Decision No. 182/2004/QD-TTg On calculating the period of service for social insurance benefits for health workers at commune level

DECISION

Regarding the calculation of working time for social insurance benefits

for health workers at commune, ward, and town health stations

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code on June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code on April 2, 2002;

Pursuant to the Civil Servants Ordinance dated February 26, 1998; and the Ordinance dated April 29, 2003 amending and supplementing certain articles of the Civil Servants Ordinance dated February 26, 1999;

Pursuant to the Government Decree No. 01/1998/NĐ-CP dated January 3, 1998 on the local health care organization system;

Pursuant to the Government Decree No. 12/CP dated January 26, 1995 promulgating the Social Insurance Charter and the Government Decree No. 01/2003/NĐ-CP dated January 9, 2003 amending and supplementing certain articles of the Social Insurance Charter promulgated together with the Government Decree No. 12/CP dated January 26, 1995;

Considering the proposal of the Minister of Health,

DECISION:

Article 1. Medical staff holding degrees (doctors, medical assistants, pharmacists, nurses, midwives, pharmacy technicians, traditional medicine practitioners) who worked at commune health stations (hereinafter referred to collectively as commune level) and received living allowances pursuant to Decision No. 123/HĐBT dated August 19, 1987 of the Council of Ministers (now the Government) on amending the regime and policies for commune-level medical staff, immediately thereafter entered into employment contracts at commune health stations in accordance with Points a and b Clause 1 Article 2 of Decision No. 58/TTg dated February 3, 1994 of the Prime Minister on the organization and policies for primary health care shall have their working time from September 1, 1987 to December 31, 1994 counted as working time with social insurance contributions for the purpose of enjoying social insurance benefits.

Article 2. Commune-level medical staff receiving salaries pursuant to Decision No. 58/TTg dated February 3, 1994 of the Prime Minister and Decision No. 131/TTg dated March 4, 1995 of the Prime Minister amending certain points in Decision No. 58/TTg dated February 3, 1994 on the organization and policies for primary health care, if they did not contribute to social insurance from January 1, 1995 to December 31, 2002, shall be allowed to make back payments for the period during which they were not covered by social insurance.

The social insurance contribution rate is 15% of the monthly salary stipulated in the labor contract, of which the local budget contributes 10% and the commune-level medical staff themselves contribute 5% of the monthly salary stipulated in the labor contract into the social insurance fund to implement the social insurance regime. The basis for calculating back payments for social insurance contributions is the minimum wage set by the State at the time of payment to the social insurance agency.

Article 3. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 4. The Ministry of Health shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to guide the implementation of this Decision.

Article 5. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for enforcing this Decision./.