Circular No. 04/2021/TT-BLDTBXH provides guidance on certain benefits for individuals directly mobilized to extinguish fires, those serving fire suppression efforts, members of civilian defense teams, and grassroots and specialized firefighting teams participating in training and professional development.

CIRCULAR

GUIDELINES ON CERTAIN REGIMES FOR PERSONS MOBILIZED AND CONSCRIPTED TO COMBAT FIRES, PERSONS ASSISTING IN FIRE COMBAT, MEMBERS OF VOLUNTEER FIRE DEPARTMENTS, AND PERSONS FROM FIRE PREVENTION AND CONTROL UNITS AND PROFESSIONAL UNITS PARTICIPATING IN TRAINING,AND BUSINESS SKILLS DEVELOPMENT IN FIRE PREVENTION AND CONTROL

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Decree No. Article 14/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Decree No. Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing certain provisions and measures to implement the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating;

Pursuant to the proposal of the Director of the Directorate of Labor Relations and Wages;

The Minister of Labor - Invalids and Social Affairs issues this Circular to guide certain regimes for persons mobilized and conscripted to combat fires, persons assisting in fire combat, members of volunteer fire departments, and persons from fire prevention and control units and professional units participating in training and business skills development in fire prevention and control.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain regimes prescribed in Clause 8, Article 50 of Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing certain provisions and measures to implement the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating (hereinafter referred to as Decree No. 136/2020/ND-CP), including:

1. Regime for persons mobilized and conscripted to combat fires and assist in fire combat upon summons or mobilization by authorized persons in cases of accidents, accidents resulting in reduced work capacity according to the conclusion of the Medical Appraisal Board, injuries, injuries falling under one of the cases specified in the Ordinance on Preferential Treatment for Persons with Meritorious Services in the Cause of National Liberation and Defense, deaths, deaths falling under one of the cases specified in the Ordinance on Preferential Treatment for Persons with Meritorious Services in the Cause of National Liberation and Defense.

2. Regime for members of volunteer fire departments, fire prevention and control units at the grassroots level, and professional units when participating in training and business skills development in fire prevention and control.

3. Regime for members of volunteer fire departments, fire prevention and control units at the grassroots level, and professional units when participating in training and business skills development in fire prevention and control who suffer accidents, health damage, or death.

Article 2. Applicability

1. Agencies, organizations, and individuals as prescribed in Decree No. 136/2020/ND-CP include the following cases:

a) Persons mobilized and conscripted to combat fires and assist in fire combat.

b) Members of volunteer fire departments, fire prevention and control units at the grassroots level, and professional units.

c) Authorized persons mobilizing and conscripting persons to combat fires and assist in fire combat.

d) Authorized persons mobilizing members of volunteer fire departments, fire prevention and control units at the grassroots level, and professional units to participate in training and business skills development in fire prevention and control.

đ) Agencies, units, and organizations directly responsible for managing persons mobilized and conscripted to combat fires and assist in fire combat, members of volunteer fire departments, fire prevention and control units at the grassroots level, and professional units (hereinafter referred to as direct management units).

2. Other agencies, organizations, and individuals related to the implementation of the provisions of this Circular.

Chapter II
REGIME FOR PERSONS MOBILIZED AND CONSCRIPTED TO COMBAT FIRES AND ASSIST IN FIRE COMBAT WHO SUFFER ACCIDENTS, INJURIES, OR DEATHS

Article 3. Treatment for persons directly mobilized to extinguish fires and provide fire-fighting services who suffer accidents or injuries

1. Medical examination and treatment costs

a) Persons participating in mandatory health insurance who suffer accidents or injuries shall have their medical examination and treatment costs covered by the social insurance agency according to the laws on health insurance; the direct managing unit shall cover the co-payment portion and other medical expenses not included in the list of expenses covered by health insurance.

b) Persons not participating in health insurance who suffer accidents or injuries shall have all their medical examination and treatment costs covered by the direct managing unit according to the service prices for medical examinations and treatments at public healthcare facilities as prescribed by the competent authority.

