Decree No. 26/2016/NĐ-CP stipulates allowances and subsidies for civil servants, public officials, and workers employed at facilities managing drug addicts, post-detoxification individuals, and public social assistance facilities. This document sets the levels of occupational allowances and subsidies for each specific category.
适用范围
Civil servants, public officials, and workers employed at facilities managing drug addicts, post-detoxification individuals, and public social assistance facilities.
要点
- Special allowance of at least 500,000 VND/person/month for civil servants and public officials working at facilities managing drug addicts and post-detoxification individuals.
- Health care subsidy ranging from 30% to 70% depending on specific conditions and job positions.
- Education subsidy ranging from 40% to 50% for civil servants and public officials directly teaching cultural, behavioral rehabilitation, and vocational training courses.
- Occupational subsidy ranging from 20% to 70% for civil servants and public officials working at social assistance facilities.
- Periods not eligible for occupational subsidy include time spent abroad on official business, unpaid leave, social insurance leave, and suspension of duties.
🌐 本文件的社会影响
- Enhance recruitment and retention of high-quality human resources working at particularly difficult facilities.
- Improve living and working conditions for civil servants, public officials, and workers in the field of managing drug addicts and providing social assistance.
❓ 常见问题
What is the minimum allowance level?
The minimum special allowance is 500,000 VND/person/month.
Who is eligible for the highest health care subsidy?
The 70% subsidy applies to medical civil servants and public officials directly involved in examining, treating, and caring for drug addicts suffering from HIV/AIDS.
Which facilities are eligible for this regime?
Facilities managing drug addicts, post-detoxification individuals, and public social assistance facilities.
全文
DECREE
Regulations on Allowances and Subsidies for Civil Servants, Public Officials, and Workers at Institutions Managing Drug Addicts, Post-Rehabilitation Drug Addicts, and Public Social Assistance Facilities
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;
Pursuant to the Civil Servant Law dated November 15, 2010;
At the proposal of the Minister of Labor, Invalids and Social Affairs,
The Government promulgates this Decree to regulate allowances and subsidies for civil servants, public officials, and workers at institutions managing drug addicts, post-rehabilitation drug addicts, and public social assistance facilities.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree regulates allowances and subsidies for civil servants, public officials, and workers at institutions managing drug addicts, post-rehabilitation drug addicts, and public social assistance facilities established and operating in accordance with the provisions of the law (hereinafter referred to as institutions).
2. This Decree does not apply to institutions under the armed forces.
Article 2. Applicability
1. Civil servants, public officials, and workers employed under contract, Transfer, or detail who have been assigned salaries according to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary systems for cadres, civil servants, public officials, and the armed forces (hereinafter collectively referred to as civil servants and public officials) engaged in management, professional, and technical work, as well as service provision at institutions managing drug addicts and post-rehabilitation drug addicts and public social assistance facilities as specified in Clause 2 of this Article.
2. The institutions specified in Clause 1, Article 2 of this Decree include:
a) Institutions managing drug addicts and post-rehabilitation drug addicts including: Voluntary drug treatment centers; compulsory drug treatment centers (compulsory drug treatment centers); social centers; multifunctional centers; centers for managing, vocational training, and job placement for post-rehabilitation drug addicts;
b) Public social assistance facilities including: Comprehensive social welfare centers; social welfare centers caring for children in special circumstances; social welfare centers caring for the elderly; social welfare centers caring for persons with disabilities; social welfare centers caring for and restoring functions for persons with mental disorders and persons with cognitive impairments; social work centers.
Article 3. Principles of Application and Calculation of Various Types of Allowances and Subsidies Based on Profession
1. Special allowances apply to civil servants and public officials working at institutions specified in Point a, Clause 2, Article 2 of this Decree.
2. Professional preference subsidies apply to civil servants and public officials working in designated positions; meeting the standards, content of work, and working area as prescribed by law.
a) Each civil servant or public official may only enjoy one type of professional preference subsidy at the highest level stipulated in Articles 7 and 8 of this Decree;
b) Civil servants and public officials falling within the scope of application of the policy stipulated in Clause 1, Article 2 of this Decree, while also falling within the scope of application of the same type of policy stipulated in other regulatory legal documents, shall only be entitled to the highest level of that policy.
3. Method of Calculation
a) The professional preference subsidies stipulated in Articles 7 and 8 of this Decree are calculated based on the current grade, position, and rank salary plus leadership position allowance (if applicable) and seniority allowance exceeding the ceiling (if applicable), and determined by the following formula:
|
Amount of professional preference subsidy received |
= |
The basic salary level |
x |
Current grade, position, and rank salary coefficient + leadership position allowance coefficient (if applicable) + percentage (converted to coefficient) of seniority allowance exceeding the ceiling (if applicable) |
+ |
Amount of professional preference subsidy received |
b) The types of allowances and professional preference subsidies stipulated in Articles 6, 7, and 8 of this Decree are paid together with monthly salaries.
c) The types of allowances and professional preference subsidies stipulated in Articles 6, 7, and 8 of this Decree are not used to calculate contributions and benefits under mandatory social insurance, health insurance, and unemployment insurance.
