Joint Circular No. 02/2012/TTLT-BYT-BNV-BTC guiding the implementation of Decree No. 56/2011/NĐ-CP dated July 4, 2011 of the Government on the allowance system for occupational incentives for civil servants and employees working at public health facilities.

JOINT CIRCULAR

Guidelines for implementing Decree No. 56/2011/NĐ-CP dated July 4, 2011 of the Government on the allowance system for occupations for civil servants and public officials working at public health facilities

concerning the allowance system for occupations for civil servants and public officials working at public health facilities

___________________________________

 

Pursuant to Decree No. 56/2011/NĐ-CP dated July 4, 2011 of the Government on the allowance system for occupations for civil servants and public officials working at public health facilities;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Health, the Ministry of Home Affairs, and the Ministry of Finance provide guidelines for implementing the allowance system for occupations for civil servants and public officials working at public health facilities as follows:

Article 1. Scope of Regulation

1. These joint circulars guide the implementation of the allowance system for occupations for civil servants and public officials working at public health facilities as stipulated in Decree No. 56/2011/NĐ-CP dated July 4, 2011 of the Government.

2. Public health facilities within the scope of regulation of this circular include:

a) Public service units operating in the following fields: preventive healthcare; medical examination and treatment; rehabilitation; forensic medicine, legal medicine, forensic psychiatry; traditional medicine; pharmaceuticals, cosmetics; food safety, nutrition; reproductive health care; sexually transmitted disease prevention; medical equipment; health education communication; population and family planning;

b) Commune, ward, and town health stations;

c) State-run convalescent homes for war invalids, disabled veterans, and severely disabled individuals.

3. Public health facilities under the armed forces are not within the scope of regulation of these joint circulars.

Article 2. Applicability

Civil servants and public officials who have been assigned salaries according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and the armed forces (hereinafter referred to as Decree No. 204/2004/NĐ-CP, belonging to the payroll establishment (including contractual laborers) in public health facilities:

1. Civil servants and public officials regularly and directly engaged in medical work (assigned salaries according to job grades with the first two digits of the grade code being 16 or 13) to perform the following tasks:

a) Medical examination, treatment, patient care, and rehabilitation services;

b) Laboratory testing for medical purposes;

c) Diagnostic imaging, functional diagnostics, nuclear medicine, radiotherapy;

d) Pathological diagnosis;

đ) Prevention of infectious diseases, border health quarantine;

e) Disease control, sexually transmitted disease prevention, occupational health and environmental hygiene;

g) Infection control, biosafety; nursing, medical support;

h) Testing, inspection, and forensic evaluation;

i) Compounding, preparation, storage, distribution of medicines, vaccines, chemicals, culture media at medical facilities;

k) Research in medicine and pharmacy; technical guidance for medical specialties;

l) Food safety and nutritional management;

m) Population and family planning specialty;

n) Mortuary care and maintenance;

2. Civil servants and public officials directly engaged in medical work (without the first two digits of the grade code being 16 or 13), currently performing the following tasks:

a) Operation and maintenance of medical equipment;

b) Rearing and cultivation of experimental animals, plants, insects for medical research;

c) Engaged in medical work to carry out health education communication tasks.

3. Civil servants and public officials engaged in management and service work not directly involved in medical work at institutions, hospitals, centers specializing in HIV/AIDS, leprosy, tuberculosis, mental health, pathological diagnosis, and forensic medicine.

Article 3. Periods not eligible for medical profession allowance

1. Time spent working, studying abroad on official business and receiving 40% of salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP;

2. Continuous time spent studying within the country for more than three months without directly performing assigned medical tasks for civil servants and public officials;

3. Continuous time off without pay for one month or longer;

4. Time off with social insurance benefits as prescribed by laws on social insurance;

5. Time under detention, arrest, suspension from work, or suspension from performing medical tasks for one month or longer.

6. Continuous time spent on official duties or work assignments not directly related to medical tasks for one month or longer as directed by authorized agencies.

Article 4. Rates of Allowance

1. The rate of 70% shall apply to civil servants and public officials who regularly and directly perform the tasks specified in Clause 1, Article 3 of Decree No. 56/2011/NĐ-CP.

2. The rate of 60% shall apply to civil servants and public officials who regularly and directly perform the tasks specified in Clause 2, Article 3 of Decree No. 56/2011/NĐ-CP.

3. The rate of 50% shall apply to civil servants and public officials who regularly and directly perform the tasks specified in Clause 3, Article 3 of Decree No. 56/2011/NĐ-CP.

4. The rate of 40% shall apply to civil servants and public officials (including health professionals at commune, ward, and town health stations) who regularly and directly perform the tasks specified in Clause 4, Article 3 of Decree No. 56/2011/NĐ-CP.

5. The rate of 30% shall apply to the following civil servants and public officials:

a) Civil servants and public officials who regularly and directly perform health-related tasks for health education and communication activities as specified in point a, Clause 5, Article 3 of Decree No. 56/2011/NĐ-CP;

b) Civil servants and public officials who regularly and directly perform health-related tasks concerning population and family planning as specified in point a, Clause 5, Article 3 of Decree No. 56/2011/NĐ-CP (including those working in these areas at communes, wards, and towns);

c) Civil servants and public officials managing and serving in institutions, hospitals, centers specializing in HIV/AIDS, leprosy, tuberculosis, psychiatry, pathology, forensic medicine, as specified in point b, Clause 5, Article 3 of Decree No. 56/2011/NĐ-CP.

