Joint Circular No. 135/2007/TTLT-BQP-BYT-BTC guides the implementation of certain provisions of Decree No. 153/2006/NĐ-CP regarding medical examination and treatment, and material standards for healthcare for personnel engaged in confidential work; mandatory health insurance for the dependents of personnel engaged in confidential work.

JOINT CIRCULAR

Guidelines for implementing certain provisions of Decree No. 153/2006/NĐ-CP dated December 22, 2006 of the Government on medical examination and treatment and material standards for health care for personnel engaged in confidential work; compulsory health insurance for relatives of personnel engaged in confidential work

Pursuant to Decree No. 153/2006/NĐ-CP dated December 22, 2006 of the Government on medical examination and treatment and material standards for health care for personnel engaged in confidential work; compulsory health insurance for relatives of personnel engaged in confidential work;

The Ministry of National Defense, the Ministry of Health, and the Ministry of Finance hereby jointly issue the following guidelines:

Article 1. Scope of Application

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This Circular provides guidance on medical examination and treatment and material health care standards for personnel engaged in confidential work as prescribed for officers and non-commissioned officers of the People's Army of Vietnam, and the implementation of compulsory health insurance for relatives of personnel engaged in confidential work.

Article 2. Definitions

I. SCOPE OF REGULATION AND APPLICABLE OBJECTS

Clause 1. Personnel engaged in confidential work (hereinafter referred to as confidential personnel) are officers and non-commissioned officers working at the General Confidential Service Department; confidential personnel receiving salaries according to the officer rank pay scale of the People's Army of Vietnam, or the non-commissioned officer pay scale of the People's Army of Vietnam, working at the General Confidential Service Department and other Ministries, sectors, provinces, and centrally governed cities.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Clause 2. Other personnel in confidential organizations receiving salaries according to civil service grades and ranks and entitled to national defense-security allowances shall be subject to medical examination and treatment as other defense civil servants with the same grade and rank.

Clause 3. Confidential students receiving living expense subsidies and responsibility protection allowances for confidential cipher security (coefficient 0.1) shall be subject to medical examination and treatment as lower-ranking officers and soldiers of the People's Army of Vietnam.

Clause 4. Relatives of officers working at the General Confidential Service Department; relatives of confidential personnel receiving salaries according to the officer rank pay scale of the People's Army of Vietnam, working at the General Confidential Service Department and other Ministries, sectors, provinces, and centrally governed cities not participating in other compulsory health insurance schemes, shall be eligible for medical examination and treatment as stipulated in Decree No. 153/2006/NĐ-CP dated December 22, 2006 of the Government, including:

- Biological father, mother; father, mother of spouse;

- Adoptive father, mother, or legal guardian of the individual; of spouse;

- Legitimate or legally adopted children under 18 years old; legitimate or legally adopted children aged 18 or older but disabled and unable to work as defined by law.

- Spouse;

Article 3. Implementation of Compulsory Health Insurance

3. Subjects not applicable

Clause 1. Relatives of confidential personnel specified in Point 2.4, Clause 2, Section I of this Circular who fall within the current categories required to participate in compulsory health insurance or when confidential personnel cease their confidential work.

Clause 2. Legitimate or legally adopted children under 6 years old and aged 18 or older who are not disabled and unable to work.

II. REGIME FOR MEDICAL EXAMINATION AND TREATMENT AND MATERIAL STANDARDS FOR HEALTH CARE FOR CONFIDENTIAL PERSONNEL

Clause 1. Regime for Medical Examination and Treatment and Allocation of Treatment Levels Confidential personnel are entitled to regular health check-ups and medical examination and treatment at military clinics and hospitals at the district (city district), provincial, and centrally governed city levels based on their rank and corresponding salary level as stipulated in Clause 1, Article 5 of Decree No. 153/2006/NĐ-CP dated December 22, 2006 of the Government. Treatment allocation is as follows:

Clause 1.1. Confidential personnel in the northern region from Quang Binh Province northward: Central Military Hospital 108, Military Traditional Medicine Institute, Hospital 103, and Hospital 354.

