Reader Phan Thi Thanh Hai said that according to Decree No. 56/2011/ND-CP regulating preferential allowances according to profession for civil servants and public employees working at public health facilities, there is no distinction between civil servants and public employees with code V.05 or V.08.
In Joint Circular No. 02/2012/TTLT-BYT-BNV-BTC guiding the implementation of Decree No. 56/2011/ND-CP, it only talks about people who directly and indirectly perform medical tasks. So, are people who directly perform medical tasks entitled to the 40% allowance?
The Ministry of Health responded to this issue as follows:
Currently, the preferential allowance regime according to profession for civil servants working at public health facilities is implemented according to the provisions of the following documents: Decree No. 56/2011/ND-CP dated July 4, 2011 of the Government stipulating the preferential allowance regime according to profession for civil servants and public employees working at public health facilities; Joint Circular No. 02/2012/TTLT-BYT-BNV-BTC dated January 19, 2012 of the Ministry of Health, Ministry of Home Affairs, Ministry of Finance guiding the implementation of Decree No. 56/2011/ND-CP and Decree No. 05/2023/ND-CP of the Government amending and supplementing a number of articles of Decree No. 56/2011/ND-CP.
On October 1, 2014, the Ministry of Science and Technology and the Ministry of Home Affairs issued Joint Circular No. 24/2014/TTLT-BKHCN-BNV regulating codes and standards for professional titles of civil servants specializing in science and technology; the Circular takes effect from December 1, 2014.
Accordingly, Joint Circular No. 24/2014/TTLT-BKHCN-BNV replaces Decision No. 11/2006/QD-BNV dated October 5, 2006 of the Minister of Home Affairs on promulgating professional standards for civil servant ranks in the field of science and technology; abolishes regulations on the list of civil servant ranks related to the field of science and technology in the List of civil servant ranks and public employee ranks issued together with Decision No. 78/2004/QD-BNV dated November 3, 2004 of the Minister of Home Affairs.
Thus, civil servants who regularly and directly perform medical expertise according to the Job Position Project, arrange and assign workers, and appoint professional titles in accordance with the job positions approved by competent authorities, subject to the provisions of Article 1 of Decree No. 56/2011/ND-CP and Article 2 of Joint Circular No. 02/2012/TTLT-BYT-BNV-BTC, are entitled to preferential allowances according to the corresponding level of the profession. However, Ms. Hai's question only stated "Are people directly performing medical tasks entitled to a 40% allowance?", which is not enough basis to answer.
