Joint Circular No. 07/2003/TTLT-BTC-BNV-BYT guiding amendments to Point 2, Part I of Circular No. 150/LB-TT dated April 16, 1996 issued by the Inter-Ministerial Board of the Government Office for Cadres and Civil Service - Ministry of Finance - Ministry of Health guiding the implementation of Decision No. 794/TTg dated December 5, 1995 of the Prime Minister stipulating certain special allowances for civil servants and employees in the health sector.

JOINT CIRCULAR

JOINT CIRCULAR NO. 07/2003/TTLT-BTC-BNV-BYT OF THE MINISTRY OF FINANCE - MINISTRY OF HOME AFFAIRS - MINISTRY OF HEALTH ON January 15, 2003 GUIDING AMENDMENTS TO POINT 2 PART I OF CIRCULAR NO. 150/LB-TT OF THE JOINT MINISTRIES OF GOVERNMENT ORGANIZATION AND PERSONNEL - FINANCE - HEALTH ON IMPLEMENTATION OF DECISION NO. 794/TTG OF THE PRIME MINISTER ON DECEMBER 5, 1995 REGARDING SOME SPECIAL ALLOWANCES FOR PUBLIC OFFICIALS AND CIVIL SERVANTS IN THE HEALTH SECTOR

Pursuant to the Labor Code on June 23, 1994; Law Amending and Supplementing Certain Provisions of the Labor Code on April 2, 2002;
Pursuant to Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding implementation of certain provisions of the Labor Code on working hours and rest periods;
Based on Decree No. 10/2002/ND-CP dated January 16, 2002 of the Government on financial regulations applicable to public service units with income;
Pursuant to Decision No. 794/TTg dated December 5, 1995 of the Prime Minister prescribing some special allowances for public officials and civil servants in the health sector;
The Ministry of Finance - Ministry of Home Affairs - Ministry of Health guide the allowance system for 24/24-hour duty and overtime work for public officials and civil servants in the health sector as follows:

I. REGIME OF DUTY ALLOWANCE AND OVERTIME PAY

1. Duty allowance applies to public officials and civil servants performing medical duty outside standard working hours, also known as 24/24-hour duty (after completing standard working hours in a day, they must continue to stand duty for 16 additional hours outside standard working hours), specifically as follows:

a) The rate of duty allowance of 7,000 dong per shift shall be applied to:

- Public officials and civil servants with medical expertise working at hospitals and institutes with grade 1 beds, tuberculosis, leprosy, mental health hospitals.

- Public officials and civil servants with medical expertise working in departments such as surgery, obstetrics, pediatrics, infectious diseases, psychiatry, pathology, emergency care (including emergency care units in other departments) at hospitals and district, county health centers with remaining beds.

- Public officials and civil servants with medical expertise working at state-managed maternity homes.

- Public officials and civil servants with medical expertise who must stand anti-epidemic duty at state-managed healthcare facilities during epidemic periods.

b) The rate of duty allowance of 5,000 dong per shift shall be applied to public officials and civil servants with medical expertise working at units outside the aforementioned provisions in hospitals, district and county health centers, hospitals with beds, rehabilitation centers managed by the state and regional multi-disciplinary clinics.

c) The rate of duty allowance of 3,000 dong per shift shall be applied to medical professionals working at grassroots health stations.

2. Public officials and civil servants with medical expertise performing 24/24-hour duty shall be arranged to take compensatory leave for one day immediately following their shift and still receive full salary for the compensatory leave day within their monthly salary.

3. Public officials and civil servants with medical expertise, apart from the 24/24-hour duty mentioned in point 1 above, if they work overtime, shall be paid according to the provisions of Section 15, Article 1 of the Law Amending and Supplementing Certain Provisions of the Labor Code No. 35/2002/QH10 dated April 2, 2002 of the National Assembly, specifically as follows:

3.1- Workers working overtime shall be paid wages based on their current job wage as follows:

a) On regular days, at least 150%.

b) On weekly rest days, at least 200%.

c) On holidays and rest days with pay, at least 300%.

d) If workers are granted compensatory leave for overtime hours, then the employer only needs to pay the difference compared to the daily wage of the worker's current job on a normal working day.

e) Workers working night shifts from 10 PM to 6 AM or 9 PM to 5 AM, depending on the climate zone prescribed by the Government, shall be paid an additional amount of at least 30% of their daytime wage.

3.2- Calculation of overtime pay is as follows:

3.3- If working overtime during night shifts from 10 PM to 6 AM or 9 PM to 5 AM, an additional amount of at least 30% of the daytime wage shall be paid. The calculation of night shift allowance is as follows:

3.4- The time for working overtime by workers shall be implemented in accordance with the provisions of Point 2, Article 1 of Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding implementation of certain provisions of the Labor Code on working hours and rest periods.

II. IMPLEMENTATION

1- For healthcare facilities meeting the conditions to implement the financial management mechanism under Decree No. 10/2002/NĐ-CP dated January 16, 2002 of the Government.

Based on current regulations regarding professional qualifications and the unit's regular operating budget (including funds allocated from the state budget and revenue from public services); the heads of healthcare facilities shall proactively establish rules for paying duty allowances and standards for duty shifts, higher than those specified in Point 1, Section I of this Circular, suitable for each department within the unit; ensuring timely payment of duty allowances to employees in accordance with the specified categories within the unit's operational budget after reaching consensus with the trade union organization and making it public within the unit.

2- For healthcare facilities that have not yet met the conditions to implement Decree No. 10/2002/NĐ-CP dated January 16, 2002 of the Government (healthcare facilities without service revenue; village, town, and township health stations);

Based on the scope of the unit's regular operating budget, these units shall reasonably arrange 24/24-hour duty shifts and resolve employee benefits according to the provisions of Point 1, Section I of this Circular.

3- The funding for the above-mentioned benefit system shall be implemented according to the current budgetary management hierarchy. Directors of healthcare facilities shall base payments for duty allowances and overtime pay for employees on the unit's regular operating budget in accordance with the relevant regulations.

As for the debts of the direct subsidies for the years 2001 and 2002, it is recommended that ministries, sectors, and localities review and allocate funds to pay workers. In cases where there is genuine difficulty and the inability to allocate payment sources, ministries and localities shall submit documents to the Joint Ministry for consideration and resolution.

4- This Circular takes effect from January 1, 2003, and replaces Point 2 of Part I of Circular No. 150/TT-LB dated April 16, 1996, issued by the Joint Ministry of Organization - Civil Service of the Government, Ministry of Finance, and Ministry of Health guiding the implementation of Decision No. 794/TTg dated December 5, 1995, of the Prime Minister regarding certain special allowances for civil servants and employees in the health sector.

5- During the course of implementation, if there are any difficulties, it is recommended that they be reported to the Joint Ministry for consideration and resolution.