2. Allowance based on the degree of reduced work capacity

a) Persons participating in mandatory social insurance who suffer accidents or injuries and meet the conditions to enjoy the occupational accident insurance benefits shall have the social insurance agency pay a one-time allowance or monthly allowance, and service allowance based on the degree of reduced work capacity and the number of years they have contributed to social insurance according to the laws on labor safety and hygiene.

b) Persons not participating in mandatory social insurance, those currently receiving pension or monthly social insurance allowance, those who have received a one-time social insurance benefit, or those participating in mandatory social insurance but do not meet the conditions to enjoy occupational accident insurance benefits when suffering accidents or injuries shall have the direct managing unit pay a one-time allowance or monthly allowance, and service allowance based on the degree of reduced work capacity (excluding allowances calculated based on the number of years of social insurance contributions). The amount of the allowance equals the one-time allowance or monthly allowance, and service allowance for workers with reduced work capacity as stipulated by the laws on labor safety and hygiene.

3. Persons meeting the conditions to be recognized as war invalids or persons enjoying policies similar to those for war invalids according to the Ordinance on Preferential Treatment for Those Contributing to the Revolution shall be eligible for the war invalid policy or policies similar to those for war invalids upon approval by the competent authority.

Article 4. Treatment for persons directly mobilized to extinguish fires and provide fire-fighting services who die

1. Persons participating in social insurance, those preserving time contributing to social insurance with at least 12 months of contributions, those receiving pension or monthly social insurance allowance who die while extinguishing fires or providing fire-fighting services, or die during the first period of treatment due to accidents while extinguishing fires or providing fire-fighting services, their dependents shall receive a monthly or one-time death benefit; organizations, individuals organizing funerals shall receive funeral assistance according to the laws on social insurance.

2. Persons not participating in social insurance or those who have received a one-time social insurance benefit who die while extinguishing fires or providing fire-fighting services, or die during the first period of treatment due to accidents while extinguishing fires or providing fire-fighting services, their dependents and organizations, individuals organizing funerals shall receive assistance from the direct managing unit as follows:

a) Dependents shall receive a one-time death benefit equal to the one-time death benefit for death due to occupational accidents according to the laws on labor safety and hygiene or a monthly death benefit equal to the monthly death benefit for persons participating in social insurance according to the laws on social insurance. The conditions for receiving a one-time or monthly death benefit must comply with the conditions regarding dependents as stipulated by the laws on social insurance for persons participating in social insurance.

b) Organizations, individuals organizing funerals shall receive funeral assistance. The amount of funeral assistance equals the funeral assistance for persons participating in social insurance according to the laws on social insurance.

3. Persons meeting the conditions to be recognized as martyrs according to the Ordinance on Preferential Treatment for Those Contributing to the Revolution shall be eligible for recognition as martyrs upon approval by the competent authority.

Chapter III
REGIME FOR MEMBERS OF THE PEOPLE'S FIRE-FIGHTING TEAM, FIRE-FIGHTING AND FIRE PREVENTION BASE TEAMS, AND PROFESSIONAL FIRE-FIGHTING PERSONNEL WHEN PARTICIPATING IN TRAINING AND SKILL DEVELOPMENT IN FIRE PREVENTION AND FIRE-FIGHTING

Article 5. Allowance and training subsidy for members of civilian defense teams and fire prevention and firefighting teams at the grassroots level and specialized sectors when participating in fire prevention and firefighting training and professional development.

For each day of participation in fire prevention and firefighting training and professional development, members of civilian defense teams shall be granted an allowance equivalent to 0.6 days of the minimum wage in their region, while members of fire prevention and firefighting teams at the grassroots level and specialized sectors shall receive a training subsidy equivalent to 0.3 days of the minimum wage in their region, paid directly by the managing unit.

The daily minimum wage is determined by dividing the monthly minimum wage applicable to employees under labor contracts in enterprises within Region I, as prescribed by the Government, by 26 days at the time of implementation of fire prevention and firefighting training and professional development.

Article 6. Regulations for members of civilian defense teams and fire prevention and firefighting teams at the grassroots level and specialized sectors who participate in fire prevention and firefighting training and professional development and suffer accidents or injuries.

