Circular No. 109/2014/TT-BQP guiding the implementation of certain special allowances for military personnel, defense workers, and those working under labor contracts in military healthcare facilities and anti-epidemic allowances.

CIRCULAR

Guidelines for Implementing Certain Special Allowance Regimes for Military Personnel, Defense Workers, and Laborers Under Employment Contracts in Military Healthcare Facilities and Anti-Epidemic Allowances

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;

Pursuant to Decision No. 73/2011/QĐ-TTg dated December 28, 2011 of the Prime Minister on certain special allowance regimes for civil servants, public officials, and workers in public healthcare facilities and anti-epidemic allowances (hereinafter referred to as Decision No. 73/2011/QĐ-TTg);

Considering the proposal of the Director of the Political General Department,

The Minister of National Defense issues guidelines for implementing certain special allowance regimes for military personnel, defense workers, and laborers under employment contracts in military healthcare facilities and anti-epidemic allowances as follows:

Article 1. Scope of Regulation

1. These Circulars guide the implementation of the regular duty allowance, surgical allowance, and procedural allowance for military personnel, defense workers, and laborers under employment contracts in military healthcare facilities and anti-epidemic allowances.

2. Military healthcare facilities include:

a) Military hospitals, military-civilian hospitals, research institutes with hospital beds (hereinafter collectively referred to as hospitals);

b) Military Forensic Institute;

c) Military Preventive Medicine Institute, Southern Preventive Medicine Center, Preventive Medicine Teams under various military regions and corps (hereinafter collectively referred to as preventive medicine facilities);

d) Treatment teams, military medical battalions, military medical companies, military medical dispensaries, military-civilian medical dispensaries;

đ) Military medical teams with inpatient beds; emergency standby units of military medical services with inpatient beds.

Article 2. Applicability

1. Officers, professional soldiers, non-commissioned officers, enlisted personnel, defense workers, and laborers under employment contracts who have been assigned salaries according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, public officials, and armed forces personnel in military healthcare facilities.

2. Members of anti-epidemic steering committees at all levels; collaborators and volunteers mobilized to participate in anti-epidemic activities by competent authorities.

Article 3. Regular Duty Allowance System

1. Principles for Implementing the Regular Duty System

Implemented in accordance with Clause 1, Article 2 of Decision No. 73/2011/QĐ-TTg.

2. Workforce Standards During Shifts

The workforce standards during shifts specified below represent the highest standards. Units shall determine the number of people per shift based on bed capacity usage; specifically as follows:

a) For hospitals that have been ranked according to the Ministry of National Defense's decision or those not yet ranked, implement workforce standards during a shift as stipulated in Point a, Clause 2, Article 2 of Decision No. 73/2011/QĐ-TTg.

b) Military Forensic Institute: 03 people/shift.

c) For treatment teams, military medical battalions, military medical companies, military medical dispensaries, military-civilian medical dispensaries:

- Less than 10 beds: 02 people/shift;

- From 10 beds to less than 20 beds: 03 people/shift;

- 20 beds or more: 05 people/shift.

d) For preventive medicine facilities:

- Military Preventive Medicine Institute; Southern Preventive Medicine Center: 03 people/shift;

- Preventive Medicine Teams under various military regions and corps: 02 people/shift.

đ) Military medical teams with inpatient beds; emergency standby units of military medical services with inpatient beds: 01 person/shift.

3. Regulations for Participants in Regular Duty

a) Regular Duty Allowance

- Individuals participating in 24/24-hour duty at military healthcare facilities shall be entitled to the following regular duty allowance rates:

+ For special class and first-class hospitals: Rate of 115,000 VND/person/shift.

+ For second-class hospitals; Military Preventive Medicine Institute, Southern Preventive Medicine Center, Military Forensic Institute: Rate of 90,000 VND/person/shift.

