Circular No. 05/2016/TT-BLDTBXH guides the implementation of the allowance and subsidy regime for civil servants, public officials, and workers employed at facilities managing drug addicts, post-detoxification individuals, and public social assistance institutions. This Circular stipulates the sources of funding for implementing the regime and areas with particularly difficult socio-economic conditions.
Đối tượng áp dụng
Civil servants, public officials, and workers employed at facilities managing drug addicts, post-detoxification individuals, and public social assistance institutions.
Các điểm cốt lõi
- are civil servants, public officials, and workers employed at facilities managing drug addicts, post-detoxification individuals, and public social assistance institutions who have their allowance and subsidy regime funding guaranteed from the unit's revenue or state budget.
- Public service units that self-finance their regular expenses may use institutional income, service fees, and production labor income; public service units whose regular operational costs are guaranteed by the state budget shall be guaranteed by the state budget within the annual budget estimate.
- Areas with particularly difficult socio-economic conditions as defined in Decree No. 26/2016/NĐ-CP include villages or communes listed in the Prime Minister's approved list.
- This Circular takes effect from June 15, 2016, and revokes Joint Circular No. 13/2007/TTLT-BLDTBXH-BNV-BTC.
- During implementation, any difficulties will be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution.
🌐 Tác động xã hội từ văn bản này
- Workers at facilities managing drug addicts, post-detoxification individuals, and public social assistance institutions will benefit from the allowance and subsidy regime.
- Public service units have the responsibility to ensure funding for the implementation of this regime, thereby reducing financial burdens on the state budget.
❓ Câu hỏi thường gặp
What benefits do civil servants, public officials, and workers employed at facilities managing drug addicts receive?
According to Circular No. 05/2016/TT-BLDTBXH, civil servants, public officials, and workers employed at these facilities will have their allowance and subsidy regime funding guaranteed from the unit's revenue or state budget.
What sources can public service units that self-finance their regular expenses use to implement the regime?
Public service units that self-finance their regular expenses may use institutional income, service fees, production labor income; state budget funds according to current budget management levels, and other lawful funding sources (if any).
Which areas are considered areas with particularly difficult socio-economic conditions?
Areas with particularly difficult socio-economic conditions as defined in Article 7 of Decree No. 26/2016/NĐ-CP include villages or communes listed in the Prime Minister's approved list.
When does this Circular take effect?
Circular No. 05/2016/TT-BLDTBXH takes effect from June 15, 2016.
What should be done if there are difficulties during the implementation of this regime?
During implementation, any difficulties will be reported to the Ministry of Labor, Invalids, and Social Affairs for study and resolution.
Toàn văn
CIRCULAR
GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES OF THE GOVERNMENT DECREE NO. 26/2016/NĐ-CP OF APRIL 6, 2016 ON THE REGIME OF SUBSIDIES AND ALLOWANCES FOR PUBLIC OFFICIALS, CIVIL SERVANTS, AND WORKERS AT FACILITIES MANAGING DRUG ADDICTS, POST-DRUG DEPENDENCY RECOVERY PERSONS, AND PUBLIC SOCIAL ASSISTANCE FACILITIES
Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairsof the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social AffairsPursuant to the request of the Director General of the Department of Vocational Education;
Pursuant to Decree No. 26/2016/NĐ-CP of April 6, 2016 of the Government on the regime of subsidies and allowances for public officials, civil servants, and workers at facilities managing drug addicts, post-drug dependency recovery persons, and public social assistance facilities;y and public social assistance facilities;
Upon pursuant to the decision of the Director of the Social Assistance Administration Bureau,
The Ministry of Labor, Invalids and Social Affairs issues guidelines for implementing certain Articles of Decree No. 26/2016/NĐ-CP of April 6, 2016 of the Government on the regime of subsidies and allowances for public officials, civil servants, and workers at facilities managing drug addicts, post-drug dependency recovery persons, and public social assistance facilities. of Decree No. 26/2016/NĐ-CP of April 6, 2016 of the Government on the regime of subsidies and allowances for public officials, civil servants, and workers at facilities managing drug addicts, post-drug dependency recovery persons, and public social assistance facilities.y and public social assistance facilities.This Circular guides on the sources of funds for implementing the subsidy and allowance regime and the special economic and social conditions areas as stipulated in Decree No. 26/2016/NĐ-CP of April 6, 2016 of the Government on the regime of subsidies and allowances for public officials, civil servants, and workers at facilities managing drug addicts, post-drug dependency recovery persons, and public social assistance facilities (hereinafter referred to as Decree No. 26/2016/NĐ-CP).
