Circular No. 04/2005/TT-BLDTBXH guiding the implementation of hazardous and dangerous job allowances in state-owned companies pursuant to Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government.

CIRCULAR

Guidelines for Implementing Hazardous and Dangerous Subsidiary Allowances in State-Owned Enterprises

pursuant to Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government

To implement Decree No. 205/2004/NĐ-CP dated December 14, 2004 of the Government on the wage scale system and wage allowance system in state-owned enterprises, the Ministry of Labor - Invalids and Social Affairs provides guidelines for implementing hazardous and dangerous subsidiary allowances as follows:

I. SCOPE OF APPLICATION

Hazardous and dangerous subsidiary allowances apply to those engaged in occupations or jobs with hazardous or dangerous conditions, or particularly hazardous or dangerous conditions in state-owned enterprises operating under the Law on State-Owned Enterprises where the hazardous or dangerous factors have not been determined or sufficiently reflected in the wage level, including:

1. State-owned enterprises:

- State-owned corporations:

+ State-owned corporations established under the Law on State-Owned Enterprises in 1995 and State-owned corporations established by the State's decision to invest and establish under the Law on State-Owned Enterprises in 2003;

+ State-owned holding companies established by self-investment of enterprises (holding companies under the parent company - subsidiary model);

+ State-owned investment and business capital companies.

- Independent state-owned enterprises.

2. Member companies of holding companies that are independently accounted for and established by the State's decision.

The above holding companies and enterprises are referred to as enterprises.

II. LEVELS AND APPLICATION OBJECTS OF HAZARDOUS AND DANGEROUS SUBSIDIARY ALLOWANCES

Hazardous and dangerous subsidiary allowances include four levels: 0.1; 0.2; 0.3; 0.4 relative to the general minimum wage, specified as follows:

1. Level 1, coefficient 0.1, applicable to:

- Production and business workers directly engaged in occupations or jobs in Group I who switch to occupations or jobs in Group II of the same wage scale;

- Those receiving position-based wages or specialized vocational wages, administrative support staff working at places where production and business workers perform occupations or jobs in Group II of the wage scales;

- Those receiving position-based wages or specialized vocational wages, administrative support staff working at places where production and business workers perform occupations or jobs according to wage tables with the following hazardous or dangerous factors:

+ Direct contact with toxic substances, toxic gases, toxic dust at high concentrations, working in environments prone to infectious diseases;

+ Working in environments with high pressure or low oxygen, places excessively hot or cold due to production technology, under dangerous weather conditions;

+ Jobs generating loud noise or working in places with continuous vibration at frequencies exceeding permissible occupational safety and health standards;

+ Working in environments with radiation, radiation rays, or electromagnetic fields exceeding permissible standards.

2. Level 2, coefficient 0.2, applicable to:

- Production and business workers directly engaged in occupations or jobs in Group I or Group II who switch to occupations or jobs in Group III of the same wage scale;

- Those receiving position-based wages or specialized vocational wages, administrative support staff working at places where production and business workers perform occupations or jobs in Group III of the wage scales.

3. Level 3, coefficient 0.3, applicable to:

- Production and business workers directly engaged in occupations or jobs in Group I or Group II who switch to occupations or jobs in Group III of the same wage scale but must be classified as Category V according to the list of particularly hazardous or dangerous occupations issued by the Ministry of Labor - Invalids and Social Affairs;

- Those receiving position-based wages or specialized vocational wages, administrative support staff working at places where production and business workers perform mining tunnel jobs.

4. Level 4, coefficient 0.4, applicable to production and business workers directly engaged in occupations or jobs in Group I or Group II who switch to occupations or jobs in Group III of the same wage scale but must be classified as Category VI according to the list of particularly hazardous or dangerous occupations issued by the Ministry of Labor - Invalids and Social Affairs.

III. CALCULATION METHOD FOR HAZARDOUS AND DANGEROUS SUBSIDIARY ALLOWANCES

1. Hazardous and dangerous subsidiary allowances are included in the unit price of wages and recorded in production costs or business expenses and paid monthly along with regular wages based on actual time worked in hazardous or dangerous work environments. If working less than 4 hours in a day, it is counted as half a day's work, if working 4 hours or more, it is counted as a full day.

2. This Circular takes effect 15 days after its publication in the Official Gazette and replaces Circular No. 23/LĐTBXH-TT dated July 7, 1993 of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of hazardous and dangerous subsidiary allowances. The provisions of this Circular shall be implemented from October 1, 2004.

During the implementation process, if there are any difficulties, please report them to the Ministry of Labor - Invalids and Social Affairs for consideration and resolution./.