JOINT CIRCULAR No. 08/2014/TTLT-BQP-BTC-BYT GUIDING THE IMPLEMENTATION OF CERTAIN MATERIAL STANDARDS AND HEALTH CARE REGIMES FOR PERSONNEL ENGAGED IN SECRET WORK

JOINT CIRCULAR

Guidelines for implementing certain material logistics standards

and medical care regimes for personnel engaged in confidential work

_______________________

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

WHEREAS, Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 63/2012/ND-CP dated August 31, 2012 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 32/2013/NĐ-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain provisions of the Confidential Work Law on regimes and policies for personnel engaged in confidential work;

The Minister of National Defense, the Minister of Finance, and the Minister of Health issue this Joint Circular guiding the implementation of certain material logistics standards and medical care regimes for personnel engaged in confidential work.

Article 1. Scope of Regulation

This Circular guides the implementation of certain material logistics standards, including: food standards, uniform standards, medical material standards, and medical care regimes for personnel engaged in confidential work within confidential organizations.

Article 2. Applicability

1. Personnel engaged in confidential work who are not military personnel or People's Public Security officers receiving salaries according to the confidential rank pay scale and the confidential technical profession pay scale (hereinafter referred to as personnel engaged in confidential work) shall enjoy the standards as prescribed in this Circular.

2. Military personnel and People's Public Security officers engaged in confidential work shall enjoy the uniform standards as prescribed in Clause 3, Article 4 of this Circular.

Article 3. Food Standards for Personnel Engaged in Confidential Work

The food standards for personnel engaged in confidential work as stipulated in Article 3 of Decree No. 32/2013/NĐ-CP dated April 16, 2013 of the Government detailing and guiding the implementation of certain provisions of the Confidential Work Law on regimes and policies for personnel engaged in confidential work (hereinafter referred to as Decree No. 32/2013/NĐ-CP) shall be implemented as follows:

1. Food standards for personnel engaged in confidential work performing exceptionally arduous, toxic, dangerous, or arduous, toxic, dangerous tasks

a) Level 1: food allowance equal to 1.6 times the basic food standard of non-commissioned officers and soldiers of the Infantry Branch of the Vietnam People's Army applied to those performing the following tasks:

Cooking in a furnace, cooking synthetic paint, applying varnish, attaching protective coatings to various secret coded materials;

Operating, repairing, and maintaining equipment in coded vehicle machines.

b) Level 2: food allowance equal to 1.5 times the basic food standard of non-commissioned officers and soldiers of the Infantry Branch of the Vietnam People's Army applied to those performing the following tasks:

Coding secret codes;

Researching, testing, and producing coded machine keys;

Producing printed circuit boards for coded machines;

Casting, cleaning lead and plastic characters;

Operating Typo printing machines, setting up printing plates for various secret coded materials;

Manually cutting and trimming various secret coded materials;

Warehouse management, handling, receiving, and distributing secret coded materials, technical equipment, and means;

Operating urgent coded documents, timed systems;

Destroying and operating grinding systems for various secret coded materials, technical equipment;

Producing, assembling, repairing, and equipping technical coded equipment and machines;

Making and printing technical coded documents; making electronic prints for producing printed circuit boards;

Inspecting various secret coded materials, technical equipment;

Operating and managing electronic authentication systems; monitoring network security for information technology systems;

Repairing mechanical and electrical components to ensure production of various secret coded materials, technical equipment;

Testing and evaluating coded products and machines.

c) Level 3: food allowance equal to 1.3 times the basic food standard of non-commissioned officers and soldiers of the Infantry Branch of the Vietnam People's Army applied to teachers teaching technical coded courses.

2. Food allowance for personnel engaged in confidential work who are injured or sick and undergoing treatment

a) Personnel engaged in confidential work who are injured or sick and undergoing treatment at military clinics or hospitals or at the State Confidential Work Management Board clinic shall be provided with food according to the illness standard for active-duty military personnel with the same salary coefficient, rank, position, and equivalent at the same time in the same locality;

b) Annually, based on the target group and the regime standards for personnel engaged in confidential work as stipulated in Clause 2, Article 3 of Decree No. 32/2013/NĐ-CP, the Ministry of National Defense ensures the food allowance according to the illness standard at military clinics and hospitals, and the State Confidential Work Management Board ensures the food allowance according to the illness standard at its clinics.