Article 1. Scope of Regulation
Article 2. Sources of funds for implementing the subsidy and allowance regime
1. For public service units that self-finance their regular expenses and those that self-finance both regular expenses and investment costs: The funds for implementing the subsidy and allowance regime are guaranteed from the unit's revenue.
2. For public service units that partially self-finance their regular expenses: The funds for implementing the subsidy and allowance regime are guaranteed from the unit's service revenue, labor production income, and service provision income; state budget funds according to the current state budget management hierarchy; and other legitimate sources of funds (if any).
3. For public service units whose regular operational costs are fully financed by the state budget: The funds for implementing the subsidy and allowance regime are guaranteed from the annual state budget allocation of the unit according to the current state budget management hierarchy and other legitimate sources of funds as prescribed by law.
In cases where the State adjusts the minimum wage, additional funds for implementing the allowance regime for occupations will be implemented according to the current regulations of the State, suitable for each period. Specifically for the year 2016, ministries, central agencies, and provincial-level cities have the responsibility to organize, guide, review, and compile reports on the needs and sources of funds for implementing the allowance regime for occupations into the requirements for implementing salary reform according to the guidelines on determining the needs and sources of funds for adjusting the minimum wage in 2016 and submit them to the financial authorities for examination and approval as prescribed.
In the case where the State adjusts the minimum wage, additional funds for implementing the occupational preferential allowance system shall be carried out in accordance with the current regulations of the State, suitable to each period. Specifically for the year 2016, ministries, central agencies, and provinces and centrally-administered cities have the responsibility to organize, guide, review, and compile reports on the demand and funding sources for implementing the occupational preferential allowance system, incorporating them into the wage reform implementation requirements according to the guidelines for determining the demand and funding sources for adjusting the minimum wage level in 2016, and submit these to the financial authorities for examination and verification in accordance with the regulations.
Article 3. Areas with Particularly Difficult Economic-Social Conditions
Areas with particularly difficult economic-social conditions as stipulated in Article 7 of Decree No. 26/2016/NĐ-CP include communes or villages with particularly difficult economic-social conditions as specified in: Decision No. 204/QĐ-TTg dated February 1, 2016 of the Prime Minister approving the list of particularly difficult communes, border communes, safe area communes for investment under Program 135 in 2016; Decision No. 30/2012/QĐ-TTg dated July 18, 2012 of the Prime Minister on criteria for identifying particularly difficult villages, communes in ethnic minority and mountainous regions from 2012 to 2015; Decision No. 1049/QĐ-TTg dated June 26, 2014 of the Prime Minister promulgating the List of Administrative Units in Difficult Areas; Decision No. 12/2016/QĐ-TTg dated March 11, 2016 of the Prime Minister on continuing the implementation of Decision No. 30/2012/QĐ-TTg dated July 18, 2012 and Decision No. 1049/QĐ-TTg dated June 26, 2014 of the Prime Minister; Decision No. 75/QĐ-UBDT dated February 29, 2016 of the Minister, Chairman of the National Ethnic Minorities Committee approving the list of particularly difficult villages for investment under Program 135 in 2016; Decision No. 601/QĐ-UBDT dated October 29, 2015 of the Minister, Chairman of the National Ethnic Minorities Committee recognizing additional and adjusted particularly difficult villages, communes in areas I, II, III in ethnic minority and mountainous regions and other related provisions.
Article 4. Implementation Provisions
1. This Circular takes effect from June 15, 2016.
2. The Joint Circular No. 13/2007/TTLT-BLĐTBXH-BNV-BTC dated August 20, 2007 of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Home Affairs, and the Ministry of Finance guiding the allowance system for staff working at facilities managing drug addicts, sex workers, and post-drug rehabilitation individuals is hereby abolished.
3. In case of any difficulties during implementation, relevant ministries, sectors, localities, and units shall report to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.
DEPUTY MINISTER
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