1. Medical examination and treatment costs

a) Persons participating in health insurance who suffer accidents or injuries shall have their medical examination and treatment costs covered by the social insurance agency according to the laws on health insurance; they shall also have their co-payment portion and other medical expenses not covered by health insurance reimbursed by the direct managing unit.

b) Persons not participating in health insurance who suffer accidents or injuries shall have all their medical examination and treatment costs covered by the direct managing unit according to the service prices for medical examinations and treatments at public healthcare facilities as prescribed by the competent authority.

2. Work injury benefits

a) Persons participating in compulsory social insurance who suffer accidents or health damage during fire prevention and firefighting training and professional development shall have their work injury benefits paid by the social insurance agency according to the laws on occupational safety and health.

b) Persons not participating in compulsory social insurance or currently receiving monthly pension or social insurance benefits, or those who have received social insurance benefits in one lump sum, who suffer accidents or health damage during fire prevention and firefighting training and professional development shall have similar work injury benefit schemes paid by the direct managing unit according to the laws on occupational safety and health (excluding allowances calculated based on years of social insurance contributions).

Article 7. Regulations for members of civilian defense teams and fire prevention and firefighting teams at the grassroots level and specialized sectors who participate in fire prevention and firefighting training and professional development and die.

1. Persons participating in social insurance or preserving their time of social insurance contribution with at least 12 months of contributions, or those currently receiving monthly pension or social insurance benefits who die due to participation in fire prevention and firefighting training and professional development or die during initial treatment for accidents during such participation, their dependents and organizations, institutions, or individuals organizing funerals shall enjoy the following benefits:

a) Dependents shall receive the following benefits, including:

a1) Monthly or one-time survivor's pension paid by the social insurance agency according to the laws on social insurance.

a2) One-time death benefit due to work injury paid by the social insurance agency for persons participating in compulsory social insurance.

a3) A one-time financial support equivalent to the one-time death benefit due to work injury according to the laws on occupational safety and health paid by the direct managing unit for persons participating in voluntary social insurance, those preserving their time of social insurance contribution with at least 12 months of contributions, or those currently receiving monthly pension or social insurance benefits.

b) Organizations, institutions, or individuals organizing funerals shall receive funeral allowance according to the laws on social insurance.

2. Persons not participating in social insurance or those who have received social insurance benefits in one lump sum who die due to participation in fire prevention and firefighting training and professional development or die during initial treatment for accidents during such participation, their dependents shall receive a financial support amount equivalent to the one-time death benefit due to work injury according to the laws on occupational safety and health, one-time or monthly survivor's pension, and organizations, institutions, or individuals organizing funerals shall receive funeral allowance paid by the direct managing unit. The amount and conditions for receiving one-time or monthly survivor's pension, funeral allowance are stipulated in Clause 2 of Article 4 of this Circular.

Chapter IV
EXPENSES FOR IMPLEMENTATION OF REGULATIONS

Article 8. Sources from the Health Insurance Fund and Social Insurance Fund

1. The Health Insurance Fund shall pay for the portion of medical examination and treatment costs as prescribed by the laws on health insurance at point a, Clause 1, Article 3 and point a, Clause 1, Article 6 of this Circular.

2. The Social Insurance Fund shall pay for the benefits prescribed at point a, Clause 2, Article 3; Clause 1, Article 4; point a, Clause 2, Article 6; points a1, a2 and point b, Clause 1, Article 7 of this Circular.

Article 9. Sources from the State Budget

1. The Central Budget shall ensure allocation in the annual budget of the Ministry of Labor, Invalids and Social Affairs to implement the benefits for persons directly mobilized and conscripted for firefighting and firefighting support who have been injured or killed and meet the conditions to be recognized as war invalids, persons entitled to policies similar to those for war invalids, or as martyrs as prescribed in Clause 3, Article 3 and Clause 3, Article 4 of this Circular.

