Thông tư liên tịch 28/2015/TTLT-BYT-BNV

JOINT CIRCULAR

PROVIDING FOR CODE AND STANDARDS FOR TITLE OF NUTRITION SPECIALIST

Pursuant to the Law on Civil servants dated November 15, 2010;

Pursuant to Decree No. 29/2012/ND-CP dated April 12, 2012 by the Government providing for recruitment, employment and management of civil servants;

Pursuant to Decree No. 204/2004/ND-CP dated December 14, 2004 by the Government on salary regime for cadres, officials, civil servants and the armed forces; Decree No. 17/2013/ND-CP dated December 19, 2013 by the Government amending a number of articles of Decree No. 204/2004/ND-CP dated December 14, 2004 by the Government providing for salary regime for cadres, officials, civil servants and the armed forces;

Pursuant to the Decree No. 63/2012/ND-CP dated August 31, 2012 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Health;

Pursuant to Decree No. 58/2014/ND-CP dated June 16, 2014 by the Government defining the functions, tasks, entitlements and organizational structure of Ministry of Home Affairs;

The Minister of Health and the Minister of Home Affairs promulgate the Joint Circular providing for code and standards for title of nutrition specialist.

Chapter I

GENERAL PROVISIONS

Article 1.  Scope of regulation and regulated entities

1. This Joint Circular provides for code and standards for title of nutrition specialist and appointment and wage grading according to specific titles of nutrition specialist.

2. This Joint Circular applies to any civil servants being nutrition specialist who are working in public non-business units.

Article 2. Codes and classification of title of nutrition specialist

Article 3. General standards for professional ethics

1. Being dedicated to serving the career of care, protection and improvement of people’s health.

2. Understanding and complying well with code of conduct of civil servants of health sector.

3. Practicing profession in accordance with regulations and procedures for technical profession and other regulations of law.

4. Respecting and listening to opinions of patients and community on the needs of nutrition and food safety to improve the community health.

5. Being honest, objective, fair, responsible, respectful and collaborative with colleagues in practicing profession.

Chapter II

STANDARDS FOR TITLE OF NUTRITION SPECIALIST

Article 4. Grade II nutrition specialist – Code: V.08.09.24

1. Duties:

a) Preside over and organize the implementation of regulations, procedures and professional treatment regimens with respect to public nutrition, dietetics and food safety;

b) Preside over and participate in professional council and draw up plans on activities related to public nutrition, dietetics and food safety;

c) Preside over and conduct inspection and supervision of activities related to nutrition, dietetics and food safety;

d) Manage equipment serving professional activities within responsibility;

dd) Preside over the information communication, education, consultation and line direction with respect to public nutrition, dietetics and food safety;

e) Preside over and organize the conduction of scientific research and provision of training and take charge of professional and technical skills professional civil servants, learners and students within responsibility;

g) Preside over the compilation of documents and textbooks about nutrition, dietetics and food safety and give lessons on request;

h) Formulate and implement regulations, procedures and professional treatment regimen with respect to nutrition, dietetics and food safety;

i) Conduct inspection and supervise activities related to nutrition, dietetics and food safety;

k) Monitor the management of equipment serving professional activities within responsibility;

l) Communicate information, provide education, provide advice and monitor the line management regarding nutrition, dietetics and food safety;

m) Conduct scientific research, provide education and training and take charge of professional and technical skills of civil servants, learners and students within responsibility;

n) Participate in the compilation of documents and textbooks about nutrition, dietetics and food safety and give lessons on request.

2. Standards for qualifications:

a) Having the level-1 speciality degree or the master’s degree specialized in nutrition;

b) Having foreign language proficiency of Level 3 or higher according to regulations in Circular No. 01/2014/TT-BGDDT dated January 24, 2014 by The Ministry of Education and Training.

c) Having computer level satisfying the basic standard of information technology as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 by the Ministry of Information and Communications;

d) Having the certificate of training in standards for title of grade II nutrition specialist.

3. Standards for professional skills:

a) Having knowledge about viewpoints, policies and laws of Party and State on protection, care and improvement of people’s health.

b) Having skills to identify issues about nutrition and food safety and formulate plans and food safety and nutrition intervention studies and propose appropriate and effective intervention solutions;

c) Having capacity for communicating information, providing education and consultation about nutrition and food safety;

d) Being expert in diagnosing and handling issues related to nutrition and food safety;

dd) Being the chairman or secretary or main participant (50% of time or more) of scientific research project at basic level or specialized scientific invention with satisfactory acceptance;

e) An official must have the time to hold the title of grade III nutrition specialist or equivalent for at least 09 years, in which the most recent period of holding the title of grade III nutrition specialist is 02 years to receive an grade promotion from the title of grade III nutrition specialist to the title of grade II nutrition specialist.

