Circular No. 69/2012/TT-BCA detailing the implementation of certain provisions of Decision No. 73/2011/QĐ-TTg dated December 28, 2011 of the Prime Minister on special allowances for civil servants, public officials, and workers in public health facilities and anti-epidemic allowances in the People's Public Security.

CIRCULAR

Providing detailed implementation of certain provisions of Decision No. 73/2011/QĐ-TTg

dated December 28, 2011 of the Prime Minister on certain special allowances for civil servants, public officials, and workers in public health facilities

specific to civil servants, and anti-epidemic allowances.

public sector and epidemic allowance system"within the People's Public Security Force

______________

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decision No. 73/2011/QĐ-TTg dated December 28, 2011 of the Prime Minister on certain special allowances for civil servants, public officials, and workers in public health facilities and anti-epidemic allowances (hereinafter referred to as Decision No. 73/2011/QĐ-TTg);

At the proposal of the Director of the General Department for Building the Public Security Force;

The Minister of Public Security issues this Circular providing detailed implementation of certain provisions of Decision No. 73/2011/QĐ-TTg in the People's Police as follows.

Article 1. On the scope and objects of application as stipulated in Article 1 of Decision No. 73/2011/QĐ-TTg

1. The scope of application of the special medical allowance system in the People's Police as provided for in Clause 1, Article 1 of Decision No. 73/2011/QĐ-TTg includes:

a) Standby allowance;

b) Surgical and procedural allowance;

c) Anti-epidemic allowance.

2. The objects of application of the special medical allowance system in the People's Police as provided for in Point b, Clause 2, Article 1 of Decision No. 73/2011/QĐ-TTg include:

a) Officers, non-commissioned officers, workers, and contractual employees (hereinafter collectively referred to as officers and contractual employees) who are assigned salaries according to the salary scales prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces, currently working at medical facilities in the People's Police;

b) Members of the Anti-Epidemic Steering Committee and volunteers from the People's Police mobilized by competent authorities to participate in anti-epidemic activities.

3. Objects not subject to application: Contractual employees not within the quota prescribed by the Ministry or not receiving salary from the State budget currently working at medical facilities in the People's Police.

Article 2. On the standby allowance system as stipulated in Article 2 of Decision No. 73/2011/QĐ-TTg

1. Principles for Implementing the Regular Duty System

Implement in accordance with the provisions of Clause 1, Article 2 of Decision No. 73/2011/QĐ-TTg.

2. Workforce Standards During Shifts

a) The manpower quota for one shift at medical facilities with beds in the People's Police shall be as follows:

- For hospitals that have been classified, the manpower quota for one shift shall be implemented according to the provisions of Point a, Clause 2, Article 2 of Decision No. 73/2011/QĐ-TTg.

- For hospitals that have not been classified, the number of people in one shift shall be determined according to the formula:

When determining the number of people in one shift according to the above formula, if the result is a decimal number, it shall be rounded off according to the principle: If the number after the decimal point is 5 or more, it will be rounded up to one unit, otherwise it will be discarded.

Example 1: Hospital A of the People's Police currently has 25 beds, the number of people arranged for one shift is: 12/100 x 25 = 3 (people);

Example 2: Hospital B of the People's Police currently has 30 beds, the number of people arranged for one shift is: 12/100 x 30 = 3.6 = 4 (people);

- For infirmaries and other medical facilities in the People's Police, the number of people in one shift shall be determined based on the situation, requirements, and tasks by the head of the unit, ranging from 2 to 5 people per shift. In exceptional cases where a larger number of people need to be arranged for each shift, the leadership of the main management General Department shall report to the Ministry (through the General Department for Building the People's Police Force) for consideration and supplementary decision-making.

b) The manpower quota for one shift as stipulated in Point a, Clause 2 of this Article is the highest manpower quota. The heads of units and localities shall determine the number of people in one shift based on the actual bed usage capacity.

3. Provisions for officers and contractual employees participating in standby duty

a) Officers and contractual employees participating in standby duty shall enjoy the following benefits: Standby allowance, meal support, and compensatory leave as stipulated in Points a, b, and c, Clause 3, Article 2 of Decision No. 73/2011/QĐ-TTg.

As for the standby allowance for officers and contractual employees at infirmaries and other medical facilities in the People's Police, the level of standby allowance shall be implemented according to the regulations applicable to military-civilian infirmaries.

* Example of how to calculate the benefits when participating in standby duty:

Example 3: Comrade Nguyen Van C performs 24-hour standby duty at the Intensive Care Unit of Hospital 19/8, and enjoys the following standby benefits:

- On regular days: The standby allowance is: 1.5 x 115,000 VND = 172,500 VND; receives meal support of 15,000 VND and is entitled to one day of compensatory leave.

