Joint Circular No. 07/2002/TTLT/BLDTBXH-BTC-BTCCBCP-TCDC on guiding the implementation of regulations 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
GUIDELINES ON REGULATIONS FOR PERSONNEL DIRECTLY PARTICIPATING IN AND SERVING BORDER DELINEATION AND MARKING WORK

IMPLEMENTING Directive No. 25/2001/CT-TTg dated October 8, 2001 of the Prime Minister on the 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 Labour, Invalids and Social Affairs - Ministry of Finance - Government Organization-Civil Service Board provides guidelines for implementing regulations for personnel directly participating in and serving border delineation and marking work on the land border between Vietnam and China as follows:

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, soldiers in the armed forces receiving living expenses directly performing border delineation and marking work;

I. OBJECTS

1. Scope of application:

c) Personnel working at Border Delimitation and Marking Task Force 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;

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

a) Officers, non-commissioned officers, soldiers, and those receiving salaries in the armed forces demining and clearing war remnants along the Vietnam-China border according to a separate project of the Ministry of National Defense;

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

2. Non-applicable Subjects:

c) Civil servants, 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. REGULATIONS FOR PERSONNEL:

A. For the subjects specified in paragraph 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 systems for civil servants, administrative and public service staff, armed forces, and enterprises).

2. Common allowances applicable to all subjects:

a) Regional allowance: at a rate of 0.7 based on the minimum wage applied along the entire border;

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

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

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

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 points 2 and paragraphs a, b, c above shall be in accordance with the guidance provided in current Circulars.

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

đ) Midday meal system:

To apply the midday meal system according to the guidance provided in Circular No. 15/1999/BLDTBXH-TT dated June 22, 1999 of the Ministry of Labor, Invalids, and Social Affairs.

e) Freshwater shortage system: To apply the freshwater shortage system as prescribed 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 systems for workers and staff in certain special industries in enterprises.

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

B. For non-commissioned officers and soldiers in the armed forces receiving living expenses as stipulated in paragraph b, point 1, Part I:

They are entitled to regional and special allowances as prescribed in point 2, section A, part II of this Circular.

C. For the subjects specified in paragraph c, point 1, Part I working at Border Delimitation and Marking Task Force offices:

1. Salary system according to rank and grade and other salary 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 systems 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 prescribed 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 regulations stipulated 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 arranged 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 local workers to serve directly for border delineation and marking work, the agency or unit assigned the task must enter into labor contracts with each worker in accordance with labor laws. The terms agreed upon in the labor contracts include:

D. Regarding hired labor from the local area serving the delineation and marking of border boundaries:

When there is a need to hire local labor directly for the delineation and marking of borders, the agency or unit assigned the task of delineation and marking must enter into individual labor contracts with each worker in accordance with the provisions of labor law. The agreed terms in the labor contracts include:

1. The wage for labor work according to the actual type of work at the locality shall be determined by the Department of Labor - Invalids and Social Affairs in coordination with the Department of Finance and Prices (the wage includes social insurance contributions equal to 15% of the wage).

2. During the period of performing the labor contract, if the worker takes sick leave, they shall be entitled to sickness allowance equivalent to 75% of the wage level stipulated in the labor contract. The maximum number of days of sick leave that can be compensated is not more than 12 days/month.

3. They are entitled to use protective equipment and personal protective means in accordance with current regulations.

4. In case of workplace accidents (while performing tasks under the contract, on the way to and from the place of residence to the workplace), the employer shall bear the medical expenses and pay 100% of the wage during the treatment period at a healthcare facility. After stabilizing the injury, the worker will be referred for assessment to determine the degree of reduction in working capacity by the Medical Examination Board of the Ministry of Health. If the reduction is between 5% and 10%, a one-time allowance of six months' minimum wage set by the State at the time of payment shall be provided; if it is over 10% but not exceeding 20%, a one-time allowance of nine months' minimum wage shall be provided; if it is over 20% but not exceeding 30%, a one-time allowance of twelve months' minimum wage shall be provided; if it is 31% or more, for every additional 1%, half a month's minimum wage shall be added.

5. In case of death due to workplace accidents or occupational diseases while performing tasks under the contract, the funeral expenses for the deceased's relatives shall be compensated at eight months' minimum wage, and a one-time allowance of five months' minimum wage set by the State at the time of payment shall be provided.

6. In addition to addressing rights when workplace accidents occur, if a worker suffers from disability affecting one or more body parts or functions due to a workplace accident, manifesting in various forms of disabilities, reducing their ability to work, making labor, living, and studying difficult, they shall be entitled to benefits as prescribed by law for disabled persons.

III. IMPLEMENTATION:

1. Agencies and units assigned the task of demarcating and setting boundary markers must implement budget estimates, disbursements, payments, and final accounts of the provisions 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 work of demarcating and setting boundary markers for the land border between Vietnam and China. When preparing the budget estimate, attention should be paid to individuals who have been mobilized or seconded and are currently receiving regional allowances or attraction allowances lower than those prescribed in this Circular. During the period of performing the demarcation and boundary marker setting tasks, the provisions of this Circular shall apply.

2. Ministries, sectors, and localities with direct participation or support for the work of demarcating and setting boundary markers for the land border between Vietnam and China shall, based on the provisions of this Circular, be responsible for directing and organizing its implementation.

3. This Circular shall take effect from the date of signature. Any difficulties encountered during implementation should be reported to the Joint Board for resolution.