Article 5. Grade III nutrition specialist – Code: V.08.09.25

1. Duties:

a) Organize the implementation of regulations, procedures and professional treatment regimens with respect to public nutrition, dietetics and food safety;

b) Draw up plans on activities related to public nutrition, dietetics and foods safety for disease prevention and treatment.

c) Conduct inspection and supervision of activities related to nutrition, dietetics and food safety: conduct inspection of the storage, processing, retention, transport and distribution of food, ensuring the quality, conformity and safety of food;

d) Directly manage equipment that is used for professional activities within responsibility;

dd) Communicate information, provide education, provide advice and monitor the line management regarding nutrition, dietetics and food safety;

e) Participate in scientific research, education, training and technical and professional guidance for civil servants, learners and students within responsibility;

g) Participate in the compilation of documents and textbooks about nutrition, dietetics and food safety and participate in giving lessons on request.

2. Standards for qualifications:

a) Having a university degree or higher, specialized in nutrition;

b) Having foreign language proficiency of Level 2 or higher according to regulations in Circular No. 01/2014/TT-BGDDT dated January 24, 2014 by The Ministry of Education and Training;

c) Having computer level satisfying the basic standard of information technology as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 by the Ministry of Information and Communications.

3. Standards for professional skills:

a) Having knowledge about viewpoints, policies and laws of Party and State on protection, care and improvement of people’s health;

b) Being expert in gaining information, diagnosing and handling issues related to nutrition and food safety;

c) Having skills to identify issues about nutrition and food safety and propose appropriate and effective intervention solutions;

d) Having skills to formulate plans, organize and monitor activities related to nutrition and food safety;

dd) Having capacity for communicating information, providing education and consultation about nutrition and food safety.

Article 6. Grade IV nutrition specialist – Code: V.08.09.26

1. Duties:

a) Implement regulations, procedures and professional treatment regimens with respect to public nutrition, dietetics and food safety;

b) Carry out activities related to public nutrition, dietetics and foods safety for disease prevention and treatment.

c) Conduct inspection and supervision of activities related to nutrition, dietetics and food safety: conduct inspection of the storage, processing, retention, transport and distribution of food, ensuring the quality, conformity and safety of served food;

d) Directly manage equipment that is used for professional activities within responsibility;

dd) Communicate information, provide education, provide advice and monitor the line management regarding nutrition, dietetics and food safety;

e) Participate in scientific research and participate in providing professional and technical guidance on request

2. Standards for qualifications:

a) Having a college degree of in nutrition;

b) Having foreign language proficiency of Level 1 or higher according to regulations in Circular No. 01/2014/TT-BGDDT dated January 24, 2014 by The Ministry of Education and Training;

c) Having computer level satisfying the basic standard of information technology as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 by the Ministry of Information and Communications.

3. Standards for professional skills:

a) Having knowledge about viewpoints, policies and laws of Party and State on protection, care and improvement of people’s health;

b) Being capable of gaining information about nutrition and food safety;

c) Having skills to identify issues about nutrition and food safety and propose appropriate and effective intervention solutions;

d) Having skills to handle issues related to nutrition and food safety on request;

dd) Having capacity for communicating information and providing education and consultation about nutrition and food safety;

Chapter III

GUIDANCE ON APPOINTMENT AND WAGE GRADING  ACCORDING TO TITLES

Article 7. Principles of appointment and wage grading according to titles, applicable to civil servants

1. The appointment of a civil servant prescribed in this Joint Circular to a title must be based on his/her position and tasks.

2. There is no wage or grade promotion of title of civil servants upon the appointment from the current scale of civil servant to a corresponding title of nutrition specialist.

Article 8. Entities eligible for title appointment

Civil servants who have been appointed to the scales of health civil servant as stipulated in Decision No.415/TCCP-VC dated May 29, 1993 by the Minister of Home Affairs, are now appointed to the title of nutrition specialist specified in this Joint Circular as follows:

1. A health civil servant currently carrying out nutrition work and holding the scale of civil servant earning A2 wage (group A2.1) shall be appointed to the title of grade II nutrition specialist (code: V.08.09.24);

2. A health civil servant currently carrying out nutrition work and holding the scale of civil servant earning A1 wage shall be appointed to the title of grade III nutrition specialist (code: V.08.09.25);

3. A health civil servant currently carrying out nutrition work and holding the scale of civil servant earning A0 wage shall be appointed to the title of grade IV nutrition specialist (code: V.08.09.26).

