Joint Circular No. 03/2003/TTLT-BLDTBXH-BTC-BNV on 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

On guiding the regime for workers directly participating in and serving the work of delineating and marking boundary markers on the land border between Vietnam and China

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Implementing Decision No. 166/2002/QĐ-TTg dated November 22, 2002 of the Prime Minister regarding certain regimes to be applied to workers directly participating in and serving the work of delineating and marking boundary markers on the land border between Vietnam and China, after exchanging opinions with relevant ministries and sectors, the Joint Circular of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Home Affairs guides implementation as follows:

I. OBJECTS

1. Objects:

a) Those individuals appointed by state authorities with competent jurisdiction to join groups delineating and marking boundaries, including: civil servants; engineers, technical staff, and technical workers in state-owned enterprises; officers, professional military personnel, non-commissioned officers, and soldiers in armed forces;

b) Those working at the Steering Committee for delineating and marking boundaries in border provinces (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, professional military personnel, non-commissioned officers, and soldiers in armed forces (including those appointed by state authorities with competent jurisdiction to work irregularly at the Steering Committees for delineating and marking boundaries in border provinces);

c) Those working at the Government's Steering Committee and those currently employed in agencies, ministries, sectors, and centrally governed cities mobilized to serve the groups delineating and marking boundaries;

d) Workers in localities mobilized to serve the groups delineating and marking boundaries.

2. Subjects not subject to application:

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

b) Officers, professional military personnel, non-commissioned 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, officials, and workers implementing design, production, and transportation of boundary markers to border provinces under a separate project of the Ministry of Construction.

II. REGIMES TO BE APPLIED:

1. For subjects specified in paragraph a, point 1, Section I above, the following regimes shall apply:

a) Salary:

They shall receive their original rank-based salary, position-based salary, military rank-based salary, and allowances (if applicable) as stipulated in Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government temporarily regulating new salary systems for administrative and public service officials, armed forces, and in 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 delineating and marking boundaries (referred to as off-duty working days) in areas where regional allowance rates are 0.7 or higher compared to the minimum wage shall receive VND 120,000 per day; VND 100,000 per day in areas where regional allowance rates are 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, War Invalids and Social Affairs, the Ministry of Finance, and the Commission for Ethnic Minorities and Mountainous Areas;

- Days working indoors, in tents, huts, camps located at the border site (not working outside on-site referred to as on-duty working days) shall receive VND 70,000 per day. When applying these living allowance rates, they shall not receive overtime pay, forest camping fees, meal break fees, and travel expenses according to current regulations.

c) In addition to the salary and living allowance stipulated in points a and b above, those assigned to lead groups for delineating and marking boundaries shall receive the following allowances:

- A monthly rate of VND 150,000, applicable to Group Leaders;

- A monthly rate of VND 100,000, applicable to Deputy Group Leaders.

d) They shall be provided with labor protective equipment, medical supplies, personal protective 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 according to current regulations.

đ) Those directly involved in delineating and marking boundaries who die or are injured in one of the cases stipulated 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 wounded veterans. The establishment of files, consideration, and recognition shall be carried out according to the guidance in Joint Circular No. 16/1998/TTLT-BLĐTBXH-BQP-BCA dated November 25, 1998 of the Joint Circular of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security.

2. For subjects specified in paragraph b, point 1, Section I above, the following regime shall apply:

a) They shall receive their original rank-based salary, position-based salary, military rank-based salary, and allowances (if applicable), and the system of promotion in rank, grade, and military rank salary as stipulated in Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government temporarily regulating new salary systems for administrative and public service officials, armed forces, and in enterprises.

b) They shall receive monthly allowances:

- A monthly rate of VND 200,000, applicable to Provincial Boundary Delineation and Marking Steering Committee Leaders;

- A monthly rate of VND 150,000, applicable to Deputy Provincial Boundary Delineation and Marking Steering Committee Leaders;

- A monthly rate of VND 100,000, applicable to specialized staff assisting the Provincial Boundary Delineation and Marking Steering Committee.

c) Days directly working on-site at the border shall receive living allowances as those directly involved in delineating and marking boundaries specified in paragraph b, point 1 above. When receiving these living allowances, they shall not receive overtime pay, forest camping fees, meal break fees, and travel expenses according to current regulations.

d) Be provided with labor protective equipment, be supplied with medical drugs and personal protective equipment during working days on the border site.

