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

JOINT CIRCULAR

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS - FINANCE

Guidelines for Implementing Certain Benefits and Policies for Staff Working at Healthcare Facilities Established Pursuant to the Administrative Offense Handling Ordinance dated July 6, 1995

Implementing Decision No. 25/2002/QĐ-TTg dated February 1, 2002 of the Prime Minister stipulating certain benefits and policies for staff working at healthcare facilities established pursuant to the Administrative Offense Handling Ordinance dated July 6, 1995. After receiving comments from the Government's Organizational and Cadre Board in Circular No. 58/BTCCBCP-TL dated May 9, 2002, the Ministry of Health in Circular No. 3707/YT-ĐTr dated May 15, 2002, the Ministry of Labor, Invalids and Social Affairs, theMinistry of Finance provide guidelines for implementation as follows:I. SPECIAL ALLOWANCE FOR OCCUPATIONAL CHARACTERISTICS

1. Recipients: staff currently working at healthcare facilities including: cadres, civil servants, and public officials within the staffing quota.

Staff transferred, detailed, and employees working under indefinite-term, fixed-term, or seasonal contracts for three months or more.

2. Allowance amount: ranging from 200,000 VND to 500,000 VND per staff member per month.

3. Principles for Determination: The special occupational allowance is a benefit policy providing incentives for staff working under conditions managing drug addicts, sex workers, and those infected with HIV/AIDS, with complex and dangerous tasks at healthcare facilities. The level of special occupational allowance is determined as follows:

3.1. Based on difficult and arduous working conditions, the complexity and danger of the work; the location of the healthcare facility (in plains, mountains, remote areas, islands); infrastructure, cultural living conditions, spiritual life, education, medical examination and treatment, etc., which are not fully equipped.

3.2. Based on positions or groups of positions that need encouragement, motivation, and attraction of dedicated staff with appropriate qualifications and practical experience to meet job requirements...

to ensure long-term employment at healthcare facilities. Based on the framework of allowances and the principles mentioned above, the Chairman of the People's Committee of provinces and centrally-administered cities shall decide a general allowance level for healthcare facilities or specify priority allowance levels for certain positions needed to attract and encourage staff to work at healthcare facilities.

II. SPECIAL ALLOWANCE FOR HEALTH PROFESSIONS

In addition, staff in health professions shall enjoy the following allowances:

1. On-call allowance:

The allowance of 7,000 VND per shift is applied according to Point 2, Article 1 of Decision No. 794/TTg dated December 5, 1995 of the Prime Minister stipulating certain special allowances for civil servants and public officials in the health sector for doctors, medical officers, technical officers, nurses, and attendants who must be on call outside regular hours 24/7 (after completing the standard working day, they must continue to be on call for 16 additional hours outside regular hours).

2. Detoxification allowance:

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

Medical examination and diagnosis, clinical laboratory tests, detoxification treatment, psychological and behavioral recovery, injection and distribution of medication;

Supporting drug addicts (performing tasks such as supervision, protection, transportation, care, feeding, bathing, and other related tasks);

3. Special allowance for hazardous occupations: An allowance of 40% of the salary grade (excluding other types of allowances) applies to specialized health professionals, including staff regularly directly involved in:

Medical examination and treatment of drug addicts, sex workers infected with HIV/AIDS;

Supporting drug addicts, sex workers infected with HIV/AIDS (performing tasks such as supervision, protection, transportation, care, feeding, and other related tasks).

III. SOURCES OF FUNDS AND METHODS OF PAYMENT

1. The funds for the allowances specified in Parts I

and II of this Joint Circular shall be guaranteed from local budgets, outside the regular operating budget of healthcare facilities; and from service provision, production labor, contributions from patients, and other humanitarian sources. 2. The allowances for civil servants and public officials specified 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. 1. The Department of Labor, Invalids and Social Affairs shall coordinate with the Department of Finance and Prices based on working conditions, organizational characteristics of labor at healthcare facilities, and the actual situation of the locality, to determine the special occupational allowance level and submit it to the Chairman of the People's Committee of the province or city for decision.

IV. IMPLEMENTATION

2. Annually, the Department of Labor, Invalids and Social Affairs shall guide healthcare facilities to prepare budgets for implementing and settling accounts for these allowances according to current state regulations. 3. This Joint Circular takes effect from February 16, 2002. All provisions contrary to this Joint Circular are abolished.

Any difficulties encountered during implementation should be reported to the relevant ministries for study and resolution./. The Department of Labor - War Invalids and Social Affairs shall guide healthcare facilities to prepare budgets for implementing expenditures and settling accounts for all allowances according to the current regulations of the State.

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

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