Joint Circular No. 12/TTLB-LDTBXH-TC guiding the allowance regime for persons admitted to medical facilities under Decree No. 20/CP dated April 13, 1996 of the Government promulgating the Rules on Medical Facilities under the Administrative Violation Handling Ordinance dated July 6, 1995.

CIRCULAR

OF THE MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS - FINANCE

Guidelines on the allowance system for persons admitted to treatment facilities under Decree No. 20/CP dated April 13, 1996

The Government issued regulations on treatment facilities pursuant to the Administrative Violation Handling Ordinance dated July 6, 1995

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Pursuant to Decree No. 20/CP dated April 13, 1996 of the Government promulgating the Rules on Treatment Facilities according to the Administrative Violation Handling Ordinance dated July 6, 1995; after exchanging opinions and reaching consensus with the Ministry of Health through Circular No. 3093/PC dated April 24, 1996. The Ministry of Labor - Invalids and Social Affairs - Finance hereby implements certain provisions regarding allowances for drug addicts and prostitutes at treatment facilities as follows:

 For office premises of agencies and units under the Ministry of Public Security and the Ministry of Defense, they shall be implemented according to separate guidelines issued by the Ministry of Public Security and the Ministry of Defense after consultation with the Ministry of Finance.

1. The subjects and scope of application of the allowances are those specified in Article 3 of the Rules on Treatment Facilities according to the Administrative Violation Handling Ordinance dated July 6, 1995.

2. The subjects and scope not subject to application are those specified in Article 26 of the Rules on Treatment Facilities according to the Administrative Violation Handling Ordinance dated July 6, 1995.

 Level 2: VND 120,000 per month, applicable to communes with regional allowances from 0.4 to 0.5 times the minimum wage.

1. Medication Allowance:

Drug addicts and prostitutes shall be provided medication allowance as follows:

1.1. Drug addicts: VND 250,000/person for the entire treatment period including: Detoxification medication, biological disorder medication, emergency medication, nutritional supplements (if necessary), and drug testing costs. (Among which, the maximum cost for detoxification medication does not exceed VND 70,000/person for the entire detoxification period).

1.2. Prostitutes: VND 80,000/person for the entire treatment period including medication for sexually transmitted diseases, general medication, and drug testing costs (if necessary).

2. Vocational Training Allowance:

Drug addicts and prostitutes who have no occupation or whose occupation is unsuitable shall be supported with vocational training funds amounting to VND 240,000/person for one course. These funds will only be supported once (the first time), and will not be supported for individuals entering treatment facilities from the second time onwards.

3. Personal Item Purchase Allowance:

Drug addicts and prostitutes with extremely difficult circumstances when admitted to treatment facilities shall be supported with VND 50,000/person for the entire purchase of essential personal items.

4. Food Allowance:

Drug addicts and prostitutes must pay for food at a rate of VND 84,000/month/person.

In cases of extremely difficult circumstances confirmed by the People's Committee of the commune or due to health conditions that prevent participation in labor or insufficient labor capacity, they will be supported with food expenses for the first three months at 70% of the minimum wage (VND 84,000/person/month). If there is still no other source of income to ensure living standards after that period, they will be supported with food expenses for the next three months at 50% of the minimum wage (VND 60,000/person/month).

5. Medical Expenses:

5.1. Drug addicts and prostitutes suffering from serious illnesses beyond the treatment capacity of the treatment facility and treated at state hospitals shall bear all medical expenses during hospitalization. In cases where medical expenses are excessively high and beyond the payment capacity of the individual, if the individual requests approval from the Director of the Department of Labor - Invalids and Social Affairs, they may be partially supported with medical expenses, but not exceeding 50% of the medical expenses the individual must pay. In cases of particularly difficult circumstances where the individual cannot afford to pay and requests approval from the Director of the Department of Labor - Invalids and Social Affairs, they will be fully supported with medical expenses during hospitalization.

Medical expenses include: General medication costs, hospital fees (if applicable), but the maximum expense does not exceed VND 500,000/person.

