Decree No. 114/2007/NĐ-CP on the allowance system for officials and employees working at facilities managing drug addicts, prostitutes, and post-detoxification individuals.

Article 1. Scope of application

This Decree stipulates allowance regimes for individuals working at facilities managing drug addicts, prostitutes, and former drug rehabilitation participants.

Article 2. Applicability

1. Officials, civil servants, and those employed under contract, transfer, or assignment for three months or more (hereinafter collectively referred to as officials and civil servants) engaged in management, professional, technical, and service work at facilities managing drug addicts, prostitutes, and former drug rehabilitation participants as specified in Clause 2 of this Article.

2. Facilities managing drug addicts, prostitutes, and former drug rehabilitation participants include:

a) Medical facilities established pursuant to Article 26 of the Ordinance on Administrative Violation Handling dated July 2, 2002;

b) Facilities organizing, managing, teaching vocational skills, and providing employment for former drug rehabilitation participants in localities approved by the Prime Minister to pilot projects according to Article 2 of Resolution No. 16/2003/QH11 dated June 17, 2003 of the National Assembly.

The facilities specified in points a and b of Clause 2 of this Article include Rehabilitation-Care-Education-Social Work Centers; facilities managing, teaching vocational skills, and providing employment for former drug rehabilitation participants (hereinafter collectively referred to as Centers).

3. State social welfare facilities do not apply the provisions of this Decree.

Article 3. Principles of application and calculation of allowances

1. Special attraction allowance: applicable to all officials and civil servants working at Centers as specified in Clause 1 of Article 2 of this Decree.

2. Professional preference allowance: applicable to officials and civil servants working in positions, standards, job contents, and working areas as prescribed by law.

3. Application principles:

a) Each official and civil servant may only enjoy one type of professional preference allowance with the highest rate prescribed in Clauses 1, 2, and 3 of Article 6 of this Decree;

b) The professional preference allowances prescribed in Clauses 1, 2, and 3 of Article 6 of this Decree are calculated based on the current salary grade plus leadership position allowance and seniority bonus (if any).

Article 4. Sources of funding

Funding for allowances for officials and civil servants as prescribed in this Decree shall be guaranteed from local government budgets outside the regular operating expenses of Centers; service supply and production labor; contributions from drug users and their families; and other lawful sources of income.

For the year 2007, People's Committees of provinces and centrally-administered cities shall aggregate the local budget expenditure for Centers to implement the allowance regime prescribed in this Decree into the local budget wage increase requirements and process it through the wage implementation fund as prescribed. From 2008 onwards, this local budget expenditure shall be allocated as additional regular operating expenses for Centers.

Article 5. Special Attraction Allowance

1. Officials and civil servants working at Centers shall receive a special attraction allowance with a minimum of VND 500,000 per person per month.

Chairpersons of People's Committees of provinces and centrally-administered cities shall specify specific rates appropriate to local government budgets; job characteristics, content, and working conditions of officials and civil servants; and the location of Centers (plain, mountainous, remote, and far-flung areas), but not less than VND 500,000 per person per month.

2. The Ministry of Labor, Invalids and Social Affairs shall take the lead, in coordination with the Ministry of Interior and the Ministry of Finance, to submit to the Prime Minister for adjustment of the special attraction allowance rate to suit each period.

Article 6. Current salary grade coefficient + leadership position allowance coefficient (if applicable) + percentage of seniority allowance exceeding the framework (if applicable)

1. Health Care Allowance:

a) A 70% allowance rate applies to medical professionals directly examining, treating, caring for, and testing drug addicts and prostitutes infected with AIDS stage IV;

b) A 60% allowance rate applies to medical professionals directly examining, treating, caring for, and testing drug addicts and prostitutes infected with AIDS stage III;

The clinical classification of AIDS stages IV and III as specified in point a and point b of Clause 1 of this Article shall be implemented according to the regulations of the Minister of Health.

c) A 50% allowance rate applies to medical professionals and those directly performing surveillance, protection, transportation, and service work for drug addicts and prostitutes infected with HIV/AIDS at Centers in mountainous, remote, and far-flung areas;

d) A 40% allowance rate applies to medical professionals and those directly performing surveillance, protection, transportation, and service work for drug addicts and prostitutes infected with HIV/AIDS at Centers in plains, cities, and towns;

đ) A 35% allowance rate applies to medical professionals and those directly serving drug addicts during detoxification and withdrawal treatment at Centers in mountainous, remote, and far-flung areas;

e) A 30% allowance rate applies to medical professionals and those directly serving drug addicts during detoxification and withdrawal treatment at Centers in plains, cities, and towns.

2. Education Allowance:

a) A 50% allowance rate applies to those directly teaching culture, behavior recovery education, personality development, and vocational skills to drug addicts, prostitutes, and HIV/AIDS-infected individuals at Centers in mountainous, remote, and far-flung areas;

b) A 40% allowance shall be applied to officials and employees directly teaching culture, behavioral rehabilitation education, character development, and vocational training for drug addicts, sex workers, and individuals infected with HIV/AIDS at centers located in plains, cities, and towns.

3. A 25% allowance shall be applied to officials and employees engaged in management work that does not involve direct medical expertise, cultural teaching, behavioral rehabilitation education, character development, and vocational training at centers located in mountainous areas, remote regions, and a 15% allowance shall be applied to officials and employees engaged in such work at centers located in plains, cities, and towns.

Article 7. Effectiveness

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Decision No. 25/2002/QĐ-TTg dated February 1, 2002 of the Government Chairman on certain treatment policies for officials working at establishments for treating violations under the Administrative Violation Handling Ordinance dated July 6, 1995 (now the Administrative Violation Handling Ordinance dated July 2, 2002) is hereby repealed.

3. For officials and employees who have been receiving allowances for detoxification treatment for drug addicts and examination and treatment allowances for drug addicts infected with HIV/AIDS according to Clause b and Clause c of Article 2 of Decision No. 25/2002/QĐ-TTg dated February 1, 2002 of the Government Chairman on certain treatment policies for officials working at establishments for treating violations under the Administrative Violation Handling Ordinance dated July 6, 1995, they shall be entitled to receive allowances according to the provisions of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for civil servants, public officials, and armed forces personnel from October 1, 2004.

Article 8. Implementation Guidance

The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Home Affairs and the Ministry of Finance to be responsible for guiding the implementation of this Decree.

Article 9. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.