Nghị định 56/2011/NĐ-CP phụ cấp ưu đãi với viên chức y tế công lập

DECREE

Prescribing the occupation-specific preferential allowance applicable to civil servants and public employees at public health facilities

__________________

THE GOVERNMENT

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to the 12th National Assembly’s Resolution No. 18/2008/NQ-QH12 dated June 03, 2008, on strengthening the implementation of socialization policies and laws to improve the healthcare service quality;

At the proposals of the Minister of Health, the Minister of Home Affairs and the Minister of Finance,

DECREES:

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the occupation-specific preferential allowance applicable to commune-, ward- and township-level health civil servants, public employees and officers (currently working under contracts in accordance with the Prime Minister’s Decision No. 58/TTg dated February 03, 1994, on a number of issues related to organization of, and policy regimes applicable to grassroots health facilities) who directly work as medical professionals; civil servants and public employees engaged in management and services who do not directly work as medical professionals in the specialties of HIV/AIDS, leprosy, tuberculosis, psychiatry, pathology, and forensic medicine (hereinafter referred to as civil servants and public employees) in public health facilities.

2. This Decree does not apply to professional medical cadres and public employees of the armed forces.

Article 2. Principles of application and allowance calculation

1. Each public employee or civil servant shall only be entitled to an occupation-specific preferential allowance with the highest level.

2. Occupation-specific preferential allowance shall be calculated as a percentage (hereinafter written as %) of the salary of the current rank or level, plus allowances for leadership positions, and allowances for working years in excess of the required number of working years (if any) of the beneficiaries.

Article 3. Allowance

1. The allowance of 70% shall be applied to civil servants and public employees who regularly and directly perform the following jobs:

a) Testing, examining, treating and taking care of patients with HIV/AIDS, leprosy, tuberculosis and mental illness;

b) Medical assessment, forensic psychiatry, pathology.

2. The allowance of 60% shall be applied to civil servants and public employees who regularly and directly perform the following jobs:

a) Examining, treating and taking care of patients in emergency, emergency resuscitation, emergency 115, infectious disease;

b) Testing and prevention of infectious diseases;

c) Border health quarantine.

3. The allowance of 50% shall be applied to civil servants and public employees who regularly and directly provide medical examination and treatment or take care of, or serve pediatric patients or patients with anesthesia, resuscitation, intensive care, anti-toxicity, burns and dermatology.

4. The allowance of 40% shall be applied to civil servants and employees who regularly and directly work in preventive medicine; test; medical examination and treatment; infection control, patient care, functional rehabilitation; medical examination; traditional medicine; cosmeceuticals; food safety and hygiene, medical equipment; reproductive health at public health facilities and at nursing facilities for invalids, sick soldiers and people with special disabilities, except for the cases specified in Clauses 1, 2 and 3 of this Article.

5. The allowance of 30% shall be applied to the following civil servants and public employees:

a) Civil servants and public employees who regularly and directly work as medical professionals in order to disseminate and educate about healthcare, population and family planning;

c) Civil servants and public employees engaged in management and services who do not directly work as medical professionals at facilities, institutions, specialized hospitals or centers of HIV/AIDS, leprosy, tuberculosis, psychiatry, pathology, and forensic medicine.

6. For civil servants and public employees who do not directly work as medical professionals; civil servants and public employees engaged in the management and service at health units in general (non-business units) (except for those specified at Point b Clause 5 of this Article), public employees who work as medical professionals in agencies, units or schools, heads of such units shall, based on the job characteristics and revenue, consider and decide the allowance, but not exceed 20% compared to the salary of the current rank or level plus allowances for leadership positions, and allowances for working years in excess of the required number of working years (if any) of the beneficiaries.

Article 4. Funding

Funding for implementation of the allowance regimes specified in this Decree shall be guaranteed by the State budget according to the current budget decentralization, revenues of health facilities from their non-business operations and other lawful sources.

Article 5. Effect

This Decree takes effect on August 19, 2011, and repeals the Prime Minister’s Decision No. 276/2005/QD-TTg dated November 01, 2005, prescribing the occupation-specific preferential allowance applicable to civil servants and public employees at State-owned health facilities.

Article 6. Implementation responsibility

1. The Ministry of Health, the Ministry of Home Affairs and the Ministry of Finance shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People's Committees of provinces and centrally-run cities shall implement this Decree./.