Joint Circular No. 13/2007/TTLT-BLDTBXH-BNV-BTC guiding the implementation of allowances for cadres and civil servants working at facilities managing drug addicts, sex workers, and individuals post-drug rehabilitation.

JOINT CIRCULAR

Guidelines on allowances for cadres and civil servants working at facilities managing drug addicts, prostitutes, and post-detoxification individuals

management of drug addicts, prostitutes, and former drug rehabilitation subjects

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Pursuant to Decree No. 114/2007/NĐ-CP dated July 3, 2007 of the Government stipulating allowances for cadres and civil servants working at facilities managing drug addicts, prostitutes, and post-detoxification individuals (hereinafter referred to as Decree No. 114/2007/NĐ-CP).

After receiving comments from the Ministry of Education and Training through Circular No. 8326/BGDĐT-HSSV dated August 8, 2007, the Ministry of Health through Circular No. 5576/BYT-TTr dated August 9, 2007, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Home Affairs, and the Ministry of Finance hereby provide guidance as follows:

I. SCOPE AND OBJECTS

1. Scope and Applicability:

a) Personnel working at facilities managing drug addicts, prostitutes, and post-detoxification individuals who will benefit from allowances under this Circular include:

Cadres and civil servants; those in probationary periods; those working under indefinite-term labor contracts, definite-term labor contracts of three months or more, and those seconded or detailed for three months or more to work at such facilities (hereinafter collectively referred to as cadres and civil servants).

b) Facilities managing drug addicts, prostitutes, and post-detoxification individuals mentioned in point a, Clause 1 above include:

- Medical establishments established pursuant to Article 26 of the Administrative Violation Handling Ordinance dated July 2, 2002;

- Establishments organizing management, vocational training, and job placement for post-detoxification individuals 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 point b, Clause 1 above include Rehabilitation Centers for Treatment-Education-Social Work; establishments managing, providing vocational training, and job placement for post-detoxification individuals (hereinafter collectively referred to as Centers).

2. Non-applicable Subjects:

a) Personnel working under seasonal labor contracts or specific tasks with a duration of less than three months;

b) Those seconded or detailed for less than three months;

c) Personnel working at state social welfare facilities.

II. PRINCIPLES OF APPLICATION

1. The workplace of cadres and civil servants serving as the basis for implementing allowances under this Circular shall be determined based on the location of the Center according to the following principles:

a) For workplaces in mountainous areas, the regulations of the Ethnic Minorities Committee shall apply;

b) For workplaces in remote and far-flung areas, the regulations of the provincial or centrally-administered municipal People's Committees applying to the health and education sectors in the same area shall apply.

2. Cadres and civil servants holding managerial positions at Centers but spending time directly engaged in medical, educational, or vocational training work shall be entitled to health or education allowances.

3. Cadres and civil servants eligible for both health and education allowances shall only receive the higher of the two allowances.

4. Health allowances, education allowances, and allowances for cadres and civil servants engaged in management work without direct involvement in medical, cultural, behavioral rehabilitation, or vocational training work as stipulated in this Circular shall be calculated based on their current salary grade plus leadership position allowance and seniority bonus exceeding the ceiling (if applicable).

5. Cadres and civil servants shall not be entitled to allowances under this Circular during the following periods:

- Time spent abroad on official duties, work, or study receiving 40% of the salary prescribed in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, and military personnel;

- Time spent on domestic official duties or study not directly related to the work of the Center for three months or more continuously;

- Continuous leave without pay for one month or more;

- Time off due to illness or maternity leave exceeding the period prescribed by laws on social insurance;

- Time suspended from work or unable to perform Center-related tasks as prescribed by law.

III. ALLOWANCES AND CALCULATION METHODS

1. Special attraction allowance:

a) Cadres and civil servants specified in point a, Clause 1, Section I of this Circular shall receive a special attraction allowance, with a minimum of 500,000 VND per person per month.

b) The specific level of the special attraction allowance applicable to each Center (a common allowance for all cadres and civil servants or different levels for certain positions or groups of positions with relevant training qualifications) shall be decided by the Chairman of the provincial or centrally-administered municipal People's Committee based on the following criteria:

- Local budget capacity;

- Difficult and harsh working conditions, complex nature of work, danger, high risk of infection, and other risks;

- Workplace locations of cadres and civil servants at the Center (plain areas, mountainous areas, remote and far-flung areas, economically and socially disadvantaged areas, and extremely disadvantaged areas);

- Content of work, specialties, and skills that need encouragement, motivation, and attraction to ensure cadres and civil servants remain committed to working at the Center.

2. Health preference allowance:

The health preference allowance includes six levels: 70%, 60%, 50%, 40%, 35%, and 30% and shall be implemented as follows:

a) Medical staff directly involved in examining, treating, caring for (serving meals, administering medication), and testing drug addicts and prostitutes with AIDS at Centers with separate zones:

- Classified as clinical stage IV, they shall receive a 70% allowance;

- Classified as clinical stage III, they shall receive a 60% allowance;

Clinical classification of AIDS stages IV and III shall be carried out in accordance with Decision No. 06/2005/QĐ-BYT dated March 7, 2005 of the Minister of Health on issuing guidelines for diagnosis and treatment of HIV infection.

