Joint Circular No. 56/2005/TTLT/BTC-BLDTBXH guiding the allowance system for individuals without a fixed residence who temporarily reside at medical facilities

JOINT CIRCULAR

Guidelines on the allowance system for individuals without a fixed residence who are temporarily housed at medical facilitiesnơi cư trú nhất định để lưu trú tạm thời tại cơ sở chữa bệnh

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Pursuant to Decree No. 43/2005/NĐ-CP dated April 5, 2005 of the Government stipulating the placement of drug addicts and prostitutes without a fixed residence in temporary housing at medical facilities (hereinafter referred to as Centers); the Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs hereby issue guidelines on the allowance system for individuals without a fixed residence who are temporarily housed at Centers (hereinafter referred to as temporary residents), as follows:

1. Scope of application:

a) Drug users aged 12 years or older caught using drugs illegally and without a fixed residence.

b) Prostitutes aged 16 to 55 years old caught engaging in prostitution or regularly engaged in prostitution without a fixed residence.

2. Allowance System:

2.1. Food Allowance:

Based on the actual situation of each locality and the food standard for individuals serving administrative penalties at the Medical-Correctional-Labor Education Center (as specified in item a, point 1, section B, part II, Joint Circular No. 13/2004/TTLT-BLDTBXH-BTC dated November 2, 2004 of the Ministry of Labour, Invalids and Social Affairs and the Ministry of Finance guiding responsibilities for contributions and allowance systems for prostitutes and drug users); the People's Committee of provinces and centrally-administered cities (hereinafter referred to as provincial People's Committee) shall determine the food allowance for temporary residents according to the following principles:

2.2. Personal items: During the temporary housing period, temporary residents may use their own clothing, quilts, and mosquito nets. In cases where temporary residents lack clothing, quilts, and mosquito nets, the Center will purchase these items based on the number of temporary residents for them to borrow.

2.3. Treatment and Detoxification Regime:

- For prostitutes during the temporary housing period, they are entitled to medical examinations, treatment, and therapy for common illnesses and sexually transmitted diseases. The cost of medication prescribed by the treating physician shall not exceed VND 150,000 per person.

- For drug users during the temporary housing period, they are entitled to support for detoxification, emergency care, testing costs, and medication for other opportunistic illnesses. The cost of medication prescribed by the treating physician shall not exceed VND 250,000 per person.

If a prostitute is also a drug user, they are entitled to medication for treatment and support for detoxification up to a maximum of VND 400,000 per person.

- During the temporary housing period, if a temporary resident has already received the maximum level of medication and treatment as mentioned above, when officially admitted to the Center, they will not be supported with further medication costs for treatment and detoxification.

2.4. Regime for Seriously Ill or Critically Ill Individuals:

During the temporary housing period, if a prostitute or drug user becomes seriously ill or critically ill beyond the capacity of the Center to treat, they must be transferred to a state hospital for treatment. The cost of treatment during the hospital stay shall be borne by the individual or their family. Those who are policy beneficiaries or whose families are in extreme financial hardship, confirmed by the People's Committee of the commune, may be considered for assistance by the Center Director to cover 50% or the full cost of treatment, but not exceeding VND 1,000,000 per person per treatment session.

2.5. Regime for Deceased Individuals:

During the temporary housing period, if a temporary resident at the Center dies and their relatives cannot be identified within 24 hours or cannot arrive in time, the Center Management Board shall be responsible for organizing the funeral. Funeral expenses shall be carried out according to the regulations of the provincial People's Committee. If a forensic examination is required to confirm the cause of death, the medical facility shall pay the examination costs according to current state regulations.

2.6. Regime for Individuals Released After Temporary Housing Period:

- Transportation fare from the Center back to the place of previous detention according to the public transportation rates set by the state.

- Travel food allowance: VND 10,000 per day per person.

3. Settlement of Allowance System:

When the Chairman of the People's Committee of the district issues a formal decision to admit individuals to the Center, the costs provided to the individuals during the temporary housing period shall be included in the allowances for prostitutes and drug users (including minors) who are compulsorily placed in the Center according to Joint Circular No. 13/2004/TTLT-BLDTBXH-BTC dated November 2, 2004 of the Ministry of Labour, Invalids and Social Affairs and the Ministry of Finance guiding responsibilities for contributions and allowance systems for prostitutes and drug users.

If the temporary housing period ends and the Chairman of the People's Committee of the district does not issue a decision to admit the individual to a medical facility, the individual shall return to the community, and all costs incurred for the individual shall be settled into the operating budget of the medical facility.

4. Implementation:

The allowance funds for individuals as stipulated in this Circular shall be allocated within the annual social security expenditure budget of local governments. The management, use, and settlement of allowance funds for individuals shall comply with the State Budget Law and implementing regulations thereof.

This Circular takes effect 15 days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs for resolution./.