+ For hospitals; preventive medicine teams under various military regions and corps, and other military healthcare facilities with a scale of 20 beds or more: Rate of 65,000 VND/person/shift.

+ For remaining military healthcare facilities: Rate of 25,000 VND/person/shift.

- The regular duty allowance rate in intensive care units and special care areas within military healthcare facilities is calculated at 1.5 times the standard rate in ordinary areas of facilities of the same category; duty on weekly rest days is calculated at 1.3 times the standard rate; duty on holidays and Tet is calculated at 1.8 times the standard rate.

Intensive care units and special care areas are defined as follows:

+ Intensive care units include: Intensive Care Unit (including intensive care units in other departments); Anesthesia and Intensive Care Unit; Intensive Treatment Unit; Emergency Retention Unit; Poison Control Unit; Stroke Unit.

+ Special care areas include: Central Health Care and Protection Department (All) at Central Military Hospital 108, Military Hospital 175, Military Traditional Medicine Institute; neonatal intensive care units in special class and first-class hospitals; acute mental health care units in hospitals.

Example 1: Doctor Tran Van A works in the Cardiology Department of a first-class hospital and is assigned 24/24-hour duty. Doctor A's regular duty allowance is as follows:

- On regular days: 115,000 VND.

- On Saturdays and Sundays: 149,500 VND (115,000 VND x 1.3).

Example 2: Doctor Nguyen Van B works in the Intensive Care Unit of a special class hospital and is assigned 24/24-hour duty. Doctor B's regular duty allowance is as follows:

- On regular days: 172,500 VND (115,000 VND x 1.5).

- On Saturdays and Sundays: 224,250 VND (172,500 VND x 1.3).

- On holidays and Tet: 310,500 VND (172,500 VND x 1.8).

Example 3: Doctor Nguyen Van C works in the Gastroenterology Department of a second-class hospital and is assigned 16/24-hour duty. Doctor C's regular duty allowance is as follows:

- On regular days: 67,500 VND (90,000 VND x 0.75).

- On Saturdays and Sundays: 87,750 VND (67,500 VND x 1.3).

- On holidays and Tet: 121,500 VND (67,500 VND x 1.8).

b) Individuals participating in 24/24-hour duty shall be provided meal allowances and compensatory leave as stipulated in Points b and c, Clause 3, Article 2 of Decision No. 73/2011/QĐ-TTg.

c) Persons mobilized to work during compensatory rest time shall be arranged for compensatory rest at another time, decided by the Head of the agency or unit.

Article 4. Subsidy System for Epidemic Prevention

1. The subsidy system for epidemic prevention and the on-duty subsidy for members of the Anti-Epidemic Steering Committee at all levels; cooperators and volunteers; persons directly involved in examining, diagnosing, and treating infectious disease patients at infectious disease medical facilities within the Military shall be implemented according to the provisions of Article 3 of Decision No. 73/2011/QĐ-TTg.

2. The list of Group B and Group C infectious diseases that persons directly involved in examining, diagnosing, and treating at infectious disease medical facilities within the Military are entitled to receive the epidemic prevention subsidy shall be implemented according to the regulations of the Ministry of Health.

The list of Group B infectious diseases shall be implemented according to the provisions set out in Appendix 01 issued together with Circular Joint Circular No. 10/2014/TTLT-BYT-BNV-BTC-BLDTBXH dated February 26, 2014, of the Ministry of Health, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decision No. 73/2011/QĐ-TTg (attached to this Circular).

3. Infectious disease medical facilities within the Military include: specialized hospitals for infectious diseases; infectious disease departments within hospitals and other healthcare facilities with the responsibility to examine and treat infectious diseases, which are mobilized by the competent Anti-Epidemic Steering Committee when there is an epidemic.

4. The duration of the epidemic prevention subsidy is the actual number of days spent examining, diagnosing, and treating infectious disease patients at infectious disease medical facilities according to the list issued by the Ministry of Health, from the date the competent authority announces the epidemic until the announcement of the end of the epidemic.