- On Saturdays and Sundays: The standby allowance is: 1.3 x 172,500 VND = 224,250 VND; receives meal support of 15,000 VND and is entitled to one day of compensatory leave.

- On holidays and Tet: The standby allowance is: 1.8 x 172,500 VND = 310,500 VND; receives meal support of 15,000 VND and is entitled to two days of compensatory leave.

Example 4: Comrade Tran Van D performs 16-hour standby duty at the Outpatient Department of Traditional Medicine Hospital, and enjoys the following standby benefits:

- Traditional Medicine Hospital, shall enjoy the permanent duty regime as follows:

- On regular days: The standby allowance is: 0.75 x 90,000 VND = 67,500 VND and is entitled to at least 12 hours of compensatory leave.

- On Saturdays and Sundays: The standby allowance is: 1.3 x 67,500 VND = 87,750 VND and is entitled to at least 12 hours of compensatory leave.

- On holidays and Tet: The standby allowance is: 1.8 x 67,500 VND = 121,500 VND and is entitled to at least 12 hours of compensatory leave.

b) Officers and contractual employees who are mobilized to work during compensatory leave time shall be rescheduled for compensatory leave at another time. The overtime pay system is temporarily not implemented.

Article 3. Regarding the allowance for epidemic prevention as stipulated in Article 3 of Decision No. 73/2011/QĐ-TTg

1. Members of the Anti-Epidemic Steering Committee (established by the Ministry of Public Security); officers, contractual workers, cooperators, and volunteers from the People's Public Security force who are mobilized to participate in anti-epidemic tasks during the epidemic period shall also enjoy the allowance for epidemic prevention as prescribed in Article 3 of Decision No. 73/2011/QĐ-TTg.

2. Officers and non-commissioned officers who simultaneously receive the allowance for epidemic prevention and are entitled to subsistence allowances under other regulations shall only be entitled to the highest subsistence allowance.

Article 4. Regarding the allowance for surgery and procedures as stipulated in Article 4 of Decision No. 73/2011/QĐ-TTg

1. The object and level of the allowance for surgery and procedures shall be implemented according to Clause 1 and Clause 2 of Article 4 of Decision No. 73/2011/QĐ-TTg.

2. Based on the classification of surgeries and procedures by the Ministry of Health; the list of procedures eligible for procedure allowances and manpower quotas for each surgery and procedure; the General Logistics and Technical Department shall guide the implementation for medical facilities within the People's Public Security force.

Article 5. Regarding the responsibility for payment as stipulated in Article 5 of Decision No. 73/2011/QĐ-TTg

1. Heads of medical facilities within the People's Public Security force shall be responsible for paying special health allowances prescribed in Decision No. 73/2011/QĐ-TTg to officers and contractual workers under their management.

2. Payment of the allowance for epidemic prevention for members of the Anti-Epidemic Steering Committee, cooperators, and volunteers who are part of the Public Security force shall be made by the Anti-Epidemic Steering Committee's permanent office or the entity assigned to handle anti-epidemic duties on a 24/7 basis.

Article 6. Effectiveness

1. This Circular takes effect from December 28, 2012. The Circular No. 2560/BCA(X13) dated December 26, 2003 of the Ministry of Public Security guiding the implementation of the regular professional medical duty system at medical facilities of the Public Security force as stipulated in the Joint Circular No. 09/2003/TTLT-BYT-BTC-BNV dated September 29, 2003 of the Ministry of Health, Ministry of Finance, and Ministry of Home Affairs is hereby abolished.

2. The benefits prescribed in this Circular shall be calculated from February 15, 2012.

Article 7. Implementation Organization

1. Public Security units and localities shall be responsible for organizing the implementation of this Circular. Annually, Public Security units and localities shall be responsible for preparing and reporting to the Ministry of Public Security (through the Financial Bureau) the budget estimate for implementing the special health allowance regime as required by the State Budget Law.

2. The Financial Bureau shall be responsible for reviewing and consolidating the financial needs for implementing the allowances prescribed in Decision No. 73/2011/QĐ-TTg reported and prepared by Public Security units and localities, and submitting the budget estimate to the Ministry of Finance as required.

3. The General Department of Public Security Force Construction, the General Logistics and Technical Department, and the Financial Bureau shall be responsible for guiding and inspecting Public Security units and localities in implementing this Circular.

4. During the implementation process, if there are any difficulties, units and localities shall report to the Ministry (through the General Department of Public Security Force Construction and the General Logistics and Technical Department) for research and resolution./.