Circular No. 15/2005/TT-BYT guides the procedures and management of civil servants and medical staff going abroad as experts and healthcare workers.

CIRCULAR

Guidelines for handling procedures and managing civil servants and medical staff going abroad as experts and cooperative labor

Implementing Decree No. 117/2003/NĐ-CP and Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state agencies and public institutions; Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad and regulations on exit and entry, the Ministry of Health guides the process of handling procedures and managing civil servants and medical staff going abroad as experts and cooperative labor as follows:

I. SCOPE OF REGULATION AND APPLICABLE OBJECTS

This Circular guides the recruitment, utilization, and management of civil servants from health agencies and medical staff from public health institutions going abroad as experts and medical labor.

This Circular applies to health agencies and public health institutions performing disease prevention, treatment, rehabilitation, and functional recovery tasks, district hospitals, regional hospitals, provincial hospitals, hospitals and institutes with beds under various ministries and sectors; hospitals, rehabilitation and recovery centers, centers, stations, teams engaged in preventive work established by competent state authorities.

II. AUTHORITY, RESPONSIBILITY FOR RECRUITMENT, MANAGEMENT OF HEALTH MEDICAL STAFF GOING ABROAD AS EXPERTS AND COOPERATIVE LABOR IN THE FIELD OF HEALTH WITH FOREIGN COUNTRIES

The Center for Cooperation of Experts and Medical Human Resources with Foreign Countries is responsible for organizing and managing medical staff going abroad as experts and medical labor according to the authority delegated by the Ministry of Health during the time civil servants and medical staff of the sector implement contracts with foreign countries, handling issues related to employment contracts and arising problems.2. Authority to resolve matters concerning civil servants and medical staff going abroad as experts and cooperative medical labor and accepting them back upon completion of the contract shall be carried out by the agency or unit entrusted with the authority to recruit, utilize, and manage civil servants and medical staff.3. Resolving matters concerning civil servants and medical staff going abroad as experts and cooperative medical labor involves allowing civil servants and medical staff to take unpaid leave from their current agencies or units to voluntarily enter into employment contracts with foreign countries through the Center for Cooperation of Experts and Medical Human Resources with Foreign Countries as the representative agency.

1. 4. The Center for Cooperation of Experts and Medical Human Resources with Foreign Countries issues decisions to establish expert or medical labor teams based on signed documents, is responsible for applying for permits and processing procedures to send experts and medical labor of the sector to work abroad for a limited period; Upon completion of the employment contract, the Center is responsible for notifying in writing, evaluating the performance of civil servants and medical staff, and providing comments to the direct managing agency or unit for resolving subsequent rights and obligations of civil servants and medical staff.

5. The Cadre and Civil Servant Organization Department is responsible for monitoring compliance with current laws on exit and entry by state cadres, civil servants, and medical staff, advising the leadership of the Ministry to handle cases where conditions for exit and entry are not met.

III. CONDITIONS FOR RECRUITMENT AND ACCEPTANCE OF EXPERTS AND MEDICAL LABOR FROM FOREIGN COUNTRIES

Civil servants and medical staff who are resolved to go abroad as experts and medical labor must be politically stable individuals with good morals, possessing sufficient professional skills and health to fulfill the commitments of cooperative employment contracts with foreign countries.

2. When terminating employment contracts abroad, civil servants and medical staff must obtain comments from the Expert Management Board of the country they worked in and from the Vietnamese Embassy in that country regarding their work and residence. In cases requiring return before the contract term, there must be valid reasons and full fulfillment of contractual obligations.

3. Upon returning to the country, civil servants and medical staff must submit all required documents to the competent authority managing civil servants and medical staff to serve as the basis for issuing a decision to transfer to the previous agency or unit. IV. PROCEDURE FOR RECRUITING EXPERTS AND MEDICAL LABOR

1. Annually, based on plans for recruiting and sending experts and medical labor to work, the Center for Cooperation of Experts and Medical Human Resources with Foreign Countries sends notifications of needs to health agencies in provinces and cities, and directly subordinate units of ministries and sectors.

Based on specific conditions of each agency or unit and the capabilities of civil servants and medical staff, the agency or unit directly utilizing and managing civil servants and medical staff handles necessary procedures to enable medical staff to have access to opportunities to go abroad as experts and medical labor such as learning foreign languages, supplementing knowledge to meet the standards and conditions of employment contracts with foreign partners, preparing files to be sent to the Center for Cooperation of Experts and Medical Human Resources with Foreign Countries for consolidation.

2. The Director of the Center for Cooperation of Experts and Medical Human Resources with Foreign Countries organizes examinations, selects candidates, sends summonses to each selected civil servant or medical staff, and provides detailed requirements for the competent authority directly managing and utilizing civil servants and medical staff to issue decisions permitting civil servants and medical staff to go abroad as experts or cooperative medical labor for a limited period. At the same time, the list and files of successful candidates are sent to the Cadre and Civil Servant Organization Department for review and tracking, and to the International Cooperation Department for information and coordination.

