Decree No. 362-LB-NĐ sets out the rules for civil servants and their families undergoing treatment at hospitals, sick leave for civil servants, long-term leave due to tuberculosis or leprosy, and maternity leave for female civil servants and breastfeeding.

DECREE OF THE MINISTRY OF INTERIOR, THE MINISTRY OF FINANCE AND THE MINISTRY OF HEALTH

Regulations for civil servants and their families undergoing treatment at hospitals,

for civil servants to recuperate from illness, take long-term leave due to tuberculosis or leprosy,

and for female civil servants to have maternity leave and breastfeeding leave

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

THE MINISTER OF FINANCE

THE MINISTER OF HEALTH

Pursuant to Decree No. 76/SL dated May 20, 1950 establishing the regulations for Vietnamese civil servants, particularly Article 77;

Considering the current situation.

DECREE:

Article 1. - Now establish the following regulations:

a) For civil servants and their families undergoing treatment at hospitals;

b) For civil servants to recuperate from illness, taking long-term leave due to tuberculosis or leprosy;

c) For female civil servants to have maternity leave and breastfeeding leave. Hospitalization for treatment

Article 2. - Regularly appointed civil servants, temporary appointees, or those hired under contracts, along with their families, are provided medical treatment and medication free of charge.

Article 3. - During the period of hospitalization or when family members are hospitalized, civil servants shall receive full salary and allowances, but must cover their own food expenses. At hospitals where meals are organized, the civil servant themselves will be exempted from half the cost of meals.

Recuperation leave

Article 4. - Regularly appointed civil servants may be granted recuperation leave for up to twelve months and shall receive:

1. three months, full salary according to rank and full family allowance;

2. the second three months, half salary and half family allowance;

3. the third three months and the last three months, one quarter of salary and one quarter of family allowance.

Article 5. - Civil servants hired under contracts may be granted recuperation leave:

a) from one day to six months, if they have worked for one year or more, and shall receive:

1. two months, full salary as stipulated in the contract and full family allowance;

2. the second two months, half salary and half family allowance;

3. the last two months, one quarter of salary and one quarter of family allowance.

b) from one day to two months, if they have not worked for one year, and shall receive full salary and family allowance.

Article 6. - Each leave period shall not exceed three months for regularly appointed civil servants and two months for civil servants hired under contracts.

Article 7. - Civil servants must undergo a health examination by the Medical Examination Board and obtain a recommendation before being granted recuperation leave for one month or longer. Each extension of leave must also be recommended by the Medical Examination Board.

Article 8. - After exhausting the periods specified in Article 4 or Article 5, if still unwell, regularly appointed civil servants or those hired under contracts may be granted long-term leave without pay or may be required to resign due to poor health.

Article 9. - The time spent on recuperation leave shall be counted towards seniority for promotion and retirement benefits.

Article 10. - The time spent on recuperation leave shall not be deducted from the annual leave period that civil servants are entitled to.

Maternity leave - breastfeeding leave

Article 11. - Regularly appointed, temporary, and contract-based female civil servants shall be granted one month leave before childbirth and one month leave after childbirth.

Article 12. - During the maternity leave period, female civil servants shall receive full salary and allowances.

Article 13. - When requesting maternity leave, female civil servants must attach a doctor's certificate specifying the expected date of delivery.

Article 14. - Within one year from the date of childbirth, female civil servants may breastfeed their children at their workplace. They are allowed thirty minutes off during the morning work hours and thirty minutes off during the afternoon work hours.

Article 15. - The time spent on maternity leave and breastfeeding breaks shall not be deducted from the annual leave period that female civil servants are entitled to.

Long-term leave

Article 16. - Regularly appointed civil servants suffering from tuberculosis or leprosy, after being examined and determined by the Medical Examination Board, may be granted long-term leave for up to sixty months, divided into ten periods, each lasting six months.

After each period, they must undergo another examination by the Medical Examination Board.

Article 17. - Civil servants on long-term leave shall receive:

1. In the first six periods, full salary according to rank and full family allowance;

2. In the last four periods, half salary and half family allowance.

Article 18. - During the long-term leave period, civil servants shall be under the medical supervision of the Provincial Health Department Director where they are recuperating.

Article 19. - After completing all ten periods, civil servants who are certified by the Medical Examination Board to be fully recovered may be recalled to work, or may be granted additional leave without pay if there is no position available.

If they are not fully recovered, they will be required to resign and shall receive the assistance stipulated in Article 84 of the Civil Servant Regulations.

Article 20. - The time spent on long-term leave due to tuberculosis or leprosy shall be counted towards seniority for promotion and retirement benefits.

Article 21. - Civil servants hired under contracts who suffer from tuberculosis or leprosy must resign and shall receive the assistance stipulated in Article 84 of the Civil Servant Regulations.

General Provisions

Article 22. - A joint circular from the Ministries of Interior, Finance, and Health will detail the implementation of this decree.

Article 23. - The Secretaries of the Offices of the Ministries of Interior, Finance, and Health shall implement this decree.