Article 5. Subsidy System for Surgical and Medical Procedures

Implemented according to the provisions of Article 4 of Decision No. 73/2011/QĐ-TTg.

Article 6. Principles and Responsibility for Payment

1. Payment Principles

Implemented according to the provisions of Clause 1, Clause 2, and Clause 3 of Article 5 of Decision No. 73/2011/QĐ-TTg.

2. Responsibility for payment

a) Agencies and units responsible for paying the special allowance stipulated in Decision No. 73/2011/QĐ-TTg and guided by this Circular to the subjects under their management.

b) The payment of the epidemic prevention subsidy for members of the Anti-Epidemic Steering Committee at all levels; cooperators and volunteers participating in epidemic prevention activities within the Military shall be paid by the Office of the Anti-Epidemic Steering Committee or the agency or unit assigned the task of on-duty epidemic prevention.

Article 7. Sources of funds for implementation

1. Funding for implementing the on-duty allowance and surgical and medical procedure allowance at medical facilities within the Military for those performing on-duty tasks within the staffing quota specified in Decision No. 73/2011/QĐ-TTg, this Circular, and the bed quota for treatment of Category A subjects as prescribed by the Ministry of National Defense shall be guaranteed by the State budget according to the Law on State Budget and recorded as follows:

- Funding for implementing the on-duty allowance shall be recorded under Item 6100, Sub-item 6114, Detail Item 00, Sector 00.

- Funding for implementing the surgical and medical procedure allowance shall be recorded under Item 6100, Sub-item 6116, Detail Item 60, Sector 00.

2. Funding for implementing the on-duty allowance and surgical and medical procedure allowance for those performing on-duty tasks outside the staffing quota; examination and treatment under health insurance and services shall be self-balanced by the unit.

3. The incorporation of special allowance payment costs into the price of medical services shall be carried out according to the guidance provided in Article 4 of Joint Circular No. 10/2014/TTLT-BYT-BNV-BTC-BLDTBXH dated February 26, 2014, of the Ministry of Health, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids and Social Affairs.

4. Medical facilities within the Military, in addition to using the state budget within the allocated bed quota according to the regulations of the Ministry of National Defense, may also use self-generated revenue to pay the on-duty allowance and surgical and medical procedure allowance as stipulated in Clause 1 of Article 6 of Decision No. 73/2011/QĐ-TTg. In cases where medical facilities have not been authorized to incorporate the on-duty allowance and surgical and medical procedure allowance into the service fee for medical examination and treatment (or not fully incorporated), after utilizing the allocated bed quota revenue and self-generated revenue but still unable to ensure funding to implement the allowances stipulated in Articles 2 and 4 of Decision No. 73/2011/QĐ-TTg, supplementary funding from the state budget will be provided according to the current budget allocation hierarchy.

5. Funding for implementing the epidemic prevention allowance shall be guaranteed by the state budget according to the current regulations on budget management hierarchy and recorded under Item 6100, Sub-item 6114, Detail Item 00, Sector 00.

Article 8. Responsibilities of agencies and units

1. Functional agencies of the Ministry of National Defense

a) Policy Department/TCCT

Shall take the lead and coordinate with functional agencies of the Ministry of National Defense to direct, guide, and inspect the implementation; resolve any difficulties and issues arising during the organization and implementation of the system and policies stipulated in Decision No. 73/2011/QĐ-TTg and this Circular; periodically compile and report the results of implementation to the Head of the Ministry of National Defense every six months and annually.

b) Military Medical Service/BQP

- Based on the classification of surgeries and procedures by the Ministry of Health; the list of procedures eligible for procedure allowance and staffing quotas for each surgery and procedure to guide the implementation for medical facilities within the Military.