Clause 1.2. Confidential personnel in provinces and centrally governed cities in the central and highlands regions: Hospital 17/Military Region 5.

Clause 1.3. Confidential personnel in provinces and centrally governed cities in the southern region: Hospital 175/Ministry of National Defense.

Clause 1.4. In cases of emergency or acute illness that exceed the diagnostic and treatment capabilities of military units, if nearby civilian healthcare facilities are available, patients should be transferred there for emergency treatment until stable, and then returned to the military unit for further treatment if deemed unnecessary to transfer to higher-level military facilities. Payment for services rendered at civilian healthcare facilities will be made according to the current approved hospital fee rates, with costs covered by the Ministry of National Defense.

Clause 2. Documentation and Procedures for Medical Examination and Treatment

Clause 2.1. When seeking medical examination and treatment at registered hospitals, confidential personnel must present a referral letter for medical examination and treatment. In cases of emergency at unregistered hospitals, before discharge, all procedures for obtaining a referral letter for medical examination and treatment must be completed.

Clause 2.2. Issuance of referral letters for medical examination and treatment (according to Form No. 1) must ensure accuracy regarding the individual and the prescribed category and bear full legal responsibility for these documents. Any changes in personnel, seals, and referral letter formats must be promptly communicated to hospitals.

Article 3. Funding for Implementation

Clause 1. The State ensures budget funding to implement health care material standards, medical examination, and treatment for confidential personnel as prescribed in Item Nos. 04, 05, and 06 of the Government's Decree No. 123/2003/NĐ-CP dated October 22, 2003 on material standards for logistics support for active-duty military personnel and the accompanying items stipulated in Decree No. 153/2006/NĐ-CP dated December 22, 2006 of the Government.

Clause 2. A personal contribution of 1% of monthly salary, including rank and grade pay, and various allowances such as position, seniority, and over-quota seniority (if applicable) from the General Confidential Service Department and other Ministries, sectors, and localities shall be transferred to the Financial Department of the Ministry of National Defense to ensure medical examination and treatment for confidential personnel.

III. REGIME FOR COMPULSORY HEALTH INSURANCE FOR RELATIVES OF CONFIDENTIAL PERSONNEL

Clause 1. Contribution Level for Health Insurance

The monthly health insurance contribution rate for dependents of personnel with confidential status as stipulated in Point 2.4, Clause 2, Section I of this Circular shall be three percent of the general minimum wage for each month they participate in health insurance.

2. Benefits

Dependents of personnel with confidential status who have a Health Insurance card in accordance with this Circular shall enjoy medical examination and treatment benefits under the current regulations applicable to those holding mandatory Health Insurance cards.

3. Documents for issuing Health Insurance cards

3.1. Initial issuance documents for Health Insurance cards:

3.1.1. A declaration form filled out by personnel with confidential status regarding their dependents entitled to health insurance benefits, confirmed by the directly managing agency, organization, or unit (Form No. 2).

3.1.2. A list of applications for purchasing Health Insurance cards for dependents of personnel with confidential status residing in the same locality and those residing outside the working locality (province, city) of the personnel with confidential status, signed and stamped by the head of the directly managing agency, organization, or unit of the personnel with confidential status (Forms No. 3a and 3b).

3.2. Issuance documents for Health Insurance cards in subsequent years:

3.2.1. A declaration form filled out by personnel with confidential status when there are changes or additions to their dependents entitled to health insurance benefits (Form No. 2).

3.2.2. A list of applications for purchasing Health Insurance cards for dependents of personnel with confidential status residing in the same locality and those residing outside the working locality (province, city) of the personnel with confidential status, established based on the initial year's list and adjusted according to the increase or decrease in the number of dependents in that year, signed and stamped by the head of the directly managing agency, organization, or unit of the personnel with confidential status (Forms No. 3a and 3b).

