Nghị định 26/2016/ND-CP

DECREE

ON PROVISION OF BENEFITS AND ALLOWANCES FOR PUBLIC OFFICIALS, PUBLIC EMPLOYEES AND WORKERS WORKING IN REHABILITATION CENTERS AND PUBLIC SOCIAL ASSISTANCE CENTERS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Officials dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

At the request of the Minister of Labor, War Invalids and Social Affairs,

The Government hereby promulgates a Decree on provision of benefits and allowances for public officials, public employees and workers working in rehabilitation centers and public social assistance centers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for provision of benefits and allowances for public officials, public employees and workers working in rehabilitation centers and public social assistance centers that are established and operated in accordance with regulations of law (below collectively referred to as “centers”).

2. This Decree does not apply to the centers affiliated to armed force.

Article 2. Regulated entities

1. Salary-graded contract and detached public officials , public employees and workers that are defined in the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004 and work in rehabilitation centers and public social assistance centers set forth in Clause 2 of this Article.

2. The centers mentioned in Clause 1 Article 2 of this Decree include:

a) Rehabilitation centers include: voluntary rehabilitation centers; compulsory rehabilitation centers; social centers; multifunctional centers; centers for managing, providing training and jobs for drug addicts after rehabilitation;

b) Public social assistance centers include: integrated social protection centers; disadvantaged children care centers; elderly care centers; disability care centers; mentally health care and rehabilitation centers; social work centers.

Article 3. Rules for application and methods for determination of benefits and job-related allowances

1. Special benefits provided for public officials and public employees working in the centers defined in Point a Clause 2 Article 2 of this Decree.

2. Job-related allowances provided for public officials and public employees by their titles; standards, tasks and place of work in accordance with regulations of law.

a) Each public official and public employee shall be only entitled to a job-related allowance at the highest rate defined in Articles 7 and 8 of this Decree;

b) Any public official and public employee under the policy specified in Clause 1 Article 2 of this Decree and under the same policy specified in another legislative document shall be only entitled to the highest allowance under such policy.

3. Methods for determination

a) Job-related allowances specified in Articles 7 and 8 of this Decree shall be determined according to the salary by scale, title and current rank plus (+) leadership allowances and extra-seniority allowances (if any). To be specific:

b) The benefits and job-related allowances specified Articles 6, 7 and 8 of this Decree shall be paid along with the monthly salary.

c) The benefits and job-related allowances specified in Articles 6, 7 and 8 of this Decree shall not be used for determination of compulsory social insurance, health insurance and unemployment insurance premiums and payout.

Article 4. Period of time not used for determination of job-related allowances

A public official/public employee/worker shall not be entitled to job-related allowances,

1. while he/she is going on a mission, working or studying abroad and is entitled to 40 % of his/her salary as prescribed in Clause 4 Article 8 of the Government’s Decree No. 204/2004/ND-CP dated December 14, 2004.

2. if he/she is provided with domestic training for more than 3 consecutive months and does not directly perform his/her professional tasks assigned to a public official/public employee.

3. if he/she takes unpaid leave for at least 1 consecutive month.

4. while he/she is taking unpaid leave and still receiving social insurance payout.

5. if he/she is kept in temporary detention, suspended from his/her employment or suspended from his/her professional tasks for at least 1 month.

6. if he/she is assigned to go on a mission and perform other tasks by a competent authority for at least 1 consecutive month.

Article 5. Funding sources

Funding for provision of benefits and allowances specified in this Decree includes: state budget; revenues from provision of public services; revenues from labor supply and other legal funding sources.

Chapter II

BENEFITS AND ALLOWANCES

Article 6. Special benefits

1. Every public official/public employee working in the centers specified in Point a Clause 2 Article 2 shall be entitled to a special benefit of at least VND 500,000 per person per month.

2. According to local condition, the People's Council of the province or central-affiliated city shall decide on a benefit higher than the one specified in this Decree.

Article 7. Job-related allowances provided for public officials and public employees working in rehabilitation centers

1. Health allowances:

a) A 70% allowance is granted to a public official/public employee who directly provides treatment, care and testing services for HIV/AIDS drug addicts;

b) A 50% allowance is granted to a public official/public employee who directly provides healthcare services and cares, secures, protects, transports and serves HIV/AIDS drug addicts in the centers located in extremely disadvantaged areas;

c) A 40% allowance is granted to a public official/public employee who directly provides healthcare services and cares, secures, protects, transports and serves HIV/AIDS drug addicts in the centers located in the remaining areas;

d) A 35% allowance is granted to a public official/public employee who provides healthcare services and directly serves drug addicts during their detoxification in the centers located in extremely disadvantaged areas;

dd) A 30% allowance is granted to a public official/public employee who provides healthcare services and directly serves drug addicts during their detoxification in the centers located in the remaining areas.

2. Educational allowances:

b) A 50% allowance is granted to a public official/public employee who directly provides compulsory education, behavioral education and training for drug addicts,  drug addicts after rehabilitation and HIV/AIDS patients in the centers located in extremely disadvantaged areas;

b) A 40% allowance is granted to a public official/public employee who directly provides compulsory education, behavioral education and training for drug addicts, drug addicts after rehabilitation and HIV/AIDS patients in the centers located in the remaining areas.

3. A 25% allowance is granted to a public official/public employee who does not directly provide healthcare services, compulsory education, behavioral education and training in the centers located in extremely disadvantaged areas and a 15% allowance is granted to a public official/public employee who performs such tasks in the centers located in the remaining areas.

Article 8. Job-related allowances provided for public officials and public employees working in social assistance centers

1. A 70% allowance is granted to a public official/public employee who regularly and directly provides testing, treatment, care and assistance for persons with HIV/AIDS, leprosy, tuberculosis, mental illness; particularly severely disabled persons.

2. A 60% allowance is granted to a public official/public employee who regularly and directly provides testing, treatment, care and assistance for elderly people who are unable to care for themselves, children aged 4 or younger.

3. A 50% allowance is granted to a public official/public employee who regularly and directly provides testing, treatment, care and assistance for particularly severely disabled persons.

4. A 40% allowance is granted to a public official/public employee who regularly and directly provides testing, treatment, care and assistance for children aged 4 or older, people in need of urgent protection, elderly people.

5. A 30% allowance is granted to a public official/public employee who does not directly provide testing, treatment, care and assistance for persons with HIV/AIDS, leprosy, tuberculosis and mental illness; particularly severely and severely disabled persons; the elderly who are unable to care for themselves, children aged 4 or younger;

6. Regarding the public official/public employee who is not directly involved in social work and healthcare services; public official/public employee who is directly involved in social work and healthcare services is in charge of managing and providing services in the centers (except for those specified in Clause 5 of this Article), the head of the center shall, according to his/her specific tasks and the revenue, consider granting an allowance which must not exceed 20% of his/her salary by scale, current rank plus (+) leadership allowances and extra-seniority allowances (if any).

Chapter III

IMPLEMENTATION CLAUSE

Article 9. Effect

1. This Decree comes into force from June 01, 2016.

2. The Government’s Decree No. 114/2007/ND-CP dated July 03, 2007 is null and void from the effective date of this Decree.

Article 10. Responsibility for implementation

The Minister of Labor, War Invalids and Social Affairs shall provide guidelines for this Decree.

Ministers, heads of ministerial agencies, heads of Governmental agencies and People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.