- Shall take the lead and coordinate with functional agencies to submit to the Head of the Ministry of National Defense for issuance of regulations on the authority to declare epidemics and the end of epidemics; establishment of Anti-Epidemic Steering Committees at all levels and mobilization of human resources for epidemic prevention within the Military. Coordinate with functional agencies of the Ministry of National Defense to guide and inspect the implementation of the system and policies stipulated in Decision No. 73/2011/QĐ-TTg and this Circular.

c) Military Personnel Department/BTTM, Cadre Department/TCCT

Shall take the lead and coordinate with functional agencies of the Ministry of National Defense to establish and adjust bed quotas for medical facilities within the Military when there are changes in tasks; coordinate to guide and inspect the implementation of the system and policies stipulated in this Circular.

d) Directorate of Finance/MoD

- Take the lead in coordinating with competent agencies under the Ministry of National Defense to review and consolidate financial requirements; inspect, supervise, and settle accounts for the implementation of allowances prescribed in Decision No. 73/2011/QĐ-TTg and this Circular, report to the head of the Ministry of National Defense to request the Ministry of Finance to ensure according to the provisions of the State Budget Law.

- Coordinate with competent agencies of the Ministry of National Defense to inspect and resolve arising issues.

2. Agencies and units under the Ministry

a) Direct subordinate agencies, units, and healthcare facilities to thoroughly understand, implement, and organize the execution of regulations and policies stipulated in Decision No. 73/2011/QĐ-TTg and this Circular.

b) Approve staffing levels for on-call shifts at subordinate healthcare facilities; issue rules and organize on-call shift assignments as prescribed.

c) Prepare budgets and settle accounts for financial expenditures of subordinate units, report to the Ministry of National Defense (through the Directorate of Finance and the Directorate of Military Medicine) in accordance with the State Budget Law.

d) Direct the Political Department (the Policy Office serves as the permanent body), coordinate with functional agencies (Military Medicine, Cadres, Logistics, Finance) to guide and manage the implementation of this Circular.

đ) Regularly inspect and supervise implementation; proactively resolve arising issues; periodically summarize and report results every six months and annually to the Ministry of National Defense (through the Policy Directorate and the Directorate of Military Medicine).

Article 9. Effective Date

1. This Circular takes effect from October 6, 2014, and replaces Circular No. 294/2003/TT-BQP dated December 23, 2003, issued by the Ministry of National Defense guiding the implementation of special allowances for military personnel, civil servants, and professional military medical staff.

2. The special allowances prescribed in this Circular shall be enjoyed from February 15, 2012.

a) For cases already receiving regular duty allowances and surgical allowances as stipulated in Decision No. 155/2003/QĐ-TTg, they shall enjoy the additional difference in allowance amounts compared to those prescribed in Decision No. 73/2011/QĐ-TTg.

b) Based on guidance provided in Article 6 of Joint Circular No. 10/2014/TTLT-BYT-BNV-BTC-BLDTBXH dated February 26, 2014, issued by the Ministry of Health, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Labor, Invalids, and Social Affairs attached to this Circular, agencies and units shall report increased financial needs to implement Decision No. 73/2011/QĐ-TTg; upon approval by the competent authority, disbursements shall be made to beneficiaries.

3. For hospitals that have established staffing organization charts specifying the number of Class A beds, they shall implement on-call shift standards as prescribed in Decision No. 73/2011/QĐ-TTg and guided in this Circular. In cases where such staffing organization charts have not been established, current staffing charts shall apply.

4. Personnel working at healthcare facilities under the Government Cryptographic Service shall implement allowances prescribed in Decision No. 73/2011/QĐ-TTg and this Circular.

Article 10. Responsibility for Implementation

1. The Chief of General Staff, Director of the General Political Department, Heads of agencies and units, and individuals concerned are responsible for implementing this Circular.

2. During the implementation process, if any issues arise, agencies and units shall report them to the Ministry of National Defense (through the Policy Directorate/TCCT) for consideration and resolution./.