Circular No. 03/2025/TT-BCA stipulates the convalescence and health recovery regime for the People's Public Security

CIRCULAR

Regulations on Convalescence and Health Recovery for People's Public Security Officers

Pursuant to the Social Insurance Law dated November 20, 2014;

Pursuant to the Labor Safety Law dated June 25, 2015;

Pursuant to the People's Public Security Officers Law dated November 20, 2018 and the Law Amending and Supplementing Certain Provisions of the People's Public Security Officers Law dated June 22, 2023;

Pursuant to the Preferential Treatment Ordinance for Those Contributing to the Revolution dated December 9, 2020;

Pursuant to Decree No. 33/2016/NĐ-CP dated May 10, 2016 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding mandatory social insurance for military personnel, public security officers, and civil servants with equivalent pay to military personnel;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 01/2021/NĐ-CP dated October 21, 2021 of the Government stipulating standards and material support quotas for the People's Public Security Officers;

Upon the proposal of the Director of the Health Bureau;

The Minister of Public Security issues this Circular regulating convalescence and health recovery for People's Public Security Officers.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the subjects, principles; cases eligible and ineligible for convalescence and health recovery benefits; duration, forms, benefits, and content of expenses for convalescence and health recovery; means of transportation; authorities, procedures, formalities, and files for applying for convalescence and health recovery benefits; funding for implementation and responsibilities of agencies and organizations related to the implementation of convalescence and health recovery for People's Public Security Officers.

Article 2. Applicability

1. Officers, non-commissioned officers, conscripted soldiers of the Public Security; public security workers, contractual employees receiving salary from the state budget; cadres temporarily recruited; students and pupils of the Public Security receiving living allowances; those contributing to the revolution currently working in the Public Security force (hereinafter collectively referred to as cadres and soldiers).

2. Convalescent facilities assigned to organize convalescence, care, and health recovery for cadres and soldiers.

3. Medical examination and treatment facilities within the Public Security system.

4. Units under the Ministry; Public Security of provinces and centrally-administered cities (hereinafter collectively referred to as Public Security units and localities).

Article 3. Explanation of Terms

The convalescence and health recovery regime for People's Public Security Officers is a rest, nutrition, exercise, medical care, and other measures prescribed by medical staff to restore and improve the health of cadres and soldiers after working in arduous, toxic, dangerous, or extremely arduous, toxic, and dangerous conditions; cadres and soldiers who need care due to prolonged work stress or chronic illness treatment; cadres and soldiers after illness, childbirth, and injury or disease treatment; those contributing to the revolution currently working in the Public Security force.

Article 4. Principles of Application of the Convalescence and Health Recovery Regime

1. The implementation of the convalescence and health recovery regime for People's Public Security Officers must comply with the provisions of this Circular and other laws.

2. Cadres and soldiers implementing the convalescence and health recovery regime in a given year shall be counted towards that year. In cases where cadres and soldiers have convalescence and health recovery leave carried over from the end of the previous year to the beginning of the next year, the convalescence and health recovery regime shall be counted towards the previous year.

3. Cadres and soldiers belonging to the category entitled to multiple convalescence and health recovery regimes at the same time shall enjoy the highest regime.

4. Cadres and soldiers entitled to the convalescence and health recovery regime as stipulated in this Circular shall be granted convalescence and health recovery not more than once a year.

Chapter II
SPECIFIC PROVISIONS

Article 5. Cases eligible for convalescence benefits to restore health

1. Officers and soldiers working, fighting, or laboring in occupations listed as heavy, hazardous, or dangerous, or particularly heavy, hazardous, or dangerous according to regulations of the Ministry of Labor, Invalids, and Social Affairs; officers and soldiers with health categories IV, V, or C, D as stipulated in Point d Clause 10 Article 16 Circular No. 62/2023/TT-BCA dated November 14, 2023 issued by the Minister of Public Security regarding special health standards and medical examinations for the People's Police force (hereinafter referred to as Circular No. 62/2023/TT-BCA); officers and soldiers with weakened health due to prolonged work stress or prolonged treatment for chronic diseases.

2. Officers and soldiers who have been treated for stable disabilities caused by workplace accidents or occupational diseases as stipulated in Clause 1 Article 54 Law on Occupational Safety and Health No. 84/2015/QH13, during the first 30 days back at work their health has not yet recovered.

3. Officers and soldiers who have taken sick leave for the full period allowed within a year as stipulated in Clause 1 Article 29 Law on Social Insurance No. 58/2014/QH13, during the first 30 days back at work their health has not yet recovered.