2. The local budget shall ensure allocation in the annual budget of the People's Committee of communes to implement the benefits including:

a) Benefits for persons directly mobilized and conscripted for firefighting and firefighting support; members of civilian defense teams, grassroots fire prevention and firefighting teams, and specialized teams participating in training and professional development who have been involved in accidents, injuries, or deaths under the management of the People's Committee of communes as prescribed in this Circular.

b) Co-payment expenses and other expenses not covered by the health insurance fund as prescribed in point a, Clause 1, Article 3; medical examination and treatment expenses as prescribed in point b, Clause 1, Article 3; benefits as prescribed in point b, Clause 2, Article 3; Clause 2, Article 4 of this Circular to reimburse the directly managing unit when the directly managing unit is not financially supported by the state budget.

Article 10. Sources from the Directly Managing Unit

1. The directly managing unit shall pay the benefits prescribed in this Circular as follows:

a) Co-payment expenses and other expenses not covered by the health insurance fund as prescribed in point a, Clause 1, Article 3 and point a, Clause 1, Article 6; medical examination and treatment expenses as prescribed in point b, Clause 1, Article 3 and point b, Clause 1, Article 6 of this Circular;

b) Benefits as prescribed in point b, Clause 2, Article 3; Clause 2, Article 4; point b, Clause 2, Article 6; point a3, Clauses 1 and 2, Article 7 of this Circular.

c) Allowances and subsidies as prescribed in Article 5 of this Circular.

2. For directly managing units that are regularly supported by the state budget for operational funding, the source of funds of the unit to pay the benefits prescribed in Clause 1 of this Article shall be implemented according to current laws on the decentralization of the state budget and the self-management system of administrative agencies and public service organizations.

3. For directly managing units that are not regularly supported by the state budget for operational funding, the funding for paying the benefits including co-payment expenses and other expenses not covered by the health insurance fund as prescribed in point a, Clause 1, Article 3; medical examination and treatment expenses as prescribed in point b, Clause 1, Article 3; benefits as prescribed in point b, Clause 2, Article 3; Clause 2, Article 4 of this Circular shall be reimbursed by the People's Committee of the commune where the person has registered their permanent residence.

4. The directly managing unit for persons not under the management of any agencies, units, or organizations is the People's Committee of the commune where the person has registered their permanent residence.

Chapter V
IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular shall take effect from August 15, 2021.

Joint Circular No. 52/2015/TTLT-BLDTBXH-BCA-BTC dated December 10, 2015 of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of Finance guiding the benefits for persons directly mobilized and conscripted for firefighting and firefighting support, and members of civilian defense teams, grassroots fire prevention and firefighting teams, and specialized teams participating in training and professional development in fire prevention and firefighting shall cease to be effective from the date this Circular takes effect.

2. When the legal regulations referred to in this Circular are amended, supplemented, or replaced, the content referred to in this Circular shall also be adjusted and implemented according to the amended, supplemented, or replaced legal regulations.

Article 12. Responsibility for Implementation

1. The authority responsible for mobilizing and conscripting shall be responsible for reporting, investigating, and statistically reporting accidents, confirming cases of injury, death; coordinating with the directly managing unit and relevant agencies to establish files and proceed with procedures to implement benefits for persons directly mobilized and conscripted for firefighting and firefighting support, and members of civilian defense teams, grassroots fire prevention and firefighting teams, and specialized teams participating in training and professional development in fire prevention and firefighting as prescribed in this Circular.

2. The directly managing unit shall be responsible for taking the lead and coordinating with relevant agencies, organizations, and individuals to establish files for benefit application; ensuring the source of funds and implementing payments of benefits within the responsibility of the unit.

3. The People's Committee of the commune shall be responsible for:

a) Ensuring the source of funds and implementing payments of benefits within the responsibility of the People's Committee of the commune as prescribed in this Circular.

b) Reimbursing the part of the funds that the directly managing unit has paid for benefits including co-payment expenses and other expenses not covered by the health insurance fund as prescribed in point a, Clause 1, Article 3; medical examination and treatment expenses as prescribed in point b, Clause 1, Article 3; benefits as prescribed in point b, Clause 2, Article 3; Clause 2, Article 4 of this Circular for cases where the directly managing unit is not financially supported by the state budget.

During implementation, if there are any difficulties, agencies, organizations, units, and individuals are advised to report to the Ministry of Labor, Invalids and Social Affairs for timely supplementation and guidance.