, 2000 of the Government on social assistance policies.

2- State employees working at state social welfare facilities who directly perform tasks managing, regulating, and caring for individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents as stipulated in Point 4, Section I of this Circular shall submit a request for benefits for those exposed to HIV or infected with HIV/AIDS due to occupational accidents to the Director of the Social Welfare Facility.

The conditions for determination and the dossier, procedures for the authority to issue certificates of exposure to HIV or infection with HIV/AIDS due to occupational accidents shall be carried out according to Sections II and III of Circular No. 09/2005/TT-BYT dated March 28, 2005, guiding the conditions for determining individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents.

3- Annually, the Directors of social welfare facilities shall prepare a list of state employees performing the tasks specified in Clause 4 and Clause 5 of Article 1 of the aforementioned Decision to be reviewed and implemented by the direct supervisory agency regarding the allowance and additional pay stipulated in Clause 4 and Clause 5 of Article 2 of Decision No. 313/2005/QĐ-TTg.

IV- IMPLEMENTATION PROVISIONS

1- This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2- In the course of implementation, if there are any difficulties, please report them to the Ministry of Labor - Invalids and Social Affairs for study and resolution./.