Joint Circular No. 18/2004/TTLT/BLDTBXH-BYT-BTC guides the implementation of certain special regimes for staff working at medical facilities established under the Ordinance on Handling Administrative Violations.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN SPECIAL REGIMES FOR

STAFF WORKING AT MEDICAL ESTABLISHMENTS ESTABLISHED

PURSUANT TO THE ADMINISTRATIVE VIOLATION HANDLING ORDINANCE.

-------------

Implementing Decision 155/2003/QD-TTg dated July 30, 2003 of the Prime Minister prescribing amendments and supplements to certain special allowances for civil servants and public officials in the health sector; following the opinion of the Ministry of Home Affairs at Circular No. 2202/BNV-VTL dated September 1, 2004 on policies for staff working at medical establishments, the Ministry of Labor - Invalids and Social Affairs, the Ministry of Health, and the Ministry of Finance provide guidelines for implementing certain policies for staff working at medical establishments established pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002 as follows:

I. REGIME OF DUTY ALLOWANCES.

1. Scope of application: Medical staff, including doctors, medical assistants, technicians, nurses, and attendants (including dispatched and detailed staff, and those working under labor contracts for three months or more), performing continuous 24-hour medical duty at Centers for Treatment-Education-Labor and Social Services (hereinafter referred to as Centers).

2. Level of duty allowance:

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

- Duty 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.

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

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

c) Calculation method for duty allowance:

Example 1: Ms. Tran Thi B is assigned to perform continuous 24-hour duty in ordinary areas of Class II or III Centers, the duty allowance that Ms. B will receive is as follows:

- On regular days: 25,000 VND.

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

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

Example 2: Mr. Nguyen Van A is assigned to perform continuous 24-hour duty in areas for acute treatment, detoxification, and rehabilitation or isolation and dangerous infectious disease areas of Class II or III Centers, the duty allowance that Mr. A will receive 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 statutory holidays or Tet: 37,500 VND x 1.8 = 67,500 VND.

3. Rest compensation after duty session: Staff performing continuous 24-hour medical duty on regular days or weekly rest days shall be entitled to one day off with full pay; if on statutory holidays or Tet, they shall be entitled to two days off with full pay.

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

- Class I Centers: maximum not exceeding 24 persons/session.

- Class II Centers: maximum not exceeding 16 persons/session.

- Class III Centers: maximum not exceeding 10 persons/session. Staff 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 the provisions of labor laws.

II. SOURCE OF FUNDS AND PAYMENT METHODS:

1. The funds for the allowances prescribed in Section I of this Circular shall be guaranteed by local budgets, outside the regular operating budget of medical establishments, and from service provision, production labor supply, contributions from beneficiaries, and other humanitarian donations.

2. The allowances for staff, civil servants, and public officials prescribed in Section I of this Circular shall be paid monthly along with salaries, and shall not be 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, special characteristics of labor organization of Centers, and the actual situation of the locality, determine the number of staff needed to support medical duties but not exceeding the staffing standards for duty sessions prescribed in point 4 Section I of this Circular, and submit to the Provincial People's Committee 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 civil servants and public officials of Centers prescribed in Joint Circular No. 05/2002/TTLT/MLDTHXH-BTCCBCP dated February 6, 2002 of the Ministry of Labor - Invalids and Social Affairs and the Government Civil Service Management Board (now the Ministry of Home Affairs) guiding functions, tasks, organizational structure, and personnel of medical establishments in localities, determine the number of civil servants and public officials needed to supplement Centers to ensure compliance with legal provisions on overtime and night work, and submit to the Provincial People's Committee for decision.

3. The Department of Labor - Invalids and Social Affairs shall coordinate with the Department of Finance to guide Centers to prepare budgets for implementation and settlement of the above allowances according to current State regulations.

IV. EFFECTIVE 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 duty allowance regime at point 1, section II on specialized medical allowances according to Joint Circular No. 12/2002/TTLT/MLDTHXH-MOTC 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 staff working at medical establishments established pursuant to 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 apply to healthcare facilities established under Decree No. 14/2002/L-CTN dated July 16, 2002, issued by the Prime Minister amending and supplementing certain special allowances for civil servants and employees in the health sector.

During implementation, if there are any difficulties, it is recommended to report to the relevant ministries for study and resolution./.