Joint Circular No. 02/2006/TTLT-BYT-BNV-BTC guiding the implementation of Decision No. 276/2005/QĐ-TTg dated November 1, 2005 of the Prime Minister on the allowance system for occupations for staff at state-owned healthcare facilities.

JOINT CIRCULAR

Guidelines for Implementing Decision No. 276/2005/QD-TTg dated November 1, 2005 of the Government on the allowance system for occupations for officials and staff at state-owned healthcare facilities

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Pursuant to Decision No. 276/2005/QD-TTg dated November 1, 2005 of the Government on the allowance system for occupations for officials and staff at state-owned healthcare facilities, the Ministry of Health, the Ministry of Home Affairs, and the Ministry of Finance provide guidelines for implementing the allowance system for occupations for officials and staff as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.

State-owned healthcare facilities include:

a) Medical examination and treatment facilities;

b) Institutes and centers for technical research in medicine and pharmacy, testing, inspection, certification, and health education communication;

c) Centers under the preventive healthcare system;

d) Emergency transport center 05, regional multi-specialty clinics, maternity homes, commune health stations, urban and rural health stations, and schools;

e) Rehabilitation institutes and centers; convalescent centers for war veterans, disabled veterans, and persons with meritorious service; and state-run social welfare institutions.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Officials and staff who have been assigned salaries according to Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary systems for officials, civil servants, staff, and armed forces personnel (hereinafter referred to as Decree No. 204/2004/ND-CP), within the payroll establishment (including contractual laborers) in state-owned healthcare facilities:

a) Officials and staff directly engaged in medical work (assigned salaries according to staff grades with the first two digits of the grade code being 16 and 13) performing the following tasks:

- Directly examining, treating, caring for, and serving patients;

- Directly conducting laboratory tests for medical work;

- Directly performing diagnostic imaging and functional examination tasks;

- Directly compounding, dispensing: medicines, vaccines, and biological products, chemicals, and culture media at outpatient and inpatient facilities, hospitals, and centers under the preventive healthcare system;

- Directly engaging in disease prevention and control; occupational medicine and environmental hygiene; directing lower-level facilities; health education and promotion;

- Border health quarantine, testing, inspection, and certification;

- Directly conducting technical research in medicine and pharmacy;

- Performing nursing and medical auxiliary work;

- Preserving and guarding corpses and mortuaries;

- Repairing medical equipment; washing, sterilizing medical instruments;

- Raising experimental animals, insects, and plants for medical and pharmaceutical research;

b) Ambulance drivers.

c) Officials and staff engaged in management and support work not directly involved in medical work in specialized departments: HIV/AIDS, leprosy, tuberculosis, pathology, and forensic medicine.

3. Subjects not applicable

a) Officials and staff not directly engaged in medical work (except those specified in point b and point c, Clause 2, Section I).

b) Those working in healthcare facilities under the Ministry of National Defense, the Ministry of Public Security, and confidential agencies.

4. Principles for applying the occupation-based allowance system

a) The subjects specified in Clause 2 of this Section shall not be entitled to occupation-based allowances during the following periods:

- Time spent on overseas assignments, work, or study receiving 40% of their salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/ND-CP;

- Time spent on domestic assignments or study not directly involved in medical work continuously for over three months;

- Time off for personal reasons without pay continuously for one month or more;

- Time off due to illness or maternity leave exceeding the period prescribed in the current Social Insurance Regulations;

- Time suspended from work or from medical duties.

b) Determination of mountainous areas shall be carried out according to the regulations of the Committee for Ethnic Minorities; island areas based on actual geography; and remote and far-flung areas according to the specific characteristics of each locality, guided by the People's Committee of the province after obtaining the consensus of the relevant ministries.

c) In cases where an individual qualifies for multiple levels of occupation-based allowances as prescribed in this Circular, they shall only be entitled to the highest level of occupation-based allowance.

II. SPECIFIC PROVISIONS

1. 50% Allowance Level applicable to officials and staff performing the following tasks:

a) Directly examining, treating, and caring for patients in HIV/AIDS specialty departments, institutes, and hospitals;

b) Specialized in HIV/AIDS testing.

2. 45% Allowance Level applicable to officials and staff directly engaged in medical work at HIV/AIDS prevention and control centers in mountainous, island, and remote areas.

3. 40% Allowance Level applicable to officials and staff directly engaged in medical work at HIV/AIDS prevention and control centers in plains, cities, and towns.

4. 35% Allowance Level applicable to officials and staff performing the following tasks:

a) Directly engaged in medical work at provincial and district preventive healthcare centers, malaria, leprosy, tuberculosis, mental health centers, and commune health stations in mountainous, island, and remote areas;

b) Directly examining, treating, and caring for patients in leprosy, tuberculosis, mental health, emergency resuscitation, intensive care, neonatal, detoxification, radiotherapy departments, centers, institutes, and hospitals;

c) Directly engaged in pathological anatomy and forensic medicine work.

