Joint Circular No. 18/2004/TTLT-BLDTBXH-BYT-BTC guides the special regime for staff working at medical facilities established under the Administrative Violation Handling Ordinance.

JOINT CIRCULAR

Guidelines for special regimes for officials working at treatment centers established under the Administrative Violation Handling Ordinance

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Implementing Decision 155/2003/QĐ-TTg dated July 30, 2003 of the Prime Minister stipulating amendments and supplements to certain special allowances for civil servants and employees in the health sector; following the opinion of the Ministry of Home Affairs in Circular No. 2202/BNV-VTL dated September 1, 2004 on policies for officials working at Treatment Centers, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Finance provide guidance on implementing certain policies for officials working at treatment centers established under the Administrative Violation Handling Ordinance dated July 2, 2002 as follows:

I. REGIME OF STANDING ALLOWANCES

1. Scope of application: Medical staff, including doctors, medical assistants, technical personnel, nurses, and attendants (including transferred, detailed, or contract workers with a term of three months or more) who continuously perform 24/24 hours standing duty in medical specialties at Rehabilitation-Care-Labor Centers (hereinafter referred to as Centers).

2. Level of standing allowance:

a) The level of standing allowance on regular days includes the following levels:

- Standing allowance level in ordinary areas:

+ Centers ranked Class I: 35,000 VND/person/session.

+ Centers ranked Class II and Class III: 25,000 VND/person/session.

- Standing allowance level in areas for acute treatment, detoxification, and rehabilitation or isolation and dangerous infectious areas is 1.5 times the standing allowance level in ordinary areas of Centers ranked the same class as specified in point 2, Section 1 of this Circular.

b) The level of standing allowance on standard weekly rest days is 1.3 times the standing allowance of regular days; if on public holidays or Tet, the allowance is 1.8 times the standing allowance of regular days.

c) Calculation method for standing allowance:

Example 1: Ms. Tran Thi B is assigned to stand 24/24 hours in ordinary areas of Class II or III Centers, the standing allowance Ms. B receives is as follows:

- On regular days: 25,000 VND.

- On Saturdays or Sundays: 25,000 VND x 1.3 = 32,500 VND.

- On public holidays or Tet: 25,000 VND x 1.8 = 45,000 VND.

Example 2: Mr. Nguyen Van A is assigned to stand 24/24 hours in areas for acute treatment, detoxification, and rehabilitation or isolation and dangerous infectious areas of Class II or III Centers, the standing allowance Mr. A receives is as follows:

- On regular days: 25,000 VND x 1.5 = 37,500 VND.

- On Saturdays or Sundays: 37,500 VND x 1.3 = 48,750 VND.

- On public holidays or Tet: 37,500 VND x 1.8 = 67,500 VND.

3. Rest compensation after a shift:

Officials and employees performing 24/24 hours standing duty in medical specialties on regular days or weekly rest days are entitled to one day off and full salary; if standing duty on public holidays or Tet, they are entitled to two days off and full salary.

4. Staffing standards for 24-hour shifts at Centers are as follows:

- Class I Centers: maximum not exceeding 24 people per shift.

- Class II Centers: maximum not exceeding 16 people per shift.

- Class III Centers: maximum not exceeding 10 people per shift.

Officials and employees responsible for directly supporting acute treatment for drug addicts among leadership, management, and administrative positions shall be compensated for overtime and night work according to labor law regulations.

II. SOURCE OF FUNDS AND PAYMENT METHODS:

1. The funds for the allowances stipulated in Section I of this Circular are guaranteed by local budgets, outside the regular operating budget of treatment centers, and from service provision, production labor supply, contributions from patients, and other humanitarian sources.

2. Allowances for officials, civil servants, and employees stipulated in Section I of this Circular are paid monthly along with salaries, and are not used to calculate social insurance, health insurance, and other contributions.

III. IMPLEMENTATION

1. The Department of Labor, Invalids, and Social Affairs shall coordinate with the Department of Health, based on the working conditions, labor organization characteristics of Centers, and actual circumstances of the locality, determine the number of necessary staff to support medical specialties but not exceeding the staffing standards for standing duty as stipulated in point 4, Section I of this Circular, and submit to the People's Committee of the province or city for decision.

2. The Department of Labor, Invalids, and Social Affairs shall coordinate with the Department of Home Affairs, based on the staffing standards for officials, civil servants, and employees of Centers as stipulated in Joint Circular No. 05/2002/TTLT/BLĐTBXH-BTCCBCP dated February 6, 2002 of the Ministry of Labor, Invalids, and Social Affairs and the Government Civil Service Bureau (now the Ministry of Home Affairs), guiding functions, tasks, organizational structure, and personnel of local treatment centers, determine the number of additional officials, civil servants, and employees needed to ensure compliance with labor laws regarding overtime and night work, and submit to the People's Committee of the province or city for decision.

3. The Department of Labor, Invalids, and Social Affairs shall coordinate with the Department of Finance to guide Centers in preparing budgets for implementation and settlement of these allowances according to current state regulations.

IV. IMPLEMENTATION PROVISIONS

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

2. The allowances regime prescribed in this Circular replaces:

a) The standing allowance regime at point 1, section II on specialized allowances for the health sector according to Joint Circular No. 12/2002/TTLT/BLĐTBXH-BTC dated July 12, 2002 of the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance guiding the implementation of certain policies for officials working at treatment centers established under the Administrative Violation Handling Ordinance dated July 6, 1995.

b) The system of permanent duty allowance at a rate of 25,000 VND per person per night shift shall be applied to medical examination and treatment facilities established pursuant to Ordinance on Handling Administrative Violations No. 14/2002/L-CTN dated July 16, 2002 issued by the President, as stipulated in item a point 1.1, Section 1, Part B regarding special allowances under Circular Joint Circular No. 09/2003/TTLT/BYT-BTC-BNV dated September 29, 2003 issued jointly by the Ministry of Health, the Ministry of Finance, and the Ministry of Home Affairs guiding the implementation of Decision No. 155/2003/QĐ-TTg dated July 30, 2003 issued by the Prime Minister amending and supplementing certain special allowances for civil servants and employees in the health sector.

In the course of implementation, if there are any difficulties, it is recommended that they be reported to the relevant ministries for study and resolution.