Circular No. 105/2020/TT-BCA on convalescence benefits for police officers

CIRCULAR

Regulations on convalescence benefits for the People's Public Security Forces

Pursuant to the Law on People's Police dated November 20, 2018;

Based on the Social Insurance Law dated November 20, 2014 and the amended and supplemented Social Insurance Law in 2018;

Based on 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 insurance for military personnel, public security forces, and personnel engaged in confidential work with salaries equivalent to those of 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;

Upon the proposal of the Director of the Health Bureau;

The Minister of Public Security issues this Circular stipulating the regulations on convalescence benefits for the People's Public Security Forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the subjects, principles of application, standards, duration, convalescence benefits, means of transportation, procedures for issuing certificates, convalescence processes, and funding for implementing convalescence benefits for the People's Public Security Forces.

Article 2. Applicability

1. Officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions; non-commissioned officers and conscripted soldiers in the People's Public Security Forces; workers in the Public Security sector, and employees under indefinite-term labor contracts (hereinafter referred to as cadres and soldiers).

2. Convalescent facilities include: The Rehabilitation Center - Functional Recovery Center under the Health Department and rest homes within the People's Public Security Forces (with convalescent areas).

3. Medical facilities within the People's Public Security Forces.

4. Public Security units and localities.

Article 3. Principles of Application of Convalescence Benefits

1. Ensuring functional recovery and improving health for cadres and soldiers.

2. Correctly applying to eligible subjects and meeting the standards set forth in this Circular.

3. Convalescence at home or at convalescent facilities shall be carried out according to medical instructions.

4. In cases where cadres and soldiers have convalescence leave that carries over from the end of one year to the beginning of the next, the convalescence benefit will be counted for the previous year. Cadres and soldiers who implement convalescence benefits in a given year will have such benefits counted for that year.

Chapter II

SPECIFIC PROVISIONS

Article 4. Cases Eligible for Convalescence Benefits

Cadres and soldiers are eligible for convalescence benefits if they fall into one of the following categories:

1. Engaging in combat, work, or labor under arduous, toxic, dangerous, stressful, mobile, or sudden conditions, or exposure to toxins leading to reduced health.

2. Being injured, disabled, suffering from occupational accidents, occupational diseases, illness, and after treatment, their health has not fully recovered; female cadres giving birth to two or more children at once, undergoing surgery for childbirth, and medical facilities recommending further functional recovery and convalescence to restore health.

3. Having chronic illnesses, post-surgery, and physical weakness that has not fully recovered, unable to perform normal work, and medical facilities recommending further functional recovery and convalescence to restore health.

4. Cadres meeting the conditions for retirement but still weak in health, and medical facilities recommending convalescence before retiring to enjoy pension benefits.

Article 5. Cases Not Eligible for Convalescence Benefits

Cadres and soldiers falling into one of the following categories are not eligible for convalescence benefits:

1. Cases of health damage due to self-harm, drunkenness, drug use, or other addictive substances.

2. Having less than three months of service or participation in mandatory social insurance.

3. Having a disease in its progression phase requiring continued treatment at medical facilities.

4. Currently suspended from duty or under disciplinary review.

5. Workers who are ill but do not take sick leave, or who must take sick leave for treatment but do not receive sickness allowance from the social insurance fund, shall not be entitled to convalescence benefits for recuperation after illness.

Article 6. Convalescence Period

1. Regarding the convalescence period:

a) Level 1: A maximum of 10 days for officers and soldiers whose health has not recovered after a prolonged illness due to long-term treatment; female officers and soldiers who give birth to two or more children at once; individuals whose health has not recovered after stable rehabilitation from work-related injuries or occupational diseases.

b) Level 2: A maximum of 7 days for officers and soldiers whose health has not recovered after surgery or childbirth following surgery.

c) Level 3: A maximum of 5 days for other cases.

2. The convalescence period includes public holidays, Tet holidays, and weekly rest days.

Article 7. Convalescence Benefits

1. The daily convalescence benefit is 30% of the base salary. In cases of work-related injuries or occupational diseases, the benefit is 40% of the base salary.

