JOINT CIRCULAR No. 38/2011/TTLT-BYT-BNV GUIDING THE TRANSFER OF RANKS AND SALARY GRADING FOR MIDWIVES

JOINT CIRCULAR

Guidelines on transferring grades and determining salaries for midwives

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Pursuant to Decree No. 116/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of officials and civil servants in public service units of the State and Decree No. 121/2006/NĐ-CP dated October 26, 2006 of the Government amending and supplementing certain articles of Decree No. 116/2003/NĐ-CP;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for officials, civil servants, employees, and armed forces and Decree No. 76/2009/NĐ-CP dated September 15, 2009 of the Government amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for officials, civil servants, employees, and armed forces;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Health and the Ministry of Home Affairs issue guidelines on transferring grades and determining salaries for midwives as follows:

Article 1. Scope of Regulation and Applicability

Article 1. These joint circulars guide the transfer of grades and determination of salaries for employees entering the midwife grade as prescribed in Circular No. 06/2011/TT-BNV dated March 1, 2011 of the Ministry of Home Affairs promulgating job titles and code numbers of midwife grades (referred to as Circular No. 06/2011/TT-BNV) and Circular No. 12/2011/TT-BYT dated March 15, 2011 of the Ministry of Health prescribing professional standards of midwife grades (referred to as Circular No. 12/2011/TT-BYT).

Article 2. These joint circulars apply to employees working at public health service units.

Article 2. Principles for transferring grades

Clause 1. Grade transfers must be based on job responsibilities, positions, and suitability with assigned tasks of the employee.

Clause 2. Employees transferring to midwife grades must meet the professional and vocational standards of midwife grades as prescribed in Circular No. 12/2011/TT-BYT.

Clause 3. When transferring to the midwife grade, there shall be no combination with promotion of salary levels, grade promotions, or changes in employee categories.

Article 3. Cases of transferring into midwife grades from current employee grades

Clause 1. Transfer into the midwife grade (grade code 16.295) for employees currently engaged in midwifery work holding the senior midwife grade who meet the conditions and standards prescribed in Circular No. 12/2011/TT-BYT.

Clause 2. Transfer into the mid-level midwife grade (grade code 16.297) for employees currently engaged in midwifery work holding the mid-level midwife grade who meet the conditions and standards prescribed in Circular No. 12/2011/TT-BYT.

Clause 3. Transfer into the basic midwife grade (grade code 16.298) for employees currently engaged in midwifery work holding the basic midwife grade who meet the conditions and standards prescribed in Circular No. 12/2011/TT-BYT.

Article 4. Salary Grading Method

Determination of salaries for employees transferred into midwife grades according to Article 3 of these joint circulars shall be carried out in accordance with Clause 2 Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs guiding salary determination when promoting grades, transferring grades, and changing employee categories.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

Article 4. Responsibilities of heads of units directly managing and using employees

Point a. Review job positions within the unit, develop plans for transferring grades and determining salaries for employees under their management, submit them to higher-level management agencies for consolidation and submission to competent authorities for approval;

Point b. Decide on transferring grades and determining salaries for employees under their management into grades within their authority or as delegated after the plan for transferring employees' grades has been approved by competent authorities.

Article 5. Responsibilities of Ministries, ministerial-level agencies, provincial People's Committees, and centrally governed city People's Committees

Point a. Direct subordinate units to implement grade transfers and salary determinations for midwives;

Point b. Approve plans for transferring grades and determining salaries for employees of subordinate units; resolve issues within their authority during the process of transferring employees' grades;

Point c. Decide on transferring grades and determining salaries for employees under their management within their authority;

Point d. Report results of midwife grade transfers under their management to the Ministry of Health and the Ministry of Home Affairs.

Article 6. Effectiveness

These joint circulars take effect from December 31, 2011.

During implementation, if any difficulties arise, ministries, sectors, and localities should report to the Ministry of Health for coordination with the Ministry of Home Affairs to examine and resolve them./.