6. For civil servants and public officials not directly involved in medical tasks; health officials engaged in management and service roles at public health institutions (excluding those specified in point c, Clause 5 of this Article); and public officials engaged in medical tasks at agencies, units, and schools, the heads of units shall base their decisions on the specific nature of the work and revenue sources to determine the application of the allowance rates as specified in Clause 6, Article 3 of Decree No. 56/2011/NĐ-CP.

Article 5. Calculation Method and Source of Funds for Medical Profession Allowance

1. Calculation Method

a) The amount of the medical profession allowance is calculated based on the current grade and rank salary plus leadership position allowances and seniority allowances exceeding the standard (if applicable), determined by the following formula:

Example: Ms. Tran Thi A, head nurse of the Department of Mental Health Hospital No. 2, currently receives a mid-level nursing grade salary with code 16b.121, rank 12, salary coefficient 4.06, and 7% seniority allowance exceeding the standard, and leadership position allowance coefficient 0.4. Ms. A's medical profession allowance for September 2011 is as follows:

b) The medical profession allowance is paid concurrently with monthly salaries.

c) The medical profession allowance is not used to calculate contributions or benefits under social insurance or health insurance schemes.

2. Sources of funding

a) The source of funds for implementing the allowance system as stipulated in this Circular is guaranteed by the state budget according to the current budget allocation levels and income from healthcare activities of the institution as prescribed;

b) Specifically for the year 2011, additional funding to implement the allowance system as stipulated in this Circular will be handled as follows:

- For provinces and centrally-administered cities, it will be consolidated into the salary reform needs and processed from the salary reform fund according to regulations, specifically as follows:

+ Public health institutions directly paying salaries to civil servants and public officials are responsible for preparing reports on the increased allowance payment needs for 2011 according to Table 1 attached to this Circular and submitting them to the higher-level management agency according to the current budget allocation levels (hereinafter referred to as the higher-level management agency).

+ The higher-level management agency reviews and consolidates the increased allowance payment needs of the public health institutions under its management according to Table 2 attached to this Circular and submits them to the finance department at the same level.

+ The finance department is responsible for reviewing and consolidating the increased allowance payment needs according to Tables 2 and 3 attached to this Circular and reporting to the provincial or centrally-administered city People's Committee for decision-making.

+ The provincial or centrally-administered city People's Committee consolidates and prepares reports according to Table 3 and submits them to the Ministry of Finance for review and resolution according to regulations.

- For Ministries, ministerial-level agencies, and government agencies:

+ Public health institutions directly paying salaries to civil servants and public officials are responsible for preparing reports on the increased allowance payment needs and sources for 2011 according to Tables 4 and 5 attached to this Circular and submitting them to the higher-level management agency according to the current budget allocation levels.

+ The higher-level management agency reviews and consolidates the increased allowance payment needs and sources according to Tables 6 and 7 attached to this Circular and submits them to the higher-level management agency up to the Ministry, ministerial-level agency, or government agency.

The ministries, ministerial-level agencies, and agencies under the Government shall be responsible for examining, compiling, and preparing reports according to Tables 6 and 7 issued together with this Circular to be submitted to the Ministry of Finance for consideration and resolution in accordance with the regulations.

Article 6. Principles of Application

1. In cases where medical civil servants and medical officials belong to different categories eligible for various levels of job-related allowances, they shall receive the highest level of job-related allowance.

2. Civil servants and officials who have already received job-related allowances as stipulated in Joint Circular No. 06/2010/TTLT-BYT-BNV-BTC dated March 22, 2010, issued by the Ministry of Health, the Ministry of Home Affairs, and the Ministry of Finance guiding the implementation of Decree No. 64/2009/NĐ-CP dated July 30, 2009, of the Government on policies for health workers serving in areas with particularly difficult economic and social conditions, shall not receive job-related allowances as stipulated in this Joint Circular.

Article 7. Implementation Provisions

1. This Joint Circular shall take effect from March 5, 2012.

2. The job-related allowances prescribed in this Joint Circular shall be calculated from August 19, 2011. Specifically, for August 2011, it is provided as follows:

a) The job-related allowances prescribed in Joint Circular No. 02/2006/TTLT-BYT-BNV-BTC dated January 23, 2006, issued by the Ministry of Health, the Ministry of Home Affairs, and the Ministry of Finance guiding the implementation of Decision No. 276/2005/QĐ-TTg dated November 1, 2005, of the Prime Minister regarding job-related allowances for health workers employed at state-owned healthcare facilities, shall be calculated at two-thirds of the allowance amount for that month.

b) The job-related allowances prescribed in this Joint Circular shall be calculated at one-third of the allowance amount for that month.

3. To abolish Joint Circular No. 02/2006/TTLT-BYT-BNV-BTC dated January 23, 2006, jointly issued by the Ministry of Health, the Ministry of Home Affairs, and the Ministry of Finance guiding the implementation of Decision No. 276/2005/QĐ-TTg dated November 1, 2005, of the Prime Minister regarding job-related allowances for health workers employed at state-owned healthcare facilities.

4. During the implementation process, if there are any difficulties, the relevant ministries, sectors, localities, and units shall report them to the joint ministries for study and resolution./.