3. Based on the decision of the competent agency or unit allowing civil servants and medical staff to work abroad as experts or medical labor, the Director of the Center for Cooperation of Experts and Medical Human Resources with Foreign Countries issues a decision to establish an expert or medical labor team according to signed documents with the foreign country, and handles necessary procedures for departure.

1. V. PROCEDURE FOR HANDLING MATTERS CONCERNING EXPERTS AND MEDICAL LABOR FROM FOREIGN COUNTRIES RETURNING TO AGENCY OR UNIT

On the basis of specific conditions of each agency and unit and the capacity of health civil servants and officials, the agencies and units directly using and managing such civil servants and officials shall handle necessary procedures to enable health officials to have access to working as experts and health laborers abroad, such as: Learning foreign languages, supplementing knowledge to meet the standards and conditions for contracts with partners abroad, compiling files to be sent to the Center for Cooperation of Experts and Health Human Resources with Foreign Countries for consolidation.

2. The Director of the Center for Cooperation of Experts and Health Human Resources with Foreign Countries shall organize examinations, select candidates, issue summonses to each successful civil servant and official, and notify specific requirements necessary for the competent authority directly managing and using such civil servants and officials to issue decisions allowing civil servants and officials to go abroad as experts or cooperative health laborers for a limited period. At the same time, send the list and files of successful candidates to the Cadre and Civil Service Organization Department for inspection and tracking, and to the International Cooperation Department for information and coordination.

3. Based on the decision of the competent agency or unit allowing civil servants and officials to work as experts or health laborers abroad, the Director of the Center for Cooperation of Experts and Health Human Resources with Foreign Countries shall issue a decision to establish an expert or health labor team according to the signed agreement with the partner country, and handle necessary exit procedures.

V. PROCEDURE FOR RESOLUTION OF EXPERTS AND HEALTH LABORERS RETURNING FROM ABROAD TO THE AGENCY OR UNIT

When civil servants and health officials complete their term of employment contracts with foreign countries, or have legitimate reasons to terminate their employment contracts before the expiration date and return to the country, the procedures for returning to their agencies or units shall be as follows:

1. Civil servants and health officials, upon returning to the country, shall submit the evaluation report from the Expert Management Board and the Vietnamese Embassy at the place of work to the Center for Cooperation with Foreign Experts and Health Human Resources, after fulfilling all financial obligations according to the commitment agreement when they departed.

The Center for Cooperation with Foreign Experts and Health Human Resources shall send a letter and comments on the implementation of the contract abroad to the agency or unit of the civil servant or health official, recommending a decision to accept the official back to work.

2. If civil servants and health officials return to the country more than three months late without permission from the directly managing agency in the country, they must provide a clear explanation for the delay upon return, with confirmation from the embassy of the host country. In cases where civil servants and health officials return late without a valid reason after being reintroduced to the unit, they shall be subject to disciplinary measures as prescribed by current laws.

3. After completing their employment contract abroad, civil servants and health officials must report to the competent authority the relevant documents from the Center for Cooperation with Foreign Experts and Health Human Resources and fulfill all commitments made prior to departure to the directly managing and using agency within the latest period of thirty days from the date of re-entry.

The agency managing and utilizing civil servants and health officials going abroad for expert assignments and labor cooperation shall only be responsible for arranging their return to work or resolving retirement, resignation, or job transfer policies after presenting all necessary documents and fulfilling all pre-departure commitments.

4. The competent agency or unit responsible for sending civil servants and health officials abroad for expert assignments and labor cooperation shall be responsible for processing the procedures for accepting civil servants and health officials back to work within fifteen days after receiving the necessary procedures.

Upon issuance of a decision by the competent agency or unit, the official must resume normal work; all salary and allowances (if applicable) as stipulated by current laws shall be implemented immediately upon the civil servant or health official's return to work.

5. Quarterly, the Center for Cooperation with Foreign Experts and Health Human Resources shall be responsible for submitting a list of civil servants and health officials who have returned from expert assignments and labor abroad to the Cadre Organization Department for inspection and monitoring, and to the International Cooperation Department for information and coordinated management. y Upon return from abroad, health officials shall report to the Cadre and Civil Service Organization Department for inspection and tracking, and to the International Cooperation Department for information and coordinated management.

VI. IMPLEMENTATION PROVISIONS

1. Competent authorities managing civil servants and health officials at the ministry, sector, and provincial levels, and health service units shall base their actions on current legal documents and specific regulations regarding the delegation of authority in the recruitment and utilization of civil servants and health officials of their units and localities, to coordinate with the Center for Cooperation with Foreign Experts and Health Human Resources to implement this Circular's guidelines; simultaneously, they shall be responsible for addressing issues arising before, during, and after civil servants and health officials go abroad for expert assignments and labor.

2. This Circular shall take effect fifteen days after its publication in the Official Gazette. During the implementation process, if there are any difficulties, ministries, ministerial-level agencies, provincial people's committees, and competent agencies managing and utilizing civil servants and health officials shall reflect these issues to the Ministry of Health for timely research and resolution./.