3. Supplementary food allowance for personnel engaged in confidential work

a) Personnel engaged in confidential work during combat participation, training exercises, flood prevention, disaster relief, firefighting, and search and rescue operations shall receive an additional supplementary food allowance equal to 0.8 times the basic food allowance of non-commissioned officers and soldiers of the Infantry Branch of the Vietnam People's Army;

b) Personnel engaged in confidential work during technical coded course training and combat readiness duty shall receive an additional supplementary food allowance equal to 0.5 times the basic food allowance of non-commissioned officers and soldiers of the Infantry Branch of the Vietnam People's Army.

4. When the food standards and allowances for active-duty military personnel are adjusted, the food standards and allowances for personnel engaged in confidential work shall be correspondingly adjusted.

Article 4. Uniform standards for personnel engaged in confidential work

1. Regular uniforms and anniversary uniforms shall be implemented in accordance with Clause 1 of Article 4 of Decree No. 32/2013/NĐ-CP.

2. Cold-resistant uniforms provided to personnel engaged in confidential work in Cold Zone 1 and Cold Zone 2 shall be implemented as follows:

a) Cold Zone 1 applies to personnel engaged in confidential work in the provinces of Son La, Dien Bien, Lai Chau, Lao Cai, Ha Giang, Tuyen Quang, Cao Bang, Bac Kan, Lang Son, Quang Ninh, and islands belonging to centrally governed cities and provinces from Quang Binh northward;

b) Cold Zone 2 applies to personnel engaged in confidential work in the provinces and centrally governed cities in the Central Highlands region and other provinces and centrally governed cities from Thua Thien Hue northward.

3. Professional uniforms

a) Blue shirts issued to personnel directly involved in coding, research, and testing cryptographic techniques and products;

b) Professional bags issued to personnel receiving salaries according to the pay scale for military officers of the People's Army of Vietnam, police officers of the People's Public Security Force, and confidential officer rank pay scales with a responsibility allowance for protecting cryptographic secrets at a rate of 0.3;

c) Outdoor training clothing issued to personnel directly involved in training and outdoor activities;

d) High-top leather shoes issued to personnel working in border provinces and islands.

4. Methods of ensuring uniforms

a) Ensuring by physical items applies to professional uniforms;

b) Ensuring by money or physical items applies to regular uniforms, anniversary uniforms, and cold-resistant uniforms.

5. Basis for determining the value of regular uniforms, anniversary uniforms, and cold-resistant uniforms

a) The determination of the value of each type of uniform for personnel engaged in confidential work is based on the quality and price of military uniforms for active-duty military personnel;

b) The Minister of National Defense shall stipulate the price of each type of uniform after obtaining the unified opinion of the Minister of Finance;

c) The Minister of National Defense shall decide to adjust the prices of various types of uniforms when raw material prices fluctuate by less than 20%, and the Minister of National Defense shall consult with the Minister of Finance to consider adjusting the prices of various types of uniforms when raw material prices fluctuate by 20% or more.

Article 5. Medical material standards for personnel engaged in confidential work

1. Medical material standards for personnel engaged in confidential work shall be implemented in accordance with Article 5 of Decree No. 32/2013/NĐ-CP.

2. The design, color, and management of professional medical uniforms shall be carried out in accordance with the regulations of the Minister of Health.

Article 6. Medical care system for personnel engaged in confidential work

The medical care system for personnel engaged in confidential work stipulated in Article 12 of Decree No. 32/2013/NĐ-CP shall be implemented as follows:

1. They shall undergo regular health check-ups at least once every year (for personnel engaged in confidential work assigned tasks classified as particularly arduous, hazardous, or dangerous labor, they shall undergo regular health check-ups at least once every six months) and have health records managed according to the分级分类规定在本条第7款。

2. When ill, injured, or pregnant, they shall be examined and treated, and transferred to specialized departments at military hospitals as if they were military personnel of the same rank and equivalent salary.

3. Cadres with salaries equivalent to or higher than the rank of Senior Colonel shall be examined and treated according to the standards for high-level cadres.

