JOINT CIRCULAR No. 08/TTLB ON THE REGULATION OF SOME OCCUPATIONAL DISEASES AND BENEFITS FOR STATE WORKERS AND CIVIL SERVANTS SUFFERING FROM OCCUPATIONAL DISEASES

JOINT CIRCULAR

Regarding the Provision of Certain Occupational Diseases and Preferential Treatment for State Workers Affected by Occupational Diseases

To protect the health of state workers during production and work, the Party and Government have established many policies, systems, and measures to improve working conditions and environments, provide protective equipment, and enhance material support for workers engaged in occupations frequently exposed to harmful factors. Production units have made significant efforts to implement these policies and systems, educating and raising awareness among workers on preventive measures against harmful factors. However, current technical equipment and hygiene conditions in production still have limitations. Harmful factors can still affect the health and cause occupational diseases among workers.

_______________________________

To protect the health of workers and officials during production and work, the Party and Government have established many policies, systems, and measures to improve working conditions and environments, equip protective gear for labor, and enhance material support for workers engaged in occupations frequently exposed to harmful factors. Production units have also made significant efforts in implementing these policies and systems, educating and promoting workers and officials to implement preventive measures against harmful factors. However, the current technical equipment and hygiene conditions for labor protection still have limitations. Harmful factors can still affect the health and cause occupational diseases among workers and officials.

Pursuant to Article 34 of the Interim Regulations on Social Insurance Benefits for State Workers and Officials, after reaching consensus with the Ministry of Labor and the Ministry of Finance, the Vietnam General Confederation of Labor, the Ministry of Health, and the Ministry of Veterans Affairs and Social Affairs hereby stipulate certain occupational diseases and benefits for state workers and officials suffering from such diseases as follows:

I. OBJECTS

State workers and officials who are subject to the implementation of social insurance regulations, including those who have changed professions or ceased employment but are still within the "guaranteed period," and are found to be suffering from occupational diseases specified in this Circular shall be entitled to social insurance benefits for occupational diseases.

A. DEFINITION OF OCCUPATIONAL DISEASES

An occupational disease is a specific illness of a profession caused by harmful factors in that profession which have continuously and gradually affected the worker's body, leading to illness.

Cases of acute or subacute poisoning due to toxic gases or chemicals at the workplace shall be considered as work-related accidents.

B. SPECIFIED OCCUPATIONAL DISEASES

Due to current economic constraints and organizational capabilities, the Joint Ministries and the Vietnam General Confederation of Labor initially specify certain occupational diseases eligible for social insurance benefits.

Given the current limitations of our economic capacity and organizational capabilities, the Joint Ministries and the Vietnam General Confederation of Labor initially define certain occupational diseases eligible for social insurance benefits.

- Silicosis (SiO2 dust-induced lung disease)

- Asbestos-induced pneumoconiosis.

2. Chemical-related Diseases

- Lead and lead compound poisoning.

- Benzene and benzene homologues poisoning.

- Mercury and mercury compound poisoning.

- Manganese and manganese compound poisoning.

3. Physical Factor-related Diseases

- X-ray and radioactive substance-induced disease.

- Noise-induced deafness.

Other diseases related to occupations but not specified in this Circular are not yet considered occupational diseases for benefit purposes. They will be supplemented when conditions permit.

Attached to this Circular is an appendix:

a. Listing the main jobs associated with each