4. Female officers and soldiers immediately following maternity leave as stipulated in Clause 1 Article 41 Law on Social Insurance No. 58/2014/QH13, during the first 30 days back at work their health has not yet recovered.

5. Officers and soldiers who meet the conditions for retirement but have health categories IV, V, or C, D as stipulated in Point d Clause 10 Article 16 Circular No. 62/2023/TT-BCA; officers and soldiers with weakened health due to prolonged work stress or prolonged treatment for chronic diseases. It is necessary for them to undergo convalescence before retiring.

6. Persons with meritorious service currently working in the People's Police force as stipulated in Decree No. 131/2021/NĐ-CP dated December 30, 2021 issued by the Government.

Article 6. Cases ineligible for convalescence benefits to restore health

Officers and soldiers in any of the following cases shall not be entitled to convalescence benefits to restore health:

1. Cases where health damage is caused by using narcotics or precursor substances as listed by the Government or self-harm, or from being intoxicated.

2. Currently undergoing treatment at healthcare facilities.

3. Suspended from duty.

Article 7. Duration of convalescence to restore health

1. Regarding duration of convalescence

a) Level 1

Maximum 10 days for officers and soldiers whose health has not yet recovered after long-term illness due to a need for extended treatment; female officers and soldiers giving birth to two or more children at once; officers and soldiers with a reduction in work capacity of 51% or more due to workplace accidents or occupational diseases after stable treatment for injuries caused by workplace accidents or occupational diseases and their health has not yet recovered; officers and soldiers working, fighting, or laboring in occupations listed as particularly heavy, hazardous, or dangerous according to regulations of the Ministry of Labor, Invalids, and Social Affairs.

b) Level 2

Maximum 7 days for officers and soldiers whose health has not yet recovered after illness requiring surgery; female officers and soldiers giving birth requiring surgery; officers and soldiers with a reduction in work capacity of 31% to 50% due to workplace accidents or occupational diseases after stable treatment for injuries caused by workplace accidents or occupational diseases and their health has not yet recovered; officers and soldiers working, fighting, or laboring in occupations listed as heavy, hazardous, or dangerous according to regulations of the Ministry of Labor, Invalids, and Social Affairs.

c) Level 3

Maximum 5 days for other cases of maternity leave that qualify for maternity benefits under Law on Social Insurance No. 58/2014/QH13, during the first 30 days back at work their health has not yet recovered; officers and soldiers with a reduction in work capacity of 15% to 30% due to workplace accidents or occupational diseases after stable treatment for injuries caused by workplace accidents or occupational diseases and their health has not yet recovered; officers and soldiers whose health has not yet recovered after illness treated at healthcare facilities; officers and soldiers with health categories IV, V, or C, D as stipulated in Point d Clause 10 Article 16 Circular No. 62/2023/TT-BCA; officers and soldiers with weakened health due to prolonged work stress or prolonged treatment for chronic diseases.

2. The duration of convalescence includes holidays, Tet holidays, and weekly rest days.

3. The duration of convalescence for cases stipulated in Clause 6 Article 5 shall be implemented according to Decree No. 131/2021/NĐ-CP dated December 30, 2021 issued by the Government detailing and implementing the Ordinance on Preferential Treatment for Those Who Have Contributed to the Revolution, state guidance documents, and the Ministry of Public Security.

Article 8. Forms of recuperation to restore health

1. Home recuperation form shall be applied in cases where officers and soldiers suffer from illness or disease and cannot participate in centralized recuperation or their movement would adversely affect their health condition.

2. Centralized recuperation form shall be applied for:

a) Officers and soldiers falling under the provisions of Clause 1 and Clause 5, Article 5 of this Circular but not falling under the home recuperation form prescribed in Clause 1 of this Article;

b) Officers and soldiers falling under Clause 2, Clause 3, and Clause 4, Article 5 of this Circular who have received rest and health recovery benefits as prescribed in Law on Social Insurance No. 58/2014/QH13 and Law on Occupational Safety and Health No. 84/2015/QH13 and wish to participate in centralized recuperation;

c) Officers and soldiers falling under Clause 6, Article 5 of this Circular who have received recuperation and health recovery benefits as prescribed in Decree No. 131/2021/NĐ-CP dated December 30, 2021 of the Government detailing and providing implementation measures for the Ordinance on Preferential Treatment for Persons Contributing to the Revolution and wish to participate in centralized recuperation.

