Joint Circular No. 07/2002/TTLT/BLDTBXH-BTC-BTCPC-TCDT guiding the implementation of 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.

JOINT CIRCULAR

||| JOINT CIRCULAR NO. 07/2002/TTLT-BLDTBXH-BTC-BTCCBCP-TCDC OF MAY 27, 2002 OF THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS - MINISTRY OF FINANCE - CIVIL SERVICE ORGANIZATION BOARD OF THE GOVERNMENT ON GUIDELINES FOR IMPLEMENTATION OF REGIME FOR PERSONNEL DIRECTLY PARTICIPATING IN AND SERVING BORDER DELINEATION AND MARKING WORK ON THE LAND BORDER BETWEEN VIETNAM AND CHINA

In implementation of Directive No. 25/2001/CT-TTg dated October 8, 2001 of the Prime Minister on the deployment and implementation of border delineation and marking work on the land border between Vietnam and China, after exchanging opinions with relevant ministries and agencies and reaching consensus with the Land Administration General Department, the Joint Circular of the Ministry of Labor, Invalids and Social Affairs - Ministry of Finance - Civil Service Organization Board of the Government on guidelines for implementation of regime for personnel directly participating in and serving border delineation and marking work on the land border between Vietnam and China is hereby issued as follows:

I. OBJECTS

1. Scope of application:

a. Personnel directly performing border delineation and marking work include: civil servants and public officials; staff members and those working under labor contracts as prescribed by labor laws; officers and soldiers receiving salaries in the armed forces;

b. Non-commissioned officers and soldiers of the armed forces receiving subsistence allowances directly performing border delineation and marking work;

c. Personnel working at Border Delimitation Command Offices including: civil servants and public officials; staff members and those working under labor contracts as prescribed by labor laws; officers, non-commissioned officers, and soldiers receiving salaries in the armed forces; officers, non-commissioned officers, and soldiers are those persons receiving pay in the armed forces;

d. Locally hired workers serving directly for border delineation and marking work.

2. Non-applicable Subjects:

a. Officers, 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 according to a separate project of the Ministry of Defense;

b. Officers, non-commissioned officers, and soldiers and those receiving salaries in the armed forces patrolling and maintaining roads along the border funded by local border management budgets;.

c. Public officials and staff members and workers implementing design, production, and transportation of boundary markers to border provinces according to a separate project of the Ministry of Construction.

II. REGIME FOR PERSONNEL:

A. For the subjects specified in sub-item a, point 1, Part I directly performing border delineation and marking work at the border site:

1. Salary according to rank and grade:

To be classified and received according to current regulations (Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government temporarily prescribing new salary regimes for civil servants, administrative and public service staff, armed forces, and enterprises).

2. Common allowances applicable to all subjects:

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: Regional allowance: at a rate of 0.7 based on the minimum wage applied throughout the border line;

b. Special allowance: at a rate of 50% based on the salary grade, rank, or position.

3. Allowances and benefits below only apply to civil servants and public officials; staff members working under labor contracts:

a. Attraction allowance: at a rate of 70% based on the salary grade or position;

b. Mobility allowance: at a rate of 0.6 based on the minimum wage;

c. Hazardous and dangerous work allowance: at a rate of 0.4 based on the minimum wage;

Calculation and payment of allowances mentioned in point 2 and sub-items a, b, c above shall be carried out according to the guidance provided in current circulars.

d. Overtime pay regime: Those working overtime beyond standard hours (if any) shall be paid according to the provisions of Circular No. 10/LDTBXH-TT dated April 19, 1995 of the Ministry of Labor, Invalids, and Social Affairs.

đ. Midday meal regime:

To be implemented according to the provisions of Circular No. 15/1999/BLDTBXH-TT dated June 22, 1999 of the Ministry of Labor, Invalids, and Social Affairs.

e. Fresh water shortage regime:

To be implemented according to the provisions in Part II of Circular No. 06/LB-TT dated February 28, 1997 of the Joint Ministry of Labor, Invalids, and Social Affairs - Finance guiding the implementation of compensation regimes for workers and staff in certain special industries in enterprises.

f. In addition to the aforementioned regimes, the subjects shall be provided with labor protective equipment, medical supplies, personal protection means, tents or construction costs for temporary shelters to ensure daily living conditions and enjoy social insurance and health insurance benefits according to current regulations.

