Guidance on job-based preferential allowance in Vietnam under Decree 05/2023/ND-CP

Guidance on job-based preferential allowance in Vietnam under Decree 05/2023/ND-CP (Internet image)

1. Application period for implementation of Decree 05/2023/ND-CP

Article 1 of Decree 05/2023/ND-CP stipulates:

“Job-based preferential allowances for preventive healthcare and grassroots health workers apply from January 1, 2022 to the end of December 31, 2023”

2. Subjects entitled to preferential allowance for medical profession in Decree 05/2023/ND-CP

Implemented Conclusion No. 25-KL/TW dated December 30, 2021 of the Politburo: "Adjust the job-based preferential allowances for preventive healthcare and grassroots health workers from 40-70% to 100%”, the Government issued Decree 05/2023/ND-CP, which stipulates in Article 1 as follows:

“7. Job-based preferential allowances for preventive healthcare and grassroots health workers apply from January 1, 2022 to the end of December 31, 2023:

“a) The allowance rate of 100% applies to public employees who regularly and directly work in preventive medicine (including border medical quarantine); do medical professionals at health stations of communes, wards and townships, regional polyclinics, maternity wards, medical centers of districts, urban districts, towns, provincial cities, and cities affiliated to central-affiliated cities and hospitals of districts, urban districts, towns, provincial cities, and cities affiliated to central-affiliated cities.

b) During the period of application of job-based preferential allowance for preventive medicine and grassroots health workers specified in Clause 7 of this Article, Point c, Clause 2 and regulations for public employees who regularly and directly work in preventive medicine specified in Clause 4, Article 3.”

Thus, the beneficiaries of the 100% vocational incentive allowance according to the provisions of Decree 05/2023/ND-CP are job-based preferential allowances for preventive healthcare and grassroots health workers regularly and directly working in preventive medicine who  have been and are enjoying preferential allowances according to the profession at the rate of 40% - 70% specified in Decree 56/2011/ND-CP and Joint Circular 02/2012/TTLT-BYT-BNV-BTC.

3. Other cases of enjoying medical profession incentives in Vietnam under Decree 05/2023/ND-CP

- Cases that are not subject to application of Decree 05/2023/ND-CP shall continue to apply job-based preferential allowances according to occupations specified in Decree 56/2011/ND-CP and Joint Circulars 02/2012/TTLT-BYT-BNV-BTC (such as health education communication, population - family planning; administrative and non-medical service staff, .....) .

- Employment contract:

Clause 1, Article 1 of Decree 56/2011/ND-CP stipulates:

"This Decree stipulates the job-based preferential allowances based on occupations for civil servants, public employees, and health officials of communes, wards, and townships (who are working under the contract regime according to the Prime Minister's Decision 58/TTg dated February 3, 1994, stipulating a number of organizational and policy issues for grassroots health care).

However, at present, Decree 117/2014/ND-CP stipulates:

“People working at commune health stations are public employees”.

Therefore, there are no more people working under the contract regime under Decision 58/TTg at the Commune Health Station.

4. Subjects of public employees who are receiving the preferential allowance for medical profession of 70% in Decree 76/2019/ND-CP in Vietnam

Clause 1, Article 2 of Decree 56/2011/ND-CP stipulates:

"Each civil servant or public employee is entitled to only one level of preferential allowance according to the profession at the highest level".

Clause 1, Article 3 of Decree 76/2019/ND-CP stipulates:

Cadres, civil servants, public employees, employees, and wage earners in the armed forces who are subject to the policies specified in this Decree and are subject to the application of policies of the same type specified in other legal documents shall only be entitled to the highest level of such policy.

Thus, from January 1, 2022, to now, public employees have been entitled to occupational preferential allowances as prescribed in Decree 76/2019/ND-CP. If they are eligible for the preferential allowance according to their profession (100%) as prescribed in Decree 05/2023/ND-CP, they shall be entitled to receive the difference between the level of occupational preferential allowance already enjoyed.

5. The level of preferential allowance for medical professions for retired public employees in Vietnam

Public employees who are eligible for preferential allowances according to their professions specified in Decree 05/2023/ND-CP who have retired, quit their jobs, or transferred to another agency or unit are entitled to preferential allowances according to their profession during their working time at the unit before retiring, resigning, or changing jobs.

6. Public employees are seconded from January 1, 2022, to the end of December 31, 2023 in Vietnam

It is proposed to comply with the provisions of Clause 5, Article 27 of Decree 115/2020/ND-CP, and Clauses 4, 5, 6, Article 36 of the Law on Public Employees:

"During the secondment period, the public service unit that appoints the seconded official is responsible for ensuring the salary and other benefits of the public employee. Officials are dispatched to mountainous, border, island, deep-lying, remote, and ethnic minority areas with extremely disadvantageous socio-economic conditions and are entitled to support policies as prescribed by the Government.

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