4. Procedures for registration and time for purchasing and issuing Health Insurance cards

4.1. Personnel with confidential status and the directly managing agency, organization, or unit of such personnel shall fill out declaration forms and compile lists of dependents of personnel with confidential status in accordance with Item 3.1.1 and 3.1.2, Clause 3, Section III of this Circular.

4.2. Time for purchasing and issuing Health Insurance cards: Registration for medical examinations and treatments for dependents of personnel with confidential status shall be conducted in September; purchasing and issuing Health Insurance cards for dependents of personnel with confidential status shall be completed by December each year.

4.3. In cases where dependents belong to multiple personnel with confidential status, the procedures for registering and purchasing Health Insurance cards shall be carried out as follows:

4.3.1. If dependents reside with a particular personnel with confidential status, that personnel shall declare and register them.

4.3.2. If dependents reside with multiple personnel with confidential status, registration shall follow the order: sons, daughters, daughters-in-law, sons-in-law, adopted children (if in the same generation, the eldest child shall be declared and registered).

4.3.3. If both parents are personnel with confidential status, the mother shall declare and register the children.

4.3.4. If dependents belong to one or more personnel with confidential status but do not reside with them, the eldest child among the personnel with confidential status shall be responsible for declaring and registering them.

5. Funding for implementation

Funding for implementing health insurance benefits for dependents of personnel with confidential status shall be allocated from the state budget within the annual budget of the Government Confidential Service and relevant ministries, sectors, provinces, and centrally-administered cities, including monthly health insurance contributions, purchase of Health Insurance cards, and fees.

Fees to ensure the organization and implementation of registration for medical examinations and treatments, purchase, and issuance of Health Insurance cards for dependents of personnel with confidential status (including publicity, implementation, printing of forms, compiling lists, reviewing, purchasing, and issuing Health Insurance cards to each dependent of personnel with confidential status) shall be calculated at two percent of the total funding for purchasing Health Insurance cards for dependents of personnel with confidential status. Management and expenditure levels shall be implemented in accordance with current regulations.

IV. IMPLEMENTATION

1. The Ministry of National Defense shall be responsible for

1.1. Taking the lead in coordinating with the Government Confidential Service and related agencies to organize the implementation of medical examinations and treatments for personnel with confidential status in accordance with this Circular.

1.2. The Finance Department shall organize the receipt of funds to ensure the implementation of medical examinations and treatments for personnel with confidential status under the Government Confidential Service and relevant ministries, sectors, provinces, and centrally-administered cities in accordance with this Circular.

1.3. The Military Medical Department shall implement medical examinations and treatments at military hospitals; manage, register, and statistically track the situation of medical examinations and treatments, hospitalization, and treatment monthly for personnel with confidential status in accordance with the regulations of the Ministry of National Defense and this Circular.

1.4. The Policy Department shall coordinate with the Military Medical Department to manage and implement the supervision and inspection of the implementation of medical examination and treatment policies for personnel with confidential status in accordance with the specified targets and standards set forth in this Circular.

2. The Ministry of Health shall be responsible for

Directing provincial and centrally-administered city health departments and healthcare facilities to organize medical examinations and treatments for personnel with confidential status and their dependents holding Health Insurance cards in accordance with current regulations and the guidance provided in this Circular.

3. The Ministry of Finance shall be responsible for

Ensuring the budget for medical examinations and treatments for personnel with confidential status and their dependents in accordance with the law and this Circular.

4. Vietnam Social Security shall be responsible for

Directing provincial and centrally-administered city social security offices to guide agencies, organizations, and units using personnel with confidential status to purchase and issue Health Insurance cards for dependents of personnel with confidential status at the Government Confidential Service and relevant ministries, sectors, and localities (number of dependents in the same working locality and those outside the working locality of personnel with confidential status) in accordance with the prescribed regime and time.

5. Ministries, sectors, and localities directly managing personnel with confidential status shall be responsible for

5.1. Compiling lists for purchasing Health Insurance cards for dependents of personnel with confidential status as stipulated in Item 3.2.2, Clause 3, Section III of this Circular.