5.2. In cases where drug addicts or prostitutes admitted to treatment facilities suffer injuries due to work accidents, the treatment facility must bear responsibility for paying all medical expenses from initial rescue to stable recovery. The funding for this comes from the production fund of the treatment facility.

6. Travel and Transportation Allowance:

After completing their stay at the treatment facility, drug addicts and prostitutes with extremely difficult circumstances or without income from labor results at the treatment facility may be granted travel and transportation allowances by the Director of the treatment facility to return home or to their place of residence and reintegrate into society as follows:

6.1. Travel Allowance: The allowance is calculated at VND 10,000/day. The number of days eligible for allowance is based on the travel days of common means of transportation (car, train, boat) from the treatment facility to the place of residence of the individual. The maximum duration does not exceed 5 days.

6.2. Transportation Allowance: The allowance is calculated based on the fare of common means of transportation (car, train, boat, coastal ship) set by the State-owned transportation industry. In cases where there is no State-owned transportation available and private transportation must be used, the allowance will be paid based on the fare of one of the common State-owned transportation means, but the maximum allowance does not exceed VND 400,000/person (only provided once for return).

7. Funeral Expenses:

Drug addicts and prostitutes who die during their stay at the treatment facility without relatives or whose relatives could not arrive in time, or who died due to work accidents, the person responsible for burial will be provided with funeral expenses of VND 960,000/person.

 III. SOURCES OF FUNDS AND DISTRIBUTION, SETTLEMENT OF FUNDS:

1. Funding sources:

The sources of funds ensuring the allowance systems stipulated in Points 1, 2, 3, 4, 5.1, 6, and 7 of Section II are covered by the annual budget plan approved for localities and sectors participating in Programs 05/CP and 06/CP, and are managed and utilized according to Circular No. 39/TT-LB dated May 15, 1995 of the Ministry of Finance - Ministry of Labor - Invalids and Social Affairs and Circular No. 78/TT-LB dated September 11, 1994 of the Ministry of Finance - Committee for Ethnic Minorities and Mountainous Areas, and other current regulations.

Treatment Facilities are responsible for organizing labor production and creating job opportunities for drug addicts and sex workers to restore physical strength, work capacity, and ensure their livelihood. For newly established Treatment Facilities that have not yet stabilized operations, created jobs for drug addicts and sex workers, and have no income sources to ensure their livelihoods, the Department of Labor, Invalids, and Social Affairs shall prepare documents to submit to the People's Committee of the province or centrally governed city for financial support during the initial phase (maximum duration not exceeding three years).

2. Allocation and settlement of funds:

Units receiving funding from Programs 05/CP and 06/CP shall implement according to the current regulations of the Ministry of Finance, the Ministry of Labor, Invalids, and Social Affairs, and the Committee for Ethnic Minorities and Mountainous Areas. At the end of each year, the Department of Labor, Invalids, and Social Affairs and the Department of Finance shall compile this portion of the funds and report it to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.

 V. IMPLEMENTATION:

1. Annually, based on the subsistence allowance for drug addicts and sex workers, the number of individuals admitted to Treatment Facilities, and the local social evil prevention and control plan, Treatment Facilities shall develop a budget plan according to the expenditure items and cost standards and report it to the Department of Labor, Invalids, and Social Affairs.

2. Annually, the Department of Labor, Invalids, and Social Affairs shall aggregate and develop a social evil prevention and control plan including a budget plan for Treatment Facilities and report it to the People's Committee of the province or centrally governed city for approval and inclusion in the local socio-economic plan, while simultaneously submitting it to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.

3. National programs (drug abuse prevention and control, prostitution prevention and control), based on program objectives and implementation plans; characteristics of the social evil situation and budget capacity at the local level, shall provide financial support for social evil prevention and control at the local level, including funding for Treatment Facilities.

This Circular takes effect from the date of signature; all previous provisions contrary to this Circular are hereby abolished.

Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance for consideration and resolution.