JOINT CIRCULAR No. 03/2003/TTLT/BLDTBXH-BTC-BNV Circular guiding the treatment for workers directly participating in and serving the work of delineating and marking boundary markers on the land border between Vietnam and China

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING REGULATIONS ON LABOR PARTICIPATING IN AND SUPPORTING THE WORK OF BOUNDARY MARKING AND DELIMITATION ON THE LAND BORDER BETWEEN VIETNAM AND CHINA

Pursuant to Decision No. 166/2002/QĐ-TTg dated November 22, 2002 of the Prime Minister on certain regulations applicable to labor directly participating in and supporting the work of boundary marking and delimitation on the land border between Vietnam and China, after exchanging opinions with relevant ministries and agencies, the Joint Circular of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs hereby provides guidance as follows:

I. OBJECTS

1. Scope of application:

a) Persons assigned by competent state authorities to join boundary marking and delimitation groups, including: civil servants; engineers, technical staff, and technical workers in state-owned enterprises; officers, non-commissioned officers, and soldiers in the armed forces;

b) Persons working at provincial border demarcation and marking committees (Lai Chau, Lao Cai, Ha Giang, Cao Bang, Lang Son, Quang Ninh), including: civil servants; engineers, technical staff, and technical workers in state-owned enterprises; officers, non-commissioned officers, and soldiers in the armed forces (including those assigned by competent state authorities to work irregularly at provincial border demarcation and marking committees);

c) Persons working at the Government Steering Committee and those currently employed in agencies, ministries, sectors, provinces, and centrally governed cities mobilized to serve the boundary demarcation and marking groups;

d) Local workers mobilized to serve the boundary demarcation and marking groups.

2. Non-applicable Subjects:

a) Officers, non-commissioned officers, warrant officers, and soldiers, and those receiving salaries in the armed forces engaged in mine clearance and obstacle removal along the Vietnam-China border under a separate project of the Ministry of National Defense;

b) Officers, non-commissioned officers, warrant officers, and soldiers, and those receiving salaries in the armed forces performing road construction and patrol duties along the border funded by local border management budgets;

c) Civil servants and employees involved in designing, producing, and transporting boundary markers to border provinces under a separate project of the Ministry of Construction.

II. APPLICABLE REGULATIONS:

1. For the subjects specified in paragraph a, point 1, Section I above, the following benefits shall be applied:

a) Salary:

They shall receive their original rank-based salary, position-based salary, military rank-based salary, and allowances (if any) as stipulated in Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government regarding temporary regulations on new salary systems for administrative and public service civil servants, armed forces personnel, and employees in state-owned enterprises. The system of promotion in rank, grade, and military rank salary shall be implemented according to current regulations.

b) Living allowance rate:

- Days working on-site for boundary demarcation and marking (called off-duty days) in areas with regional allowance coefficients of 0.7 or higher compared to the minimum wage shall be entitled to VND 120,000 per day; VND 100,000 per day in areas with regional allowance coefficients below 0.7 compared to the minimum wage as stipulated in Joint Circular No. 03/TTLT-BLĐTBXH-BTC-UBDTMN dated January 18, 2000 of the Joint Circular of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Commission for Ethnic Minorities and Mountainous Areas;

- Days working in houses, tents, huts, camps located at the border site (not working outside the field called on-duty days) shall be entitled to VND 70,000 per day.

When applying these living allowance rates, they shall not be entitled to overtime pay, forest camping fees, meal break fees, and travel expenses as stipulated in current regulations.

c) In addition to the salary and living allowance stipulated in points a and b above, those assigned to lead boundary demarcation and marking groups as Group Leaders or Deputy Group Leaders shall receive the following allowances:

- VND 150,000 per month for Group Leaders;

- VND 100,000 per month for Deputy Group Leaders.

d) They shall be provided with labor protective equipment, medical supplies, personal protection equipment, tents, and hammocks to ensure normal daily living; they shall be entitled to annual leave and reimbursement for train and bus fares for leave trips according to current regulations.

đ) Those directly involved in boundary demarcation and marking who die or are injured in one of the cases prescribed in Article 11 and Article 25 of Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution shall be considered and recognized as martyrs or disabled veterans. The establishment of files, consideration, and recognition shall be carried out according to the guidelines set forth in Joint Circular No. 16/1998/TTLT-BLĐTBXH-BQP-BCA dated November 25, 1998 of the Joint Circular of the Ministry of Labor, Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security.

2. For the subjects specified in paragraph b, point 1, Section I above, the following benefits shall be applied:

a) They shall receive their original rank-based salary, position-based salary, military rank-based salary, and allowances (if any) as stipulated in Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government regarding temporary regulations on new salary systems for administrative and public service civil servants, armed forces personnel, and employees in state-owned enterprises.

b) They shall receive monthly allowances:

- VND 200,000 per month for Provincial Border Demarcation and Marking Committees' Chairpersons;

- VND 150,000 per month for Deputy Chairpersons of Provincial Border Demarcation and Marking Committees;

- VND 100,000 per month for specialized staff assisting Provincial Border Demarcation and Marking Committees.

c) Days directly working on-site at the border shall entitle them to the same living allowances as those directly involved in boundary demarcation and marking as stipulated in paragraph b, point 1 above. When receiving these living allowances, they shall not be entitled to overtime pay, forest camping fees, meal break fees, and travel expenses as stipulated in current regulations.

d) Being provided with labor protective equipment, being supplied with medical drugs and personal protective equipment during working days at the border site.

3. For the subjects specified in sub-item c, point 1, item I above, the following benefits shall be enjoyed:

a) On days directly working at the border site, they shall enjoy subsistence allowances equivalent to those of personnel directly engaged in demarcation and marker placement as stipulated in sub-item b, point 1 mentioned above. When enjoying these subsistence allowances, they shall not be entitled to overtime pay, forest camping allowance, inter-shift meal allowance, and travel expenses as currently prescribed.

b) Being provided with labor protective equipment, being supplied with medical drugs and personal protective equipment during working days at the border site.

4. For the subjects specified in sub-item d, point 1, item I above, the following benefits shall be enjoyed:

When there is a need to mobilize local labor to serve demarcation and marker placement groups, the Steering Committee or the demarcation and marker placement group must conclude individual labor contracts with each worker in accordance with labor laws. The terms agreed upon in the labor contracts include:

a) The wage rate for actual work performed locally, set by the Department of Labor, Invalids and Social Affairs in coordination with the Department of Finance and Price Control (the wage rate includes social insurance contributions amounting to 15% of the wage rate).

b) During the period of performing the labor contract, if workers take sick leave, they shall receive sickness benefit equal to 75% of the wage rate recorded in the labor contract. The maximum number of sick leave days eligible for benefit payment per month does not exceed twelve days.

c) Being provided with labor protective equipment and personal protective equipment according to current regulations.

In case a worker suffers a workplace accident while performing tasks under the contract or on the way from their residence to the workplace, the employer shall bear all medical expenses and pay 100% of the wage during the treatment period at a healthcare facility. After stabilizing the injury, the worker will be referred for assessment to determine the degree of reduced work capacity by the Medical Examination Council of the Ministry of Health. If the reduction in work capacity is between 5% and 10%, a one-time allowance equal to six months of the minimum wage prescribed by the State at the time of payment shall be granted; over 10% up to 20%, a one-time allowance equal to nine months of the minimum wage; over 20% up to 30%, a one-time allowance equal to twelve months of the minimum wage; over 30%, for every additional 1% increase, half a month of the minimum wage shall be added.

In case a worker dies due to a workplace accident or occupational disease during the performance of tasks under the contract, the funeral expenses for the bereaved family shall be subsidized by eight months of the minimum wage, and a one-time allowance equal to five months of the minimum wage prescribed by the State shall be granted.

In addition to resolving rights when suffering a workplace accident, if a worker suffers a disability due to a workplace accident, they shall be entitled to benefits according to the provisions of the law for disabled persons, depending on the degree of disability affecting their work capacity.

III. ESTABLISHING BUDGETS, PAYMENTS, AND SETTLING BENEFITS FOR WORKERS

1. Agencies and units assigned the task of demarcation and marker placement must implement the establishment of budgets, disbursement, and settlement of benefits as stipulated in Part II of this Circular in accordance with the guidelines of the Ministry of Finance.

2. The payment of wages, allowances (if applicable), subsidies, and subsistence allowances for individuals directly participating in and serving the demarcation and marker placement of borders shall be carried out as follows:

a) For the subjects specified in sub-item a, point 1, item I:

- Rank, position, military rank salaries, and allowances (if applicable) shall be paid by the agencies and units directly managing them before being assigned to the demarcation and marker placement groups according to general regulations.

- Subsistence allowances and subsidies for members of the demarcation and marker placement groups and subsidies for Group Leaders and Deputy Group Leaders shall be paid by the provincial border demarcation and marker placement Steering Committees based on the actual number of days worked on-site (for those receiving subsistence allowances) and monthly (for Group Leaders and Deputy Group Leaders receiving subsidies).

b) For the subjects specified in sub-items b and c, point 1, item I:

- Rank, position, military rank salaries, and allowances (if applicable) shall be paid by the agencies and units assigning personnel to participate or assist the Steering Committee according to general regulations.

- Subsistence allowances and subsidies for Steering Committee Leaders and Assistant Specialists, subsistence allowances for personnel working at the central government's demarcation and marker placement Steering Committee, and those working in various ministries, sectors, provinces, and centrally-administered cities who have been mobilized to serve the border demarcation and marker placement groups shall be paid by the respective Steering Committees based on the actual number of days worked on-site (for those receiving subsistence allowances) and monthly (for those receiving subsidies).

c) For local subjects mobilized to serve the border demarcation and marker placement: wages and other benefits agreed upon in the contract and stipulated in this Circular shall be paid by the provincial border demarcation and marker placement Steering Committees.

When paying subsistence allowances as specified in points a and b and wages for mobilized labor as specified in point c above, if there are fractional days worked, they shall be rounded off according to the principle: fractions of a day up to 1/2 day shall be rounded down to 1/2 day, and fractions over 1/2 day shall be rounded up to a full day.

3/ For the subjects specified in sub-item a, point 1, item I, who were dispatched by competent state agencies to the demarcation and marker placement groups before Decision No. 166/2002/QĐ-TTg dated November 22, 2002, of the Prime Minister took effect to prepare for the work, the actual working days shall also be entitled to a subsistence allowance of 70,000 VND per day (for internal workdays). If workers have already received advance payments or settlements at a lower rate, they shall be compensated to the level of the aforementioned subsistence allowance.

The ministries, sectors, and localities managing workers directly involved in delineating and marking border boundaries shall be responsible for directly paying and settling from the budget allocated for delineating and marking border boundaries the difference amount, based on the confirmation by the Steering Committee for delineating and marking border boundaries of the provinces regarding the actual number of working days of the workers in the groups delineating and marking border boundaries up to November 31, 2002.

4. For the subjects specified in item a, point 1, section I, when taking leave, if the agencies and units cannot arrange transportation means to pick up and drop off, they shall be reimbursed for train and bus fares for leave. This expense shall be paid by the Steering Committee for delineating and marking border boundaries of the border provinces according to current regulations.

5. The Steering Committee for delineating and marking border boundaries of the border provinces shall prepare budgets and propose to competent state agencies to provide equipment for labor protection, personal protective equipment, and medical supplies for the subjects as stipulated by current regulations; prepare a budget for hiring local labor to serve the groups delineating and marking border boundaries and pay wages to workers based on actual working days or completed tasks, after the determination of wage rates for types of work by the Department of Labor, Invalids and Social Affairs and the Department of Finance and Prices, and confirmed by the groups delineating and marking border boundaries.

IV. IMPLEMENTATION

1. Ministries, sectors, and localities with personnel engaged in delineating and marking border boundaries on the land between Vietnam and China shall be responsible for directing and organizing implementation according to the provisions of this Circular.

2. This Circular replaces Circular No. 07/TTLT-BLDTBXH-BTC-BTCCBCP dated May 27, 2002, jointly issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Civil Service Management Board of the Government (now the Ministry of Home Affairs), and shall take effect from December 1, 2002.

Any difficulties encountered during implementation should be reported to the Joint Ministries for resolution./.