Article 9. Wage grading

1. The titles of nutrition specialist specified in this Joint Circular are entitled to application of professional payroll for cadres and civil servants in the State non-business units (Table 3) enclosed with Decree No. 204/2004/ND-CP dated 14 December 2004 by the Government, particularly as follows :

a) Grade II nutrition specialists (Code: V.08.09.24) are entitled to the civil servants’ wage rate from 4.40 to 6.78 (A2.1);

b) Grade III nutrition specialists (Code: V.08.09.25) are entitled to the civil servants’ wage rate from 2.34 and 4.98;

c) Grade IV nutrition specialists (Code: V.08.09.26) are entitled to the civil servants’ wage rate from 2.10 and 4.89.

2. Wage grading after probation period and title appointment:

When a civil servant completes a probation period and obtains a decision of a civil servant management authority on title appointment, he/she shall hold the wage grade as follows:

a) The holder of a doctor’s degree in nutrition is entitled to wage rate of 3.00 of grade III nutrition specialists (code: V.08.08.25);

b) The holder of a master degree in nutrition is entitled to wage rate of 2.67 of grade III nutrition specialists (code: V.08.08.25).

3. The wage grading of titles of civil servant specified in Clause 1 of this Article for civil servant that are classified to scales of civil servants specialized in health and Decree No. 204/2004/ND-CP dated December 14, 2004 by the Government is carried out as follows:

Any civil servants qualified for appointment to a title of nutrition specialist with the wage rate equal to that of the current scale shall hold the same wage grade and % of the seniority pay (if any) received in the current scale (including the calculation of time to consider the increase in wage grade for the next time or the seniority pay, if any, in the current scale) in the appointed title.

4. The grade promotion of title for a health civil servant is carried out after he/she is appointed by a competent authority to a title of nutrition specialist specified in this Joint Circular and he/she has his/her wage graded as guided in Clause 1, Section II of Circular No. 02/2007/TT-BNV dated 25 May, 2007 by the Ministry of Home Affairs.

Chapter IV

IMPLEMENTARY CLAUSE

Article 10. Effect

This Joint Circular comes into effect from November 20, 2015.

Article 11. Transitional clause

Regarding civil servants appointed to civil servant scales of health who are appointed to titles of nutrition specialist as prescribed in this Joint Circular, competent authorities managing and hiring such civil servants shall enable them to achieve the standards for the appointed titles.

Article 12. Organization of implementation

1. This Joint Circular is the ground to carry out the recruitment, employment and management of nutrition specialists in the public medical facilities.

2. The non-public medical facilities may apply regulations in this Joint Circular for recruitment, employment and management of nutrition staff at their medical facilities.

3. The Heads of public medical facilities directly managing and employing officials are responsible for:

a) Reviewing the working positions at their units, formulating plans for appointment of titles of nutrition specialist under their management and submit them to competent authorities for consideration and decision or issue decisions according to decentralized authority;

b) Deciding the appointment of titles for nutrition specialists under their management to the respective title of nutrition specialist under their authority or decentralization or authorization after the plans for appointment of title are approved by the competent authorities.

4. Responsibilities of Ministries, ministerial-level agencies, Governmental agencies, People’s Committee:

a) Direct units under their management to carry out the title appointment and wage grading for nutrition civil servants in public medical facilities;

b) Grant approval for plans for title appointment and wage grading for nutrition civil servants in public medical facilities under their management from current scales of civil servant to the respective titles of nutrition specialist specified in this Joint Circular; take measures within their competence for problems arising during the title appointment and wage grading;

c) Decide the title appointment and wage grading for civil servants under their management to the respective titles of nutrition specialist in public units according to competence.

d) Report the result of title appointment and wage grading for nutrition civil servant in public medical facilities under their management to the Ministry of Health and the Ministry of Home Affairs.

Article 13. Implementation

1. The Minister, Heads of ministerial-level agencies, Heads of Governmental agencies; Presidents of People’s Committees of central-affiliated cities and provinces and agencies, organizations and individuals that are relevant are responsible for implementing this Joint Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health for consideration and solution./.