4. When treatment exceeds the capacity of the hospital, the military hospital may transfer patients to higher-level military hospitals or state and private hospitals not under the jurisdiction of the Ministry of National Defense that have the ability to treat them. In such cases, the military hospital must provide emergency care, monitoring, and patient care until the patient is transferred to another medical facility.

5. When traveling on business or leave and falling ill, injured, or pregnant, they can be examined and treated at the nearest military hospital; if there is no military hospital nearby, they can be examined and treated at state and private hospitals not under the jurisdiction of the Ministry of National Defense. For urgent cases, patients should be transferred to the nearest medical facility for emergency care and treatment until stable, and then returned to their original registered medical facility for continued treatment.

6. The payment level, documentation, and procedures for paying examination and treatment costs for personnel engaged in confidential work when examined and treated at state and private hospitals not under the jurisdiction of the Ministry of National Defense as stipulated in Clause 4 and Clause 5 of this Article (including transportation costs) shall be implemented according to the regulations for military personnel when examined and treated at civilian hospitals as stipulated in Decision No. 105/2008/QĐ-BQP dated July 11, 2008 of the Minister of National Defense regarding the reimbursement of examination and treatment costs for military personnel and defense civil servants when examined and treated at civilian hospitals. Payment for examination and treatment costs at state and private hospitals not under the jurisdiction of the Ministry of National Defense shall be paid by the unit managing and providing healthcare for personnel engaged in confidential work according to the分级分类规定在本条第7款。

7. Health agencies under the Government Cryptographic Board manage and provide health care for personnel engaged in cryptographic work at the Government Cryptographic Board and relevant ministries and sectors within Hanoi City and Ho Chi Minh City; military health agencies under the Military Command of provinces and centrally governed cities, the Hanoi Capital Military Command, and the Ho Chi Minh City Capital Military Command manage and provide health care for personnel engaged in cryptographic work within their respective provinces, centrally governed cities, and relevant ministries and sectors; military health agencies under the County and District Military Commands manage and provide health care for personnel engaged in cryptographic work within their respective counties and districts.

Article 7. Medical records and procedures for medical examination and treatment

1. Personnel engaged in cryptographic work who go to military medical facilities for medical examination and treatment at registered treatment levels must present the following documents:

a) A referral for medical examination and treatment issued by the unit's health agency according to Model No. 01 promulgated together with this Circular.

The authority issuing the referral for medical examination and treatment must ensure that it is issued to the correct person and the correct category of personnel as prescribed and bear legal responsibility for such documents. When there is a change in personnel or registered seals, timely notification must be made to the medical facility at the registered level.

b) A medical examination and treatment card implemented according to Model No. 02 promulgated together with this Circular.

The Government Cryptographic Board uniformly issues and manages medical examination and treatment cards for cryptographic forces.

The Chairman of the Government Cryptographic Board shall stipulate the procedures and formalities for issuing medical examination and treatment cards in accordance with this Circular.

2. In cases of emergency medical treatment at non-registered medical facilities, all necessary procedures as prescribed in Clause 1 of this Article must be completed before discharge from the hospital.

3. Procedures for transferring patients between medical facilities for medical examination and treatment when personnel engaged in cryptographic work seek medical services at state-owned and private medical facilities not under the jurisdiction of the Ministry of National Defense shall be carried out in accordance with the regulations of the Ministry of Health on transferring patients for medical insurance examination and treatment.

Article 8. Funding Assurance

The funding for implementing standards, benefits, and policies for personnel engaged in cryptographic work as prescribed in this Circular shall be guaranteed by the state budget in accordance with the current state budget allocation. Each year, agencies and units using personnel engaged in cryptographic work shall prepare a budget estimate for implementation and submit it to the financial department at the same level for consolidation and submission to the competent authority as prescribed.

Article 9. Cross-References

In cases where referenced documents in this Circular are replaced or amended, they shall be implemented in accordance with the replacing or amended documents.