2. Officers and soldiers with convalescence standards but who do not participate in centralized convalescence can conduct convalescence at their place of residence and be reimbursed by the unit's finance department at 25% of the base salary.

3. Health care: Officers and soldiers undergoing convalescence are provided with medical examinations, treatments, health consultations combined with nutrition and appropriate physical activities, guidance on practicing Qigong, meditation, yoga, herbal steam baths, herbal baths, massage, and other prescribed therapies.

4. Health care expenses are budgeted annually according to state regulations and financial authorities.

Article 8. Transportation Means

1. Units or healthcare facilities or convalescent centers provide transportation means for officers and soldiers eligible for convalescence.

2. If transportation cannot be arranged, officers and soldiers must travel by public transport and will be reimbursed for round-trip train or bus fares at the Public Security unit or local management authority.

3. The highest reimbursement rate is equal to the price of high-quality train or bus tickets (air-conditioned soft seats or air-conditioned soft berths) from the officer's workplace or garrison location to the convalescent center.

Article 9. Procedures and Formalities for Issuing Convalescence Certificates

1. After treatment, if there is a recommendation for convalescence, the healthcare facility within the People's Public Security issues a referral letter to the Health Department to process the convalescence benefits.

2. For other cases, the head of the Public Security unit or local authority submits a written request to the Health Department to process convalescence benefits for officers and soldiers (with confirmation of the medical condition from the same-level healthcare facility).

3. Based on the requests from healthcare facilities and Public Security units or local authorities, the Health Department issues convalescence certificates to officers and soldiers and notifies the convalescent centers to organize services, while also informing the managing units of the convalescing personnel for coordination.

4. For cases where convalescence is conducted at home, the head of the Public Security unit or local authority decides on the implementation of convalescence and health recovery programs for officers and soldiers based on recommendations from the same-level healthcare facility.

5. Annually, the head of the Public Security unit or local authority reports the situation of officers and soldiers undergoing convalescence at home to the Health Department for monitoring and summarization.

Article 10. Rehabilitation Procedure

When officers and soldiers arrive at the rehabilitation facility, the facility shall implement the rehabilitation procedure as follows:

1. Step 1: Officers and soldiers undergo a comprehensive health examination upon arrival for rehabilitation.

2. Step 2: Medical staff establish medical records, prescribe rehabilitation methods, and functional recovery (guiding the use of medication, physiotherapy, functional recovery, massage and acupressure, dietary and rest regimens appropriate to their condition). The medical records and treatment procedures must be carried out in accordance with the regulations of the Ministry of Health.

3. Step 3: Medical staff guide officers and soldiers to perform the prescribed rehabilitation and functional recovery methods, as well as other treatments according to their health status during rehabilitation. All health developments of officers and soldiers must be recorded in the medical record.

4. Step 4: At the end of the rehabilitation period, the facility summarizes the medical record and evaluates the health status of officers and soldiers.

5. Step 5: Medical staff guide officers and soldiers on continuing self-care and health recovery at home, or advise them to check their health status at higher-level hospitals if necessary.

Article 11. Funding for Implementation of the Rehabilitation Regime

1. Funding to ensure the implementation of the rehabilitation regime for officers and soldiers of the People's Public Security is provided from the state budget and allocated in the annual budget estimate of the Ministry of Public Security.

2. Management, distribution, use, settlement, and finalization of funding to ensure the implementation of the rehabilitation regime must comply strictly with the provisions of the State Budget Law and related implementing documents.

Chapter III

IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from November 19, 2020.

2. This Circular replaces Circular No. 05/TT dated April 3, 1972 of the Ministry of Public Security regarding certain rehabilitation regimes for officers and soldiers.

Article 13. Responsibility for Enforcement

1. The Health Department is responsible for leading, guiding, and inspecting the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities within their functions, duties, and authorities are responsible for organizing the implementation of this Circular.

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