Article 9. Recuperation and health recovery benefits and contents of recuperation benefit expenditure

1. Recuperation benefits:

a) The level of recuperation benefit for one (01) day for the subjects specified in Clause 2, Article 5 of this Circular shall be implemented according to the provisions of Article 54 of the Law on Occupational Safety and Health No. 84/2015/QH13;

b) The level of recuperation benefit for one (01) day for the subjects specified in Clause 3 and Clause 4, Article 5 of this Circular shall be implemented according to the provisions of Article 29 and Article 41 of the Law on Social Insurance No. 58/2014/QH13;

c) The level of recuperation benefit for one (01) day for the subjects specified in Clause 1 and Clause 5, Article 5 of this Circular shall be implemented according to the provisions of point a of this Clause;

d) The level of recuperation benefit for the subjects specified in Clause 6, Article 5 of this Circular shall be implemented according to the provisions of Decree No. 75/2021/NĐ-CP dated July 24, 2021 of the Government detailing and providing implementation measures for the levels of allowances, subsidies, and preferential treatment for persons contributing to the revolution; Decree No. 77/2024/NĐ-CP dated July 1, 2024 of the Government amending and supplementing some articles of Decree No. 75/2021/NĐ-CP dated July 24, 2021 of the Government detailing and providing implementation measures for the levels of allowances, subsidies, and preferential treatment for persons contributing to the revolution which has been amended and supplemented some articles according to Decree No. 55/2023/NĐ-CP dated July 21, 2023 of the Government.

2. Contents of centralized recuperation expenditure prescribed in Clause 1 of this Article are as follows:

a) Food expenses: The food standard and quantity for officers and soldiers shall be implemented according to the provisions of Article 4 of Decree No. 01/2021/NĐ-CP dated October 21, 2021 of the Government detailing material standards and quotas in the后勤保障标准和定额；根据健康状况、病史以及享受康复疗养制度的人员的疗养需求，疗养院应调整饮食以适应其高于或低于标准的需求。超出标准费用的部分由享受康复疗养制度的人员支付给疗养院；低于标准费用的部分由疗养院支付给享受康复疗养制度的人员。

Based on health status, medical conditions, and at the request of the person entitled to recuperation and health restoration benefits, the convalescent home adjusts the meal allowance to meet the increased or decreased needs of such person compared to the standard quota. In cases where costs exceed the standard, the personnel entitled to recuperation and health restoration benefits must pay the difference to the convalescent home; in cases where costs are lower than the standard, the convalescent home shall reimburse the difference to the personnel undergoing recuperation and health restoration.

b) Health care: The person entitled to recuperation and health restoration benefits shall be provided with medical examinations, treatments, health consultations, supplementary nutrition, appropriate physical activities, guidance, and implementation of certain or all services including Qigong, meditation, yoga, massage, herbal steam baths, herbal baths, moxibustion, and other health care methods as prescribed by healthcare staff.

The cost of health care is reimbursed according to the approved list of services, not exceeding the recuperation benefit amount after deducting the costs specified in point a and point c of Clause 2 of this Article. For health care services that have not been implemented, the convalescent home shall cover the actual expenses for the person entitled to recuperation and health restoration benefits as stipulated.

The service price framework is implemented in accordance with Circular No. 21/2023/TT-BYT dated November 17, 2023, issued by the Minister of Health, which sets the framework for service prices for medical examination and treatment in state-run medical facilities and provides guidelines for applying prices and reimbursing medical examination and treatment costs in certain situations, as well as related guiding documents.

c) Costs for serving the person entitled to recuperation and health restoration benefits during the recuperation period: The maximum expenditure level is 15% of the amount specified in Clause 1 of this Article, including face towels, bath towels, soap, toothbrushes, toothpaste, sightseeing, photography, books, cultural and artistic activities, sports, and other expenditures serving the recuperation and health restoration beneficiaries.

4. Medicines and bandages for centralized recuperation work shall be implemented according to the provisions of Item 1, Part II, Table 1, Appendix IV issued together with Decree No. 01/2021/NĐ-CP.

5. Miscellaneous expenses for sanitation, waste disposal, electricity, and water for centralized recuperation work shall be implemented according to the standards and quotas prescribed in Articles 7, 11, and 12 of Decree No. 01/2021/NĐ-CP.

6 ||| 5. In cases of home recuperation as prescribed in Clause 1 of Article 8 of this Circular, the level of recuperation and health recovery benefits shall be settled according to the provisions of Clause 1 of this Article.

