Joint Circular No. 06/1997/TTLB/BLDTBXH-BTC guides the allowance system for workers and officials in certain difficult industries and occupations in enterprises.

JOINT CIRCULAR

Joint Circular No. 06/1997/TTLB/BLDTBX-HC dated February 28, 1997 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance guiding the allowance system for workers and officials in certain special industries and occupations in enterprises

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Implementing Decision No. 611/TTg dated September 4, 1996 of the Prime Minister on the allowance system for workers and officials in certain special industries and occupations in enterprises; after exchanging opinions with relevant ministries and sectors; the Joint Ministry of Labor, War Invalids and Social Affairs and Finance guides implementation as follows:

I. REGIME OF QUANTIFIED MEALS:

1. Objectives:

The subjects entitled to the quantified meal regime as stipulated in Decision No. 611/TTg dated September 4, 1996 of the Prime Minister are those who regularly and directly perform specific tasks as follows:

Level I:

- Aircraft crews including: Chief pilots, co-pilots, navigators, and air mechanics, classified according to the civil aviation worker and official salary scale (Scale B11)

- Divers regularly working on oil and gas projects, transportation, water conservancy, etc., classified according to the diver salary scale. (Scale B12)

- Workers and officials on international shipping vessels, classified according to the marine transport vessel salary scale (Scale B2);

- Workers and officials on fishing vessels over 800 horsepower, classified according to the fishing vessel and fish procurement salary scale at sea (Scale B9);

- Workers and officials on rescue and salvage vessels at sea, classified according to the salvage and rescue vessel salary scale (Scale B7).

Level II:

- Underground coal miners, classified according to the underground mining salary scale (Scale A5);

- Workers and officials on marine transport vessels, including marine transfer vessels, classified according to the marine transport vessel salary scale (Scale B2);

- Workers and officials on marine fishing vessels, classified according to the marine fishing vessel salary scale (Scale B8);

- Workers and officials on marine transport vessels under 800 horsepower, classified according to the fishing vessel and fish procurement salary scale at sea (Scale B9);

- Workers and officials on marine construction vessels, classified according to the marine construction vessel salary scale (Scale B6);

- Workers and officials on offshore salvage vessels, classified according to the salvage and rescue vessel salary scale (Scale B7);

- Workers and officials on oceanographic research vessels and scientific research vessels, classified according to the marine transport vessel salary scale (Scale B2) and the science and technology salary scale (Scale 13) pursuant to Government Decree No. 25-CP dated May 23, 1993;

- Workers and officials on escort vessels and marine service vessels for oil and gas, classified according to the marine transport vessel salary scale (Scale B2); port pilots, classified according to the pilot salary scale (Scale B3);

- Workers and officials working on offshore drilling platforms (exploration, development, and production of oil and gas), classified according to the oil and gas salary scale (Scale A3) and the salary scale for specialized and technical staff and auxiliary services in enterprises;

Air traffic controllers levels I, II, III; civil aviation cabin crew directly serving passengers and cargo on flights, classified according to the civil aviation worker and official salary scale (Scale B11).

Level III:

- Lighthouse keepers (including personnel replacing and deploying buoys on channels from the sea entrance to ports), island light keepers, classified according to the salary scale for river and sea lighthouse workers (Scale B4);

- Workers and officials in industries and occupations during aerial survey and photography for map creation; underwater topographic surveys.

2. Quantified amounts to be enjoyed:

As follows in three levels:

The quality and price of the quantified items are ordinary items calculated based on the published prices of the statistical sector in the enterprise's location at the time of payment.

Subjects entitled to the quantified meal regime must pay 30% of the quantified meal allowance as prescribed.

3. Method of enjoying quantified amounts:

- The monthly quantified standard is calculated based on the completion of work quotas or ensuring standard working hours in the month. If the quota is completed or exceeded or standard working hours are ensured, then the full monthly quantified standard is enjoyed; if the quota is not completed or standard working hours are not ensured, the quantified standard enjoyed corresponds to the degree of quota completion or working hours.

Example: The quota for serving on flights for Vietnamese civil aviation cabin crew is 60 hours/month. If 60 hours are completed, the full monthly quantified standard (Level II) is enjoyed. If only 42 hours are completed in a month, only 7% (42:60) of the monthly quantified standard is enjoyed.

- Enterprises shall not pay in cash but must ensure that the quantified meals are provided in kind to the subjects as prescribed. In exceptional cases (subjects working in dispersed or small units) where enterprises cannot organize meals, they may provide the quantified standard in cash for the workers to organize their own meals. Enterprises must regularly monitor the self-organization of meals by these subjects.

- The cost of the quantified meal regime is accounted for 70% in the enterprise's cost of production or circulation fee.

- Those entitled to the quantified meal regime are not affected by the allowance for heavy and hazardous work in kind and are not included in the unit price of wages.

