Joint Circular No. 12/2002/TTLT/BLDTBXH-BTC guides the implementation of certain remuneration policies for staff working at healthcare facilities established under the Administrative Violation Handling Ordinance dated July 6, 1995.

JOINT CIRCULAR

JOINT GUIDELINE NO. 12/2002/TTLT/BLDTBXH-BTC OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS AND THE MINISTRY OF FINANCE ON GUIDELINES FOR IMPLEMENTATION OF CERTAIN REGIMES AND POLICIES FOR STAFF WORKING AT TREATMENT CENTERS ESTABLISHED IN ACCORDANCE WITH THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE OF JULY 6, 1995

Pursuant to Decision No. 25/2002/QĐ-TTg dated February 1, 2002 of the Prime Minister on certain regimes and policies for staff working at treatment centers established in accordance with the Administrative Violation Handling Ordinance of July 6, 1995. After receiving comments from the Government’s Organizational and Cadre Board in Circular No. 58/BTCCBCP-TL dated May 9, 2002, and the Ministry of Health in Circular No. 3707/YT-ĐTr dated May 15, 2002, the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance hereby provide guidance as follows:

I. SPECIAL ALLOWANCES FOR OCCUPATIONAL CHARACTERISTICS:

1. Recipients: staff working at treatment centers including:

- Civil servants and public officials within the authorized staffing quota.

- Staff transferred, detailed, or employed under labor contracts (of indefinite term, fixed term, or seasonal/temporary work) for three months or more.

2. Amount of allowance: ranging from VND 200,000 to VND 500,000 per staff member per month.

3. Principles for determination: special allowances for occupational characteristics are incentive policies for staff working under conditions managing drug addicts, sex workers, and those infected with HIV/AIDS, with complex and dangerous job contents at treatment centers. The amount of special allowances for occupational characteristics shall be determined as follows:

3.1. Based on difficult and harsh working conditions, the complexity and danger of the job; the location of the treatment center (in plains, mountains, remote areas, islands); infrastructure, cultural, spiritual, educational, medical examination, and treatment conditions that are not fully equipped.

3.2. Based on positions or groups of positions that need encouragement, motivation, and attraction of dedicated staff with qualifications and experience meeting the requirements of the position and willing to work long-term at the treatment center.

Based on the framework of allowance amounts and the principles stated above, the Chairman of the People's Committee of the province or centrally governed city shall decide a general allowance level for the treatment center or specify preferential allowance levels for certain positions that need to attract and encourage staff to work at the treatment center.

II. SPECIAL ALLOWANCES FOR HEALTH PROFESSIONALS:

In addition to the allowances mentioned above, health professionals shall also enjoy the following allowances:

1. On-call Allowance:

The allowance of VND 7,000 per shift is applied according to Point 2, Article 1 of Decision No. 794/TTg dated December 5, 1995 of the Prime Minister on certain special allowances for civil servants and public officials in the health sector who must work on call outside regular hours (after completing the standard daily working hours, they must work an additional 16 hours on call).

2. Detoxification Treatment Allowance:

An allowance of 20% of the salary grade and step is applied to health civil servants and public officials directly involved in detoxification treatment and detoxification for 10 to 20 days for drug addicts (including staff directly serving detoxification treatment for drug addicts):

- Conducting medical examinations, diagnosing, performing clinical laboratory tests, detoxification treatment, psychological and behavioral recovery, administering and distributing medication;

- Serving drug addicts (performing tasks such as supervision, protection, transportation, care, feeding, administering medication, bathing, and other tasks directly related to drug addicts).

3. Special Allowance for Particularly Dangerous Occupations:

An allowance of 40% of the salary grade and step (excluding other types of allowances) is applied to health professionals, including staff directly involved on a regular basis;

- Conducting medical examinations and treating drug addicts, sex workers infected with HIV/AIDS;

- Serving drug addicts and sex workers infected with HIV/AIDS (performing tasks such as supervision, protection, transportation, care, feeding, administering medication).

III. SOURCES OF FUNDS AND METHODS OF PAYMENT

1. The funds for the allowances stipulated in Parts I and II of this Circular shall be guaranteed by local budgets, outside the regular operating budget of the treatment centers; and from service provision, production labor, contributions from the target group, and other humanitarian sources.

2. The allowances for civil servants and public officials stipulated in Parts I and II above shall be paid monthly along with salaries, and shall not be used to calculate social insurance, health insurance, and other contributions.

IV. IMPLEMENTATION ORGANIZATION:

1. The Department of Labor, Invalids and Social Affairs shall coordinate with the Department of Finance and Price Control to determine the special allowances based on the working conditions, organizational characteristics of labor at the treatment centers, and the actual situation of the locality, and submit them to the Chairman of the Provincial People's Committee for decision.

2. Annually, the Department of Labor, Invalids and Social Affairs shall guide the treatment centers to prepare budgets for implementing and settling accounts for these allowances according to current State regulations.

3. This Circular takes effect from February 16, 2002. Any provisions contrary to this Circular are abolished.

Any difficulties encountered during implementation should be reported to the joint ministries for study and resolution.