Article 10. Means of Transportation

Officials and soldiers going for centralized convalescence shall be arranged with means of transportation for pick-up and drop-off according to the notification of the Health Administration Bureau. In cases where it is not possible to arrange such transportation, officials and soldiers shall make their own arrangements to reach the convalescent home and will be reimbursed for the cost of transportation at the police unit or local police managing the officials and soldiers based on the price indicated on the ticket. The highest reimbursement amount shall be equal to the price of train or bus tickets (soft seat or soft sleeper, air-conditioned) from the official's workplace or military base to the convalescent home as stipulated.

Article 11. Authority, Procedure, Formalities, and Documentation for Requesting Convalescence Benefits

1. Authority to Approve Convalescence Benefits:

a) The Director of the Health Administration Bureau approves centralized convalescence benefits;

b) Heads of police units and localities approve convalescence benefits at home.

2. Documentation for Requesting Convalescence Benefits Includes:

a) A request letter from police units and localities (for centralized convalescence cases);

b) A list of officials and soldiers requesting convalescence benefits according to the prescribed form in Appendix I attached to this Circular.

For cases involving officials and soldiers currently working, fighting, or laboring in occupations listed as heavy, hazardous, or dangerous, or particularly heavy, hazardous, or dangerous; officials and soldiers who have received health recuperation benefits under the Social Insurance Law No. 58/2014/QH13; the Labor Safety and Hygiene Law No. 84/2015/QH13; people with meritorious service currently working in the People's Public Security force who have received convalescence benefits under Decree No. 75/2021/NĐ-CP dated July 24, 2021 of the Government stipulating the level of allowances, subsidies, and preferential policies for those with meritorious service; Decree No. 77/2024/NĐ-CP dated July 1, 2024 of the Government amending and supplementing certain articles of Decree No. 75/2021/NĐ-CP dated July 24, 2021 of the Government stipulating the level of allowances, subsidies, and preferential policies for those with meritorious service which has been amended and supplemented certain articles according to Decree No. 55/2023/NĐ-CP dated July 21, 2023 of the Government, there must be confirmation from the policy department of the corresponding unit for each case. For other cases, confirmation from the policy department of the unit is not required.

c) A health status certificate issued by the healthcare facility responsible for managing and caring for the health of officials and soldiers according to the prescribed form in Appendix II attached to this Circular, except for cases involving officials and soldiers in occupations listed as heavy, hazardous, or dangerous, or particularly heavy, hazardous, or dangerous; people with meritorious service currently working in the People's Public Security force.

In cases where officials and soldiers seek medical treatment at healthcare facilities not belonging to the People's Public Security force, the healthcare facility responsible for managing and caring for the health of officials and soldiers shall confirm the health status of the officials and soldiers based on the discharge certificate.

d) In addition to the documentation specified in points a, b, and c of this clause, for specific cases, additional documentation must be provided as follows:

For cases where health has not recovered after a period of illness due to long-term treatment of diseases listed in Circular No. 46/2016/TT-BYT dated December 30, 2016 of the Minister of Health issuing the List of Diseases Requiring Long-Term Treatment; female officials and soldiers giving birth to two or more children at once, other maternity cases that are entitled to maternity benefits under the Social Insurance Law No. 58/2014/QH13, and whose health has not recovered within the first 30 days back to work, and cases where officials and soldiers' health has not recovered after a period of illness treated at a healthcare facility, a copy of the most recent discharge certificate must be provided.

For cases where health has not recovered after stable treatment of work-related injuries or occupational diseases as stipulated by the Labor Safety and Hygiene Law No. 84/2015/QH13, a copy of the conclusion on the degree of reduction in work capacity by the Medical Appraisal Board must be provided.

For cases where health has not recovered after a period of illness requiring surgery; female officials and soldiers giving birth requiring surgery as stipulated by the Social Insurance Law No. 58/2014/QH13, a copy of the surgical confirmation certificate from the healthcare facility must be provided.

For cases where officials and soldiers meet the conditions for retirement while still working, a copy of the decision regarding retirement benefits must be provided.

3. Procedure and Formalities for Implementing Centralized Convalescence Benefits:

a) The head of the police unit or locality shall prepare the application and submit it to the Health Administration Bureau. For units directly under the Prison Management Police Corps, Compulsory Education Facility Management Corps, Detention School Management Corps, or directly under the Mobile Police Corps Command with independent garrisons and infirmaries, the head of the unit shall send the application along with the convalescence benefit documentation to the Health Administration Bureau; simultaneously sending the aforementioned application to the Prison Management Police Corps, Compulsory Education Facility Management Corps, Detention School Management Corps, or the Mobile Police Corps Command for monitoring and coordination.

b) Based on the application from the authorized person as stipulated in point a of this clause, the Director of the Health Administration Bureau shall issue a convalescence certificate to officials and soldiers eligible for centralized convalescence benefits; notify the convalescent home to organize reception and service; and simultaneously notify the unit managing the officials and soldiers receiving centralized convalescence benefits to coordinate implementation.