Article 10. Implementation Organization

1. The Ministry of National Defense

a) Take the lead and coordinate with the Ministry of Health and relevant agencies to organize the implementation of medical examinations and treatments for personnel engaged in cryptographic work as prescribed in this Circular;

b) Receive funds to organize the assurance of medical examinations and treatments for personnel engaged in cryptographic work; manage, register, and compile statistics on medical examinations and treatments, admission, and treatment monthly for personnel engaged in cryptographic work as prescribed in this Circular and the regulations of the Ministry of National Defense;

c) The Government Cryptographic Board organizes the printing and issuance of medical examination and treatment cards for personnel engaged in cryptographic work; prepares a budget estimate for medical examinations and treatments for personnel engaged in cryptographic work at the Government Cryptographic Board and the budget for printing and issuing medical examination and treatment cards for personnel engaged in cryptographic work;

d) Take the lead and coordinate with relevant ministries and sectors to direct, guide, inspect the implementation of this Circular, and resolve any difficulties and issues arising.

2. The Ministry of Health

a) Direct provincial and centrally governed city health departments and medical facilities to organize medical examinations and treatments for personnel engaged in cryptographic work in accordance with current regulations and this Circular;

b) Coordinate with the Ministry of National Defense and relevant ministries and sectors to direct, guide, inspect the implementation of this Circular, and resolve any difficulties and issues arising.

3. Ministry of Finance

a) Based on the proposal of ministries, sectors, and localities using personnel engaged in cryptographic work, consolidate the funding and ensure the budget for implementing standards, benefits, and policies for personnel engaged in cryptographic work in accordance with the Law on State Budget and guiding documents;

b) Coordinate with the Ministry of National Defense and relevant ministries and sectors to direct, guide, inspect the implementation of this Circular, and resolve any difficulties and issues arising.

4. Ministries, sectors, and localities using personnel engaged in cryptographic work

a) Prepare annual budget estimates, organize the implementation of standards, benefits, and policies for personnel engaged in cryptographic work as prescribed in this Circular; take the lead and coordinate with relevant ministries and sectors to resolve difficulties and issues arising at the ministry, sector, or locality level;

b) Compile lists and propose the Government Cryptographic Board to issue medical examination and treatment cards for personnel engaged in cryptographic work under their management;

c) Register places for medical examination and treatment at military medical facilities with county, district, provincial, and centrally governed city military agencies and military medical facilities according to the registered level of personnel engaged in cryptographic work;

d) Introduce the seal and signature of the head of the agency or unit using personnel engaged in cryptographic work to the military medical facility according to the registered treatment level.

Article 11. Effective Date

1. This Circular takes effect from April 1, 2014.

2. Standards, benefits, and policies for personnel engaged in cryptographic work guided in this Circular shall be implemented from June 1, 2013.

3. This Circular replaces:

a) Joint Circular No. 04/2010/TTLT-BNV-BTC dated June 7, 2010, of the Minister of Home Affairs and the Minister of Finance guiding the implementation of certain provisions of Decree No. 01/2009/NĐ-CP dated January 2, 2009, of the Government on material support standards for personnel engaged in cryptographic work.

b) Joint Circular No. 01/2009/TTLT-BQP-BYT-BTC dated January 12, 2009, issued by the Ministers of National Defense, Health, and Finance to amend and supplement Joint Circular No. 135/2007/TTLT-BQP-BYT-BTC dated September 5, 2007, issued by the Ministers of National Defense, Health, and Finance guiding the implementation of certain provisions of Decree No. 153/2006/NĐ-CP dated December 22, 2006, of the Government on medical examination, treatment, and material standards for health care for personnel engaged in confidential work; implementing mandatory health insurance for dependents of personnel engaged in confidential work;

Clause 1, Clause 2, and Clause 3 of Section II of Joint Circular No. 135/2007/TTLT-BQP-BYT-BTC dated September 5, 2007, issued by the Ministers of National Defense, Health, and Finance guiding the implementation of certain provisions of Decree No. 153/2006/NĐ-CP dated December 22, 2006, of the Government on medical examination, treatment, and material standards for health care for personnel engaged in confidential work; implementing mandatory health insurance for dependents of personnel engaged in confidential work.

4. In the course of implementation, if there are any difficulties, ministries, sectors, and localities shall report to the joint ministries (through the Confidential Service of the Government) for coordination with the joint ministries to consider and resolve them./.