Circular No. 08/2003/TT-BLDTBXH guides the rest and recuperation regime for workers participating in mandatory social insurance at enterprises and organizations. This regime applies to workers who have contributed to social insurance for three years or more or those with health conditions requiring rest and recuperation.
适用范围
Workers participating in mandatory social insurance at enterprises and organizations; civil servants; workers in cooperatives; and other workers with conditions allowing them to rest and recuperate.
要点
- Workers who have contributed to social insurance for three years or more, or those who have been treated for illness but have not recovered their health, will be entitled to rest and recuperate for five to ten days within a year.
- The cost of rest and recuperation is VND 80,000 per day at a centralized facility and VND 50,000 per day at home.
- The unit is responsible for coordinating with the trade union to identify eligible workers for rest and recuperation and to organize its implementation.
- The funding for this regime shall not exceed 0.6% of the total payroll actually paid for social insurance in a year by the unit.
- The Vietnam Social Security manages, issues, and settles the costs for rest and recuperation.
🌐 本文件的社会影响
- Positive impact: Helps workers rest and recuperate, improving their work quality after returning to work.
- Negative impact: The cost of this regime may impose financial pressure on employers.
❓ 常见问题
Which workers are entitled to the rest and recuperation regime?
Workers who have contributed to social insurance for at least three years at the unit and meet one of the following conditions: reduced health, not fully recovered after treatment, or female workers with weakened health after maternity leave.
How long is the rest and recuperation period?
Workers are entitled to rest and recuperate for five to ten days within a year, depending on the degree of reduced health.
What is the cost of rest and recuperation?
VND 80,000 per day at a centralized facility and VND 50,000 per day at home.
What responsibilities does the unit have in implementing this regime?
The head of the unit coordinates with the trade union to identify eligible workers and organize their rest and recuperation. The unit also manages the funds so that they do not exceed 0.6% of the total payroll actually paid for social insurance in a year.
What role does the Social Security play in implementing this regime?
The Vietnam Social Security manages, issues, and settles the costs for rest and recuperation for units. They also compile the implementation situation to report to the Ministry of Labor, Invalids, and Social Affairs.
全文
CIRCULAR
Regarding the guidance on implementing the rest and recuperation regimestipulated in Decree No. 01/2003/NĐ-CPdated January 9, 2003 of the Government
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Pursuant to Clause 3, Article 1 of Decree No. 01/2003/NĐ-CP dated January 9, 2003 on amending and supplementing certain Articles of the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995 of the Government; After considering the opinions of the Ministry of Finance in Circular No. 2391 TC/HCSN dated March 18, 2003, the Ministry of Home Affairs in Circular No. 323/BNV-TL dated February 24, 2003, the General Confederation of Labor Vietnam in Circular No. 411/CV-TLĐ dated March 28, 2003 and other relevant ministries and sectors, the Ministry of Labor, Invalids and Social Affairs provides guidance on implementing the rest and recuperation regime as follows:
I. APPLICABLE OBJECTS:
The subjects applying the rest and recuperation regime are workers participating in mandatory social insurance as stipulated in Clause 1, Article 1 of Decree No. 01/2003/NĐ-CP mentioned above, specifically as follows:
1. Workers under fixed-term labor contracts of at least three months or indefinite-term labor contracts in enterprises, agencies, organizations (hereinafter referred to as units) as follows:
a. Enterprises established and operating under the Law on State-Owned Enterprises, including production and business enterprises, public service enterprises; enterprises belonging to the armed forces;
b. Enterprises established and operating under the Enterprise Law, including limited liability companies, joint stock companies, partnerships, and private enterprises;
c. Enterprises established and operating under the Law on Foreign Investment in Vietnam, including joint ventures and wholly foreign-owned enterprises;
d. Enterprises of political organizations and political-social organizations;
e. Administrative agencies, public service organizations, political organizations, political-social organizations, professional-political-social organizations, other social organizations, and armed forces; including organizations and units permitted to engage in production, business, and services within administrative agencies, public service organizations, the Party, mass organizations, and people's associations that self-finance;
e. Administrative agencies, public institutions, political organizations, socio-political organizations, socio-professional organizations, other social organizations, armed forces; including organizations and units permitted to engage in production, business, and services within administrative agencies, public institutions, the Party, mass organizations, and self-financed people's associations;
g. Semi-public, privately-run, and individual establishments in cultural, health, education, training, scientific, sports, and other public service sectors;
h. Commune, ward, and town health stations;
i. Agencies, organizations of foreign countries or international organizations in Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.
3. Workers and cooperative members working and receiving wages under labor contracts in cooperatives established and operating under the Cooperative Law.