In cases where Centers have not established separate zones based on clinical stages, the provisions of point b, Clause 2 shall apply.

b) Medical staff directly engaged in medical work (diagnosis, treatment, care, psychological recovery counseling, behavior change for drug addicts and sex workers infected with HIV/AIDS) and staff directly involved in supervising, protecting, transporting, and serving drug addicts and sex workers infected with HIV/AIDS (including management, treatment at hospitals, intervention during fights, disciplinary actions, ward cleaning, environmental sanitation) at Centers:

- Centers located in mountainous, remote, and far-flung areas shall receive a rate of 50%;

- Centers located in plains, cities, and towns shall receive a rate of 40%;

c) Medical staff directly engaged in diagnosis and clinical laboratory testing during detoxification and withdrawal treatment for drug addicts (including health and psychological recovery, behavior change; administering and distributing medication) and staff directly involved in serving (supervising, protecting, transporting, caring, feeding, administering medication, bathing, ward cleaning, environmental sanitation, and other related tasks during detoxification and withdrawal treatment for drug addicts) at Centers:

- Centers located in mountainous, remote, and far-flung areas shall receive a rate of 35%;

- Centers located in plains, cities, and towns shall receive a rate of 30%;

3. Educational incentive allowance:

a) The educational incentive allowance includes two rates of 50% and 40%, applicable to staff working at Centers that meet the following conditions:

- For cultural education activities, behavioral rehabilitation, and character development, classes must be organized with equipment, programs, and materials; staff must enhance their qualifications and receive professional training according to regulations;

- For vocational training activities, practical training facilities must be provided; environmental, hygiene, and occupational safety conditions must be ensured, and registration for vocational training activities must be completed; staff must receive training and skill development according to regulations on vocational teacher utilization and training.

b) Based on the conditions specified in point a of Clause 3 herein, staff will receive the educational incentive allowance as follows:

Staff directly assigned to teach culture, behavioral rehabilitation, and character development to drug addicts, sex workers, and HIV/AIDS patients (including maintaining internal affairs, monitoring ideological developments, intervening during fights, disciplinary actions, preventing illegal activities) in management units or Centers, and staff assigned to provide vocational training to drug addicts, sex workers, and HIV/AIDS patients in vocational training and production activities at Centers:

- Centers located in mountainous, remote, and far-flung areas shall receive a rate of 50%;

- Centers located in plains, cities, and towns shall receive a rate of 40%;

4. Incentive allowance for administrative staff:

Administrative staff not directly engaged in medical work, cultural education, behavioral rehabilitation, and vocational training at Centers shall receive the following incentive allowance:

- Centers located in mountainous, remote, and far-flung areas shall receive a rate of 25%;

- Centers located in plains, cities, and towns shall receive a rate of 15%.

5. Calculation of allowances:

The allowance provisions stipulated in Clauses 2, 3, and 4 of Section III shall be calculated using the following formula:

Monthly special allowance amount = Minimum wage level X [Current grade salary coefficient + leadership position allowance coefficient + % (according to coefficient) of seniority allowance exceeding the standard range (if applicable)] X Percentage rate of special allowance received

IV. SOURCE OF FUNDS AND PAYMENT METHODS FOR ALLOWANCES

1. For the year 2007, provincial People's Committees shall aggregate the local budget funds allocated to Centers to implement the allowance system under this Circular (for the special attraction allowance totaling 500,000 VND/person/month) into the local budget salary increase requirements and process it through the salary implementation source as prescribed.

From 2008 onwards, the funding for implementing the allowance system stipulated in this Circular shall be guaranteed from the local budget, service and production revenue of Centers, contributions from drug addicts, sex workers, and post-detoxification individuals, and other lawful revenues. The portion funded from the local budget shall be included in the annual budget allocation for Centers.

2. The establishment, consolidation, decision-making, allocation, execution, and settlement of accounts for the funds implementing the allowance systems stipulated in this Circular shall comply with the State Budget Law and guiding documents.

The special attraction allowance shall be recorded in item 102, sub-item 02 of the current State Budget Classification corresponding to the chapter, type, and section.

The professional incentive allowance shall be recorded in item 102, sub-item 08 of the current State Budget Classification corresponding to the chapter, type, and section.

3. The allowances for staff stipulated in this Circular shall be paid together with monthly salaries and shall not be used to calculate social insurance and health insurance contributions or benefits.

V. IMPLEMENTATION

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

The Circular Jointly Issued No. 12/2002/TTLT/BLĐTBXH-BTC dated July 12, 2002, by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance, guiding the implementation of certain policies for staff working at treatment centers established under the Administrative Violation Handling Ordinance dated July 6, 1995, is hereby abolished.

The allowance systems stipulated in this Circular shall be calculated from the date the Decree No. 114/2007/NĐ-CP takes effect (August 8, 2007).

2. For officials and civil servants who have already received the allowance for detoxification treatment for drug addicts and the special allowance for hazardous professions as stipulated in Clause 2 and Clause 3 of Section II of Circular Jointly Issued No. 12/2002/TTLT/BLDTBXH-BTC dated July 12, 2002 by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance guiding the implementation of certain policies for officials working at establishments for treating administrative offenses established under the Administrative Offense Handling Ordinance on July 6, 1995, from October 1, 2004 to August 7, 2007, they shall be entitled to the difference (if any) between the medical allowance calculated based on the general minimum wage level during each period according to the guidance in this Circular and the allowance(s) they have already received (one or both allowances) as specified in Circular Jointly Issued No. 12/2002/TTLT/BLDTBXH-BTC mentioned above.

Examples of how to calculate the professional preference allowance are provided in the Appendix attached to this Circular.

During the implementation process, if there are any difficulties, please report them to the Ministry of Labor, War Invalids and Social Affairs for coordination with the Ministry of Home Affairs and the Ministry of Finance to study and resolve.