Sending a question to the Ministry of Health, reader T.T.H said: "My husband works at the Commune Health Station under the District Health Center, in 2022, there will be a decision to second him to the District Health Department, and his salary and benefits will still be at the District Health Center, and he will receive a 40% preferential allowance.
I would like to ask, in my husband's case, will I receive any allowances or incentives, or will I only receive salary? Is there any mechanism applied to ensure the rights of seconded civil servants? ".
Regarding this issue, the Ministry of Health responded as follows:
On February 15, 2025, the Government issued Decree No. 05/2023/ND-CP amending and supplementing a number of articles of Decree No. 56/2011/ND-CP dated July 4, 2011 regulating preferential allowances according to profession for civil servants and public employees working at public health facilities. Accordingly, it is stipulated that:
- Article 1: "Professional allowances for preventive medicine and grassroots medicine staff apply from January 1, 2022 to December 31, 2023:
a) The 100% allowance applies to civil servants who regularly and directly work in preventive medicine (including border health quarantine); do medical practice at Commune, Ward, Town Health Stations, Regional General Clinics, Obstetrics and Gynecology Houses, District, Town Health Centers, Provinces, Cities under provinces and centrally run cities and district, county, town, city hospitals under provinces and centrally run cities.
b) During the period of application of preferential allowances according to occupation for preventive medicine officers, grassroots health workers specified in Clause 7 of this Article shall not apply the provisions in Point c, Clause 2 and the provisions for regular and directly performing preventive medicine in Clause 4, Article 3".
- In Clause 2, Article 3: "From January 1, 2024 onwards, the preferential allowance level according to the profession for preventive medicine and grassroots medicine staff shall comply with the provisions from Clause 1 to Clause 6, Article 3 of Decree No. 56/2011/ND-CP, Decree amending, supplementing or replacing (if any)".
Decree No. 56/2011/ND-CP dated July 4, 2011 of the Government stipulates:
- Clause 1, Article 2: "Each civil servant and public employee is only entitled to one preferential allowance according to the highest level".
- Clause 4, Article 3: "The 40% allowance is applied to civil servants and public employees who regularly and directly practice preventive medicine; testing, medical examination and treatment; infection control, patient care, rehabilitation; medical assessment; traditional medicine; pharmaceuticals, cosmetics; food safety and hygiene, medical equipment; reproductive health at public health facilities and at nursing facilities for war invalids, sick soldiers, and people with special disabilities, except for cases specified in Clauses 1, 2, 3 of this Article".
- Clause 5, Article 27 of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government and Clauses 4, 5, 6, Article 36 of the Law on Civil Servants: "During the period of secondment, public service units that send seconded civil servants are responsible for ensuring salaries and other benefits of civil servants".
The content of Ms. H's question did not clearly state specific information, therefore, based on the above regulations, in case the civil servant is seconded in accordance with the provisions of law and meets the above regulations, the competent authority will consider giving him a preferential allowance according to the corresponding profession.