5.2. Registering places for medical examinations and treatments at military clinics and hospitals with military authorities at districts, counties, provinces, and centrally-administered cities and hospitals according to the designated level of personnel with confidential status.

5.3. Introducing seals, referral letter templates, and signatures of heads of agencies and units using confidential services to military clinics and hospitals according to the treatment level.

5.4. Issuing referral letters for medical examinations and treatments for personnel with confidential status under the management of the agency or unit.

5.5. Annually, the budget forecast for purchasing health insurance cards for the relatives of personnel working in confidential positions (both within the same work area and outside the same work area) at the Ministry, sector, and locality shall be prepared. The purchase and issuance of health insurance cards shall be carried out as follows:

Directly sign a contract with the Social Insurance of the province or city to purchase health insurance cards for the relatives of personnel working in confidential positions at the Ministry, sector, and locality (both within the same work area and outside the same work area) and hand over to the personnel working in confidential positions to deliver to their relatives.

5.6. Monitor and manage the relatives of personnel working in confidential positions who are entitled to mandatory health insurance benefits; coordinate with the Government Confidentiality Service, the Social Insurance of provinces and centrally governed cities in the matter of purchasing and issuing health insurance cards and implementing medical examination and treatment for the relatives of personnel working in confidential positions according to the prescribed time and regulations.

6. The Government Confidentiality Service shall be responsible for:

6.1. Annually, prepare a list of personnel working in confidential positions at the Government Confidentiality Service and compile a list of personnel working in confidential positions at various Ministries, sectors, and localities registered for medical examination and treatment at military hospitals and send it to the Ministry of National Defense (Military Health Department, Financial Department) for management and organization of medical examination and treatment.

6.2. Introduce the signature of the head of the unit and the medical officer, the sample seal of the unit, and the introduction letter to the military hospital treatment line according to the registration list of personnel working in confidential positions at the Government Confidentiality Service.

6.3. Coordinate with the Ministry of National Defense to monitor the medical examination and treatment of personnel working in confidential positions at the Government Confidentiality Service and personnel working in confidential positions at various Ministries, sectors, and localities.

6.4. Coordinate with the Vietnam Social Insurance and the agencies, organizations, and units directly managing personnel working in confidential positions to monitor the purchase and issuance of health insurance cards for the relatives of personnel working in confidential positions in accordance with the regulations stipulated in this Circular.

6.5. Annually forecast the budget for purchasing health insurance cards for the relatives of personnel working in confidential positions (both within the same work area and outside the same work area) at the Government Confidentiality Service. The purchase and issuance of health insurance cards for the relatives of personnel working in confidential positions at the Government Confidentiality Service (both within the same work area and outside the same work area) shall be conducted through the Social Insurance of Hanoi City and handed over to the personnel working in confidential positions to deliver to their relatives.

6.6. Personnel working in confidential positions have the responsibility to register with the direct managing agency, organization, or unit about the place of residence and the primary healthcare facility where the relatives holding health insurance cards are registered for medical examination and treatment. When there are relatives who no longer meet the criteria for medical examination and treatment as stipulated in points 3.1 and 3.2, Clause 3, Section I of this Circular, personnel working in confidential positions must promptly report to the direct managing agency, organization, or unit for resolution in accordance with the regulations.

V. IMPLEMENTATION PROVISIONS

1. The Government Confidentiality Service shall prepare a list and coordinate with the Ministry of National Defense to organize medical examination and treatment for other personnel working in confidential organizations and students studying at confidential schools strictly and in accordance with the regulations applicable to defense civil servants and non-commissioned officers and soldiers of the People's Army with the same rank and pay grade.

2. Individuals and heads of agencies and organizations who engage in false declaration or confirmation that does not correspond to reality in the implementation of this Circular, in addition to compensating for losses, shall also be subject to administrative penalties, disciplinary actions, or criminal prosecution depending on the nature and severity of the violation.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During the process of implementation, if there are difficulties, agencies, organizations, and localities shall reflect them to the Joint Ministry and the Government Confidentiality Service for timely supplementary guidance.