II. SHORTAGE OF FRESH WATER REGIME:

1. Determination of areas lacking fresh water:

Areas truly lacking fresh water seasonally are regions where natural conditions do not have water, or where there is water but it cannot be used for daily living for at least one continuous month in a year. Areas lacking fresh water are defined by the People's Committee of provinces and centrally-administered cities based on the proposal of the provincial Department of Labor, War Invalids and Social Affairs.

2. Subjects and method of enjoying the shortage of fresh water regime:

a. Subjects entitled:

Workers and officials (only counting those actually present) of enterprises residing and working in areas lacking fresh water as defined.

b. Calculation method:

The costs for purchasing and transporting fresh water for the daily needs of workers and officials shall be accounted for in the production cost or circulation fee based on the following factors:

- The actual number of workers and officials present at the enterprise.

- The standard for daily living water consumption according to the average quota of 6 cubic meters (m3) per person per month.

- The number of months during which there is a shortage of fresh water in a year.

- The actual costs for purchasing and transporting daily living water from the purchase location to the residence and workplace of workers and officials according to the standard.

- The amount of water included in the wages of workers and officials (600 dong/m3 x 6m3/person-month).

Based on the above factors, the difference between the actual costs for purchasing and transporting daily living water according to the standard, minus the water costs already included in the wages, shall be accounted for in the production cost or circulation fee.

Example: An enterprise with 200 actual workers and officials present working in a region lacking fresh water for 4 months/year. The cost for purchasing and transporting 1 cubic meter (m3) of fresh water for daily living purposes from the purchase location to the residence and workplace of workers and officials is 4,000 dong/m3. Therefore, the cost of fresh water to be accounted for in the production cost or circulation fee in one year is:

(4,000 dong/m3 - 600 dong) x 200 persons x 6m3/person-month x 4 months = 15,360,000 dong.

The enterprise is responsible for ensuring the provision of daily living water for workers and officials as prescribed, and shall not compensate them in cash for self-provisioning.

III. AIR SAFETY BONUS

1. Recipients:

Workers and officials directly serving flights and airport facilities, including:

- Flight crews;

- Airline attendants;

- Air traffic controllers;

- Radar, meteorological, communication, navigation, power supply, and refrigerant charging personnel;

- Aviation security personnel;

- Airport operation management and supervision personnel;

- Ground technical and commercial service personnel at airports;

- Aircraft maintenance personnel at airports;

- Personnel managing airfield lighting systems; rescue and firefighting personnel at airports.

2. Conditions for receiving bonuses:

The air safety bonus system applies to workers and officials who regularly serve to ensure flight safety throughout the year according to Vietnam's and international aviation safety standards. In case of minor aviation safety incidents occurring within the normal range stipulated by aviation safety standards, the workers and officials directly serving the affected flights will not be eligible for the air safety bonus for one month from the date of the incident. In cases of serious aviation safety incidents due to violations of aviation safety standards resulting in aircraft crashes or collisions causing significant damage to vehicles and affecting passenger lives and property, workers and officials specified in point 1 above will not be eligible for the air safety bonus for one year from the date of the incident.

3. Bonus level:

Workers and officials specified in point 1 above, who meet the required conditions, shall be entitled to a monthly air safety bonus equivalent to 20% of their rank-based salary to calculate the unit price of wages.

4. Payment Method:

The air safety bonus shall be paid together with the monthly salary and shall not be included in the wage unit price.

IV. DIVER ALLOWANCE

1. Objectives:

Divers are classified under Salary Scale B12, regularly diving to serve oil and gas projects, transportation, hydropower...

2. Benefit Level:

When diving to depths of 3 meters or more, divers are entitled to the following allowance rates for each hour of actual diving:

- From 3m to 10m, apply a rate of 10% of the minimum wage.

- Over 10m to 20m, apply a rate of 25% of the minimum wage;

- Over 20m to 30m, apply a rate of 40% of the minimum wage;

- Over 30m to 40m, apply a rate of 55% of the minimum wage;

- Over 40m to 50m, apply a rate of 70% of the minimum wage;

- Over 50m, for every additional 10m, the allowance increases by 10% of the minimum wage, but the maximum rate does not exceed 100% of the minimum wage.

(The minimum wage is calculated based on the minimum wage announced by the Government at the time of payment).

For complex, difficult, and dangerous dives such as: diving in strong currents; diving in large waves; diving in areas with blasting; underwater welding and cutting in narrow spaces with short visibility; diving in areas with dangerous animals, an additional 30% of the corresponding rate specified above shall be applied.

Example: Mr. A has a total of 12 hours of actual diving in one month, including 8 hours of diving from 30 to 40 meters deep and 4 hours of diving from over 40m to 50m, and working in areas with dangerous animals (sharks, octopuses...), then Mr. A's diver allowance is:

120,000 dong x 0.55 x 8 hours = 528,000 dong

120,000 dong x 0.70 x 4 hours = 336,000 dong

336,000 dong x 30% = 100,800 dong added = 964,800 dong

3. Calculations:

The diver allowance is calculated based on the actual hours of diving and is paid together with the monthly salary.

V. IMPLEMENTATION

This Circular takes effect from January 1, 1997. All provisions contrary to this Circular are abolished.

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