Joint Circular No. 02/2013/TTLT-BNV-BLDTBXH-BTC-BYT guiding the procedures, formalities, files, and levels of support for individuals directly participating in Red Cross activities who suffer accidents resulting in health damage.

JOINT CIRCULAR

Hguiding procedures, formalities, files, and levels of support for individuals directly participating in Red Cross activities who have been involved in accidents leading to health damageỗ hỗ trợ

person directly involved directly participating in

Red Cross activities

_____________________

Pursuant to Decree No. 03/2011/NĐ-CP dated January 7, 2011 of the Government detailing and providing implementation measures for the Law on Red Cross Activities;

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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

The Minister of Home Affairs, the Minister of Labor, Invalids and Social Affairs, the Minister of Finance, and the Minister of Health issue this joint circular guiding the procedures, formalities, files, and levels of support for individuals directly participating in Red Cross activities who have been involved in accidents leading to health damage as prescribed in Clause 2, Article 3 of Decree No. 03/2011/NĐ-CP.

Article 1. Scope and Applicability

1. This Circular applies to Vietnamese citizens and foreigners directly participating in Red Cross activities in Vietnam who have been involved in accidents leading to health damage.

2. This Circular does not apply to cases determined to be work-related accidents for which the employer provides compensation according to Article 145 of the Labor Code.

Article 2. Interpretation of Terms

1. Individuals directly participating in Red Cross activities are Vietnamese citizens and foreigners guided by the Vietnam Red Cross or provincial and municipal Red Cross organizations to participate in Red Cross activities in Vietnam as prescribed in Clause 1 or Clause 2, Article 2 of Decree No. 03/2011/NĐ-CP.

2. Accidents leading to health damage are incidents causing injury to any part or function of the body of individuals directly participating in Red Cross activities.

Article 3. Supporting medical expenses for treatment and recovery of health and lost or reduced functions for accident victims

1. For accident victims who have subscribed to health insurance, the payment of medical expenses for treatment and recovery of health and lost or reduced functions shall be carried out in accordance with the laws on health insurance.

2. For accident victims without health insurance, the state budget will support medical expenses for treatment and recovery of health and lost or reduced functions at the level of medical examination and treatment costs for insured persons covered by the health insurance fund as stipulated in Point d, Clause 1, Article 22 of the Health Insurance Law.

Article 4. Supporting actual income losses for accident victims during treatment and recovery of health and lost or reduced functions

1. Actual income losses

a) Actual income loss is the income of the accident victim lost during the period of treatment and recovery of health and lost or reduced functions. Example: Before the accident, Mr. Nguyen Van A had an average monthly actual income of 3,000,000 VND (three million dong). During the period of treatment and recovery of health, he did not receive this income; in this case, Mr. Nguyen Van A's actual income loss for one month is 3,000,000 VND (three million dong).

b) Actual income reduction is the income of the accident victim reduced during the period of treatment and recovery of health and lost or reduced functions. Example: Before the accident, Ms. Tran Thi B had an average monthly actual income of 3,000,000 VND (three million dong). During the period of treatment and recovery of health, she received 50% (fifty percent) of her salary from the agency, which is 1,500,000 VND (one million five hundred thousand dong). In this case, Ms. Tran Thi B's actual income reduction for one month is 1,500,000 VND (one million five hundred thousand dong).

2. Level of support for actual income losses:

a) If the accident victim has subscribed to social insurance, the level of support is calculated based on the salary or wage being paid into social insurance and stable other actual income confirmed by the paying agency (if any) of the month immediately preceding the accident, divided by the number of days (the number of days in the month according to the social insurance participation contract) before the accident multiplied by the time (number of days) for treatment and recovery of health and lost or reduced functions;

b) If the accident victim has identifiable income but has not subscribed to social insurance, the level of support is calculated based on the average monthly income of the three months immediately preceding the accident (if less than three months, then the average of the actual months) before the accident, divided by the number of days (26 days in the month) multiplied by the time (number of days) for treatment and recovery of health and lost or reduced functions;

c) If the accident victim cannot identify their income or has unstable income, the average income of workers in the same category is applied. If the average income of workers in the same category cannot be calculated, the average monthly income of salaried workers is applied, divided by the number of days (26 days in the month) multiplied by the time (number of days) for treatment and recovery of health and lost or reduced functions, based on data from the General Statistics Office's survey results on living standards (if there are no survey results for the year when the accident occurred, the most recent year's data is used);

d) In the case of foreign accident victims with income from sources outside Vietnam, the provisions of Point c, Clause 2, of this Article shall apply.

3. The level of support is one-time equal to the amount of income loss or reduction but not exceeding thirty times the actual income loss of the accident victim as stipulated in Clause 1 of this Article.

Article 5. Documents, procedures for supporting medical expenses and actual income lost or reduced, and sources of funding

a) The request for examination letter from the Red Cross Association (original);

b) The record confirming the status of the accident victim established by the Red Cross Association with confirmation from the People's Committee of the commune where the accident occurred or the public security agency where the accident occurred (original or certified copy if sent via postal service, photocopy and original for comparison if sent directly);

c) Discharge certificate, payment invoices for medical examination and treatment costs and other costs not covered by health insurance for workers participating in health insurance (original or certified copy if sent via postal service, photocopy and original for comparison if sent directly);

d) Valid documents regarding actual income according to monthly wages or salaries of the accident victim confirmed by the organization or individual employing the laborer for the competent state authority to determine actual income lost or reduced (original or certified copy if sent via postal service, photocopy and original for comparison if sent directly), including: Labor contracts, salary increase decisions by the employing organization or individual or lists of actual income of the accident victim and other documents proving legitimate actual income (if any);

a) Within 10 (ten) working days from the date the accident victim has been treated, recovered, and regained lost or reduced functions; the Red Cross Association managing the accident victim shall establish 01 (one) set of documents in accordance with Clause 1 of this Article and submit it to the Department of Labor, Invalids, and Social Affairs at the same location for examination;

b) Within 20 (twenty) working days from the date all documents specified in Clause 1 of this Article are received, the Department of Labor, Invalids, and Social Affairs shall cooperate with the social insurance agency and relevant agencies to examine and issue a response letter to the Red Cross Association;

c) Within 10 (ten) working days from the date of receiving the examination letter from the Department of Labor, Invalids, and Social Affairs, the Red Cross Association shall review and pay the expenses. In case of disagreement, a response letter stating the reasons shall be issued;

3. Funding for supporting medical expenses as stipulated in Clause 2, Article 3 of this Circular and supporting actual income lost or reduced for accident victims as stipulated in Article 4 of this Circular shall be guaranteed by the State budget for the Red Cross Association according to the current State budget classification. The Red Cross Association shall manage, disburse, and settle accounts in accordance with the provisions of the law.

Article 6. Effectiveness

This Circular takes effect from September 1, 2013. During implementation, if there are difficulties, please report to the Ministry of Home Affairs so that the Ministry of Home Affairs can coordinate with the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and the Ministry of Health to study and resolve them./.