5. 30% Allowance Level applicable to officials and staff performing the following tasks:

a) Directly engaged in medical work at provincial and district preventive healthcare centers, malaria, leprosy, tuberculosis, mental health centers in plains, cities, and towns;

b) Directly examining, treating, and caring for patients in pediatric, burn, infectious diseases, malaria departments, institutes, and hospitals;

c) Directly engaged in medical work at healthcare facilities in districts in mountainous, island, and remote areas;

6. 25% Allowance Level applicable to officials and staff performing the following tasks:

a) Directly engaged in medical work at healthcare facilities in districts and commune health stations in plains;

b) Engaged in medical work in departments and offices responsible for protecting and maintaining the health of senior cadres of the Party and State at central hospitals and provincial hospitals directly under the Ministry of Health and centrally administered municipalities.

7. 20% Allowance Level applicable to officials and staff directly engaged in medical work at central, sectoral, provincial healthcare facilities in plains, cities, and towns and urban and rural health stations, and schools.

8. 15% Allowance Level applicable to:

a) Officials and staff engaged in management and support work not directly involved in medical work at specialized institutes, hospitals, and centers: HIV/AIDS, leprosy, tuberculosis, pathological anatomy, and forensic medicine.

b) Ambulance drivers.

III. METHODS OF CALCULATION AND SOURCES OF FUNDS FOR PAYING THE OCCUPATIONAL ALLOWANCE

1. Calculation Method

a) The level of occupational allowance based on profession is calculated from the current grade salary level plus leadership position allowance (if applicable) and seniority allowance exceeding the ceiling (if applicable). It is determined by the following formula:

Example 1: Mrs. Tran Thi A is the head nurse of the Department of Mental Health Hospital No.2, with a salary coefficient of 4.06, rank 12 of the intermediate nursing grade, receiving a 7% seniority allowance exceeding the ceiling and a leadership position allowance coefficient of 0.4. The occupational allowance for her profession for one month is calculated as follows:

Since Mrs. A has already received a special profession allowance under Decision No. 924/TTg dated December 13, 1996 of the Prime Minister, she will be entitled to receive the occupational allowance for her profession from October 1, 2004, specifically as follows:

- From October 1, 2004 to September 30, 2005 (applying the minimum general salary level of 290,000 VND/month):

- From October 1, 2005 (applying the minimum general salary level of 350,000 VND/month):

Example 2: Mr. Nguyen Van B, a doctor directly involved in treatment work at the pediatric department of a provincial general hospital, has a salary coefficient of 3.33, rank 4 of the doctor grade, and from the date Decision No. 276/2005/QĐ-TTg dated November 1, 2005 of the Prime Minister takes effect, Mr. Nguyen Van B will receive the occupational allowance for his profession for one month as follows:

Mr. Nguyen Van B is subject to a 30% occupational allowance rate for the pediatric department or a 20% rate for provincial hospitals, therefore he will receive the highest occupational allowance rate of 30%:

b) The occupational allowance based on profession is paid together with the monthly salary period.

c) The occupational allowance based on profession is not used to calculate contributions or benefits under social insurance and health insurance schemes.

2. Sources of funding

The source of funding for the occupational allowance based on profession for cadres and civil servants in the healthcare sector is allocated within the annual state budget plan assigned to the healthcare sector according to the分级制度，我将停止进一步的具体化描述。

For the years 2004, 2005, and 2006, in cases where Ministries, sectors, and localities have used the savings from 10% of regular expenditures and lawful revenue sources as prescribed to implement salary reform (including job preference allowances) pursuant to Circular No. 02/2005/TT-BTC dated January 6, 2005, and Circular No. 89/2005/TT-BTC dated October 13, 2005, issued by the Ministry of Finance, if there remains a shortfall, it shall be supplemented outside the budget for health service expenses for Ministries, sectors, and localities according to the classification under the State Budget Law.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 363/TT-LT dated August 7, 1997, jointly issued by the Government's Organizational and Cadre Affairs Committee (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Health guiding the implementation of Decision No. 924/TTg dated December 13, 1996, of the Prime Minister regarding the supplementation of special job allowances for civil servants and employees in the healthcare sector, and Clause 2, Section I of Joint Circular No. 80/2001/TTLT-BTCCBCP-BTC-BYT dated December 5, 2001, jointly issued by the Government's Organizational and Cadre Affairs Committee (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Health guiding the implementation of Decision No. 97/2001/QĐ-TTg dated June 26, 2001, of the Prime Minister regarding the supplementation of allowances for civil servants and employees in the healthcare sector.

2. The subjects who have already received special job allowances according to Circular No. 363/TT-LT dated August 7, 1997, and Clause 2, Section I of Joint Circular No. 80/2001/TTLT-BTCCBCP-BTC-BYT dated December 5, 2001, jointly issued by the Government's Organizational and Cadre Affairs Committee (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Health, shall enjoy the job preference allowance system prescribed in this Circular starting from October 1, 2004.

3. The remaining subjects (excluding those specified in Clause 2 of this Section) shall enjoy the job preference allowance system prescribed in this Circular starting from the date when Decision No. 276/2005/QĐ-TTg dated November 1, 2005, of the Prime Minister comes into effect (November 22, 2005).

4. Civil servants and employees enjoying the job preference allowance level prescribed in Decision No. 313/2005/QĐ-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 institutions shall not enjoy the job preference allowance level prescribed in this Circular.

5. Healthcare facilities not within the scope of application of this Circular shall base their application of the job preference allowance system prescribed in this Circular for direct medical staff under their management on lawful revenue sources and the unit's wage regulations.

6. During the implementation process, if there are any difficulties, Ministries, sectors, and localities shall report them to the relevant ministries for research and resolution./.