Article 4. Periods not eligible for occupation allowance
1. Time spent on overseas missions, work, or study abroad receiving 40% of salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for civil servants, public officials, and armed forces personnel.
2. Continuous domestic study periods exceeding three months without directly performing assigned professional tasks for civil servants and public officials.
3. Continuous unpaid leave periods of one month or more.
4. Leave periods receiving social insurance benefits as prescribed by laws on social insurance.
5. Detention, arrest, suspension from duty, or cessation of professional activities for one month or more.
6. Periods during which the competent authority assigns to work or perform duties without directly engaging in professional tasks continuously for one month or more.
Article 5. Source of Funds
The sources of funds to implement the allowances and subsidies prescribed in this Decree include: state budget guarantees according to current budget levels; income from unit's public services; service provision, production labor, and other lawful funding sources as prescribed by law.
Chapter II
ALLOWANCES AND SUBSIDIES
Article 6. Special Allowance
1. Civil servants and public officials working at facilities specified in Point a, Clause 2, Article 2 shall receive special allowances with a minimum amount of VND 500,000 per person per month.
2. Based on specific conditions of each locality, the People's Council of provinces and centrally-administered cities shall decide on higher allowance amounts than those prescribed in this Decree.
Article 7. Occupational Allowance Levels for Civil Servants and Public Officials Working at Drug Addicts Management Facilities and Post-Rehabilitation Facilities
1. Health Care Allowance:
a) A 70% allowance rate applies to health professionals directly examining, treating, caring for, and testing drug addicts suffering from HIV/AIDS.
b) A 50% allowance rate applies to health professionals and individuals directly involved in health care and supervision, protection, transportation, and service provision for drug addicts infected with HIV/AIDS at facilities located in areas with particularly difficult socio-economic conditions.
c) A 40% allowance rate applies to health professionals and individuals directly involved in health care and supervision, protection, transportation, and service provision for drug addicts infected with HIV/AIDS at facilities located in other areas.
d) A 35% allowance rate applies to health professionals and individuals directly serving drug addicts during detoxification and withdrawal treatment at facilities located in areas with particularly difficult socio-economic conditions.
đ) A 30% allowance rate applies to health professionals and individuals directly serving drug addicts during detoxification and withdrawal treatment at facilities located in other areas.
2. Education Allowance:
a) A 50% allowance rate applies to educators directly teaching culture, behavior rehabilitation, character development, and vocational training to drug addicts, post-rehabilitation individuals, and HIV/AIDS patients at facilities located in areas with particularly difficult socio-economic conditions.
b) A 40% allowance rate applies to educators directly teaching culture, behavior rehabilitation, character development, and vocational training to drug addicts, post-rehabilitation individuals, and HIV/AIDS patients at facilities located in other areas.
3. A 25% allowance rate applies to civil servants and public officials engaged in management roles that do not directly involve health care, cultural education, behavior rehabilitation, character development, and vocational training at facilities located in areas with particularly difficult socio-economic conditions, and a 15% allowance rate applies to those in such roles at facilities located in other areas.
Article 8. The level of job incentive allowances for civil servants and employees working at social assistance facilities
Clause 1. A 70% allowance level shall apply to civil servants and employees who regularly and directly conduct testing, examination, treatment, care, maintenance, and assistance for people with HIV/AIDS, leprosy, tuberculosis, mental illness; and those with extremely severe disabilities.
Clause 2. A 60% allowance level shall apply to civil servants and employees who regularly and directly conduct testing, examination, treatment, care, maintenance, and assistance for elderly persons unable to take care of themselves and children under four years old.
Clause 3. A 50% allowance level shall apply to civil servants and employees who regularly and directly conduct testing, examination, treatment, care, maintenance, and assistance for people with severe disabilities.
Clause 4. A 40% allowance level shall apply to civil servants and employees who regularly and directly conduct testing, examination, treatment, care, maintenance, and assistance for children aged four and above, emergency protection subjects, and elderly persons.
Clause 5. A 30% allowance level shall apply to civil servants and employees who manage and serve without directly conducting testing, examination, treatment, care, maintenance, and assistance for people infected with HIV/AIDS, leprosy, tuberculosis, mental illness; those with severe and extremely severe disabilities; elderly persons unable to take care of themselves, and children under four years old.
Clause 6. For civil servants and employees not directly engaged in social work and medical tasks; and for social work and medical employees engaged in management and service tasks at facilities (except for the subjects specified in Clause 5 of this Article), the heads of units shall base their decisions on the specific nature of the work and revenue sources, but such decisions shall not exceed 20% of the current salary grade plus leadership position allowances and seniority allowances exceeding the standard framework (if applicable) for the beneficiaries.
Chapter III
IMPLEMENTING PROVISIONS
Article 9. Effective Date
Clause 1. This Decree takes effect from June 1, 2016.
Clause 2. Decree No. 114/2007/NĐ-CP dated July 3, 2007 of the Government regarding the allowance system for staff and employees working at facilities managing drug addicts, prostitutes, and post-drug rehabilitation individuals shall cease to be effective from the date this Decree takes effect.
Article 10. Responsibility for Implementation
The Minister of Labor, Invalids and Social Affairs shall provide guidance on the implementation of this Decree.
The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.
PRIME MINISTER
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