B. For non-commissioned officers and soldiers of the armed forces receiving subsistence allowances as specified in sub-item b, point 1, Part I:

Shall receive regional and special allowances as stipulated in point 2, section A, part II of this circular.

C. For the subjects specified in sub-item c, point 1, Part I working at Border Delimitation Command Offices:

1. Salary regime according to rank and grade and other allowances shall be implemented according to current regulations (Decree No. 25/CP and Decree No. 26/CP dated May 23, 1993 of the Government temporarily prescribing new salary regimes for civil servants, administrative and public service staff, armed forces, and enterprises).

2. During days directly working at the border site, they shall be entitled to the same benefits as personnel directly performing border delineation and marking work as stipulated in points 2 and 3, section A, part II of this circular. The mobility allowance shall be replaced by travel expenses.

In addition to the regimes prescribed for the subjects in sections A, B, and C above, personnel directly participating in or serving border delineation and marking work on the land border between Vietnam and China shall be provided with transportation means or reimbursed for train and bus fares for their annual leave round trip from their place of residence to their workplace.

D. For locally hired workers serving for border delineation and marking work:

When there is a need to hire labor locally for direct service in boundary demarcation and marker placement, the agencies or units assigned the task of boundary demarcation and marker placement must enter into individual labor contracts with each worker in accordance with the provisions of labor law. The agreed terms in the labor contract include:

1. Wages for types of work actually performed at the local level shall be stipulated by the Department of Labor - Invalids and Social Affairs in coordination with the Department of Finance - Prices (the wage includes social insurance contributions equal to 15% of the wage).

2. During the term of the labor contract, workers who are sick or injured shall receive compensation equivalent to 75% of the wage specified in the labor contract. The maximum sick leave period eligible for compensation shall not exceed 12 days per month;

3. Workers shall be provided with protective equipment and personal safety devices in accordance with current regulations.

4. In cases where workers suffer workplace accidents (while performing tasks under the contract, on the way to and from their place of residence to the workplace): They shall be reimbursed for medical expenses and 100% of their wages during treatment at a healthcare facility. After stabilizing their condition, 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 is between 5% and 10%, they will receive a one-time allowance of six months' minimum wage set by the State at the time of payment; if it is between 10% and 20%, they will receive a one-time allowance of nine months' minimum wage; if it is between 20% and 30%, they will receive a one-time allowance of twelve months' minimum wage; if it is 31% or more, for every additional 1% increase, half a month's minimum wage will be added; 5. In cases where workers die due to workplace accidents or occupational diseases while performing tasks under the contract, their bereaved family members shall receive funeral allowances equivalent to eight months' minimum wage and a one-time allowance of five months' minimum wage set by the State;

6. In addition to addressing benefits in case of workplace accidents, if workers suffer disabilities affecting one or more body parts or functions due to workplace accidents, manifesting in various forms of disability that reduce their ability to work, making labor, living, and studying difficult, they shall be entitled to benefits as prescribed by law for disabled persons.

1. Agencies and units assigned the task of boundary demarcation and marker placement must implement budget planning, distribution, payment, and settlement of the benefits stipulated in Part II of this Circular in accordance with Circular No. 11/2002/TT-BTC dated January 31, 2002, issued by the Ministry of Finance, guiding the management, use, and settlement of funds for the task of boundary demarcation and marker placement along the land border between Vietnam and China. When preparing the budget, attention should be paid to those individuals who are mobilized or seconded and are currently receiving regional allowances or attraction allowances lower than the provisions of this Circular; during the period of performing boundary demarcation and marker placement tasks, they shall be subject to the provisions of this Circular.

III. IMPLEMENTATION:

2. Ministries, sectors, and localities with workers directly participating in or serving the task of boundary demarcation and marker placement along the land border between Vietnam and China shall, based on the provisions of this Circular, have the responsibility to guide and organize its implementation.

3. This Circular takes effect from the date of signature.

This Circular takes effect from the date of issuance.

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