4. Workers specified in Points 1, 2, and 3 of this item include trainees and apprentices learning skills to work at enterprises, agencies, and organizations, who also fall within the scope of implementation of the compensation and subsidy regimes for work accidents and occupational diseases.
3. Workers or cooperative members working and receiving wages under labor contracts of at least three months in cooperatives established and operating under the Law on Cooperatives.
4. Workers under fixed-term labor contracts of less than three months, who continue working or enter into new labor contracts with the same unit upon expiration of their labor contracts.
5. Workers stipulated in Points 1, 2, 3, and 4 of this Section, who study, intern, or work domestically while still receiving wages or remuneration paid by the enterprise, agency, or organization employing them.
II. CONDITIONS, DURATION, AND BENEFITS
1. Conditions for entitlement:
Workers who have made sufficient social insurance contributions according to regulations shall be entitled to rest and recuperation when they meet one of the following three conditions:
a. Having contributed to social insurance for at least three years at the unit and suffering from health deterioration;
b. Not having fully recovered health after inpatient or outpatient treatment due to illness, occupational accidents, or occupational diseases;
c. Female workers who are weak after maternity leave (including cases of leave due to miscarriage).
2. Duration of rest and recuperation:
a. If a worker meets one of the conditions specified in Point 1 above, they shall be entitled to rest and recuperation for five to ten days in a year (including weekly holidays, public holidays, and travel days if recuperating at a centralized facility) depending on the degree of health deterioration.
b. The duration of rest and recuperation does not reduce annual leave time and does not entitle the worker to wages or remuneration. In cases where the employer and employee agree that the worker will receive wages or remuneration during rest and recuperation, the employer must ensure funding for such payments.
3. Cost of rest and recuperation:
A rate of VND 80,000 per day applies to those recuperating at centralized facilities. This includes food, accommodation, transportation, and basic medical expenses.
A rate of VND 50,000 per day applies to those recuperating at home or female workers who are weak after maternity leave.
In addition to the rates specified above, it is encouraged for units to allocate from welfare funds to support workers during rest and recuperation.
III. IMPLEMENTATION
1. Responsibilities of the unit:
a. To implement a fair and reasonable regime, based on the conditions stipulated in Point 1 of Section II above, the head of the unit shall coordinate with the Trade Union Committee (or Provisional Trade Union Committee) to examine and decide on workers eligible for rest and recuperation as follows:
- Based on annual health check-ups conducted by the unit to identify workers who have contributed to social insurance for at least three years and require rest and recuperation due to health deterioration.
- Based on medical records and the opinions of healthcare facilities to identify workers who need rest and recuperation after treatment for illness, occupational accidents, or occupational diseases.
- For female workers who are weak after maternity leave (or miscarriage), the head of the unit shall coordinate with the Trade Union Committee (or Provisional Trade Union Committee) and the Women's Department (if available) to examine and decide.
After identifying eligible workers for rest and recuperation, the head of the unit shall prepare a list and organize for workers to rest and recuperate at home or at a facility (centralized) based on their conditions and preferences.
b. The funding source for recuperation and health recovery shall not exceed 0.6% of the total social insurance payroll fund of the unit for one year and shall be drawn from the 5% calculated on the total social insurance payroll fund allocated for three benefits: sickness, maternity, work-related accidents, and occupational diseases. If the unit does not exhaust the allocated funds, the remaining amount may be carried over to the next year. If the expenditure exceeds the allocated funds, no supplementary payment will be made. If the unit cannot meet the stipulated standard for recuperation and health recovery, it must supplement from the welfare fund or carry over to the next year.
c. Each year, units are responsible for settling the recuperation and health recovery expenses with the social insurance agency according to current regulations.
2. Responsibilities of the social insurance agency.
a. The Vietnam Social Security shall instruct the provincial and municipal social security agencies under the central government, the military social security, the police social security, and the telecommunication social security to pre-allocate funds from the first quarter of the planning year to enable units to organize recuperation and health recovery for workers proactively.
b. The Vietnam Social Security shall manage, allocate, and settle the recuperation and health recovery funds for units.
c. Annually, the Vietnam Social Security is responsible for compiling and reporting the implementation of recuperation and health recovery in the general report on the implementation of social insurance policies to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the General Confederation of Trade Unions..
3. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Finance and the General Confederation of Trade Unions to inspect and supervise the implementation of recuperation and health recovery.
IV. IMPLEMENTATION PROVISIONS
1. This Circular takes effect fifteen days after its publication in the Official Gazette.
2. Repeal Circular No. 11/2001/BLĐTBXH-TT dated June 11, 2001, issued by the Ministry of Labor, Invalids and Social Affairs regarding the implementation of the recuperation and health recovery system for workers participating in mandatory social insurance.
In the course of implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for study and resolution.
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