4. Procedure and Formalities for Implementing Convalescence Benefits at Home:

The medical department or the policy department of units without a medical department shall prepare the application and submit it to the head of the police unit or locality for approval.

5. The policy department of police units and localities shall confirm cases as stipulated in point b of Clause 2 of Article 11 of this Circular.

Article 12. Implementation Funding

1. Funding for Implementing Convalescence Recovery Benefits is Specifically Defined as Follows:

a) The funds for implementing the recuperation regime to restore health for cases specified in Clause 1 and Clause 5, Article 5 of this Circular shall be provided from the state budget and allocated in the annual state budget plan of the Ministry of Public Security assigned to public security units and localities.

b) The funds for implementing the regime for cases specified in Clause 2, Clause 3, and Clause 4, Article 5 of this Circular shall be sourced from the Social Insurance Fund under Decision No. 58/2014/QH13.

c) The funds for implementing the recuperation regime to restore health for cases specified in Clause 6, Article 5 of this Circular shall be sourced from the subsidy support fund according to Decree No. 02/2020/UBTVQH on preferential treatment for persons who have rendered meritorious service to the revolution.

d) Officers and soldiers specified in Point b and Point c, Clause 2, Article 8 of this Circular (who have already received benefits at their units) when undergoing centralized recuperation must settle expenses according to Clause 2, Article 9 of this Circular to the rest home, with other expenditure items guaranteed by the state budget.

đ) The management, distribution, utilization, settlement, and finalization of funds to ensure the implementation of the recuperation regime must comply with the relevant laws.

2. Investment funds for material infrastructure and equipment to organize recuperation work to restore health at rest homes shall be provided from the state budget for the Ministry of Public Security and other legitimate sources of funding.

Chapter III
IMPLEMENTATION

Article 13. Effective Date

1. This Circular takes effect from February 20, 2025, and replaces Circular No. 105/2020/TT-BCA dated October 5, 2020, issued by the Minister of Public Security regarding the recuperation regime within the People's Public Security Force.

2. In case the referenced documents in this Circular are amended, supplemented, replaced, or newly promulgated, the contents referred to in this Circular shall also be implemented according to the amended, supplemented, replaced, or newly promulgated documents.

3. Attached to this Circular are the following appendices:

a) Appendix I. List of officers and soldiers proposed to enjoy the recuperation regime to restore health;

b) Appendix II. Health status confirmation certificate.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Health Department

a) Guide, inspect, and urge the implementation of this Circular;

b) Compile reports from public security units and localities on the situation of officers and soldiers benefiting from the recuperation regime to restore health annually;

c) Coordinate with the Logistics Department and related public security units and localities to propose investment, strengthen material infrastructure, equipment, and medical personnel to organize recuperation work to restore health at rest homes;

d) Annually, coordinate with the Logistics Department and local public security organs responsible for organizing recuperation to arrange beds and facilities serving recuperation work to restore health for officers and soldiers.

2. The Planning and Finance Department shall be responsible for guiding public security units and localities in preparing budgets, managing, using, settling, and finalizing funds for implementing the recuperation regime to restore health and investing in material infrastructure and equipment for rest homes to implement this Circular according to regulations.

3. Public security units and localities

a) Disseminate the provisions of this Circular to officers and soldiers under their jurisdiction; organize the implementation of the recuperation regime to restore health and settle and finalize according to regulations;

b) Direct subordinate rest homes to implement recuperation work to restore health according to this Circular;

c) Direct the health department or policy department of units without a health department to monitor the health of officers and soldiers, take the lead in proposing the establishment of files for cases eligible for the recuperation regime to restore health, and report to unit leadership;

d) Arrange transportation for officers and soldiers going to centralized recuperation according to the plan;

đ) Based on the actual needs and conditions of rest homes, public security units and localities should study and propose investments to ensure material infrastructure, equipment, medical personnel, and organize the implementation of the recuperation regime to restore health for officers and soldiers according to regulations;

e) Report the situation of officers and soldiers benefiting from the recuperation regime to restore health to the Health Department before December 15 each year (reporting period from December 15 of the previous year to December 14 of the reporting year).

During the implementation of this Circular, if there are difficulties or obstacles, public security units and localities should report to the Ministry of Public Security (through the Health Department) for timely guidance.