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

a) On days directly working on the border site, they shall enjoy subsistence allowances at the same level as those directly engaged in demarcation and setting up boundary markers 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 fees, meal allowance between shifts, and travel expenses according to current regulations.

b) Be provided with labor protective equipment, be supplied with medical drugs and personal protective equipment during working days on the border site.

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

When there is a need to mobilize local labor to serve demarcation and setting up boundary marker groups, the Steering Committee or the demarcation and setting up boundary marker 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 equal to 15% of the wage rate).

b) During the period of performing the labor contract, if workers take sick leave, they shall receive sickness benefits equivalent to 75% of the wage rate recorded in the labor contract. The maximum number of sick leave days eligible for benefits shall not exceed 12 days/month.

c) Be provided with labor protective equipment and personal protective equipment in accordance with current regulations.

d) In cases where workers suffer workplace accidents while performing tasks under the contract or traveling 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, they will be referred for assessment to determine the degree of reduced work capacity by the Medical Assessment Council of the Ministry of Health. If the reduction in capacity is between 5% and 10%, they will receive a one-time benefit equivalent to six months of the minimum wage set by the State at the time of payment; over 10% but not more than 20%, they will receive a one-time benefit equivalent to nine months of the minimum wage; over 20% but not more than 30%, they will receive a one-time benefit equivalent to twelve months of the minimum wage; over 30%, for every additional 1%, they will receive an additional half month of the minimum wage.

In cases where workers die due to workplace accidents or occupational diseases during the performance of tasks under the contract, the funeral expenses for their relatives shall be subsidized at eight months of the minimum wage, and a one-time benefit equivalent to five months of the minimum wage set by the State shall be provided.

e) In addition to resolving rights when suffering workplace accidents, if workers suffer disabilities due to workplace accidents, they shall be entitled to benefits according to the provisions of the law for disabled persons, depending on the degree of disability that reduces their work capacity.

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

1/ Agencies and units assigned the task of demarcating and setting up boundary markers must implement the establishment of budgets, distribution, 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 any), subsidies, and subsistence allowances for individuals directly participating in and serving the demarcation and setting up of boundary markers shall be carried out as follows:

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

- Rank, position, military rank salaries, and allowances (if any) shall be paid by the agencies and units directly managing them before being assigned to demarcation and setting up boundary marker groups, in accordance with general regulations.

- Subsistence allowances and subsidies for members of demarcation and setting up boundary marker groups and subsidies for Group Leaders and Deputy Group Leaders shall be paid by the provincial border demarcation and setting up boundary marker steering committees based on the actual number of working days on the border 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, Section I:

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

- Subsistence allowances and subsidies for Steering Committee Leaders and Assistant Specialists, and subsistence allowances for those working at the Government's demarcation and setting up boundary marker steering committee and those working in central ministries, sectors, provinces, and cities directly under the central government who are mobilized to serve demarcation and setting up boundary marker groups shall be paid by the steering committees based on the actual number of working days on the border site (for those receiving subsistence allowances) and monthly (for those receiving subsidies).

c) For local subjects mobilized to serve demarcation and setting up boundary marker groups: wages and other benefits agreed upon in the contract and stipulated in this Circular shall be paid by the provincial border demarcation and setting up boundary marker steering committees.

When paying subsistence allowances as specified in points a and b and wages for mobilized workers serving demarcation and setting up boundary marker groups as specified in point c, if there are fractional working days, they shall be rounded off according to the principle: 1/2 day or less shall be rounded to 1/2 day, and more than 1/2 day shall be rounded to 1 full day.

3/ For the subjects specified in sub-item a, point 1, Section I, who were dispatched by competent state authorities to demarcation and setting up boundary marker 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/day (for internal working days). Workers who have been temporarily advanced or paid at a lower rate shall be compensated to the aforementioned subsistence allowance level.

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 amount of the difference in payment, 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 means of transportation 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 or funds to purchase personal protective equipment, individual protective gear, 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 Committee of the Government (now the Ministry of Home Affairs), and shall take effect from December 1, 2002.

During the implementation process, if there are any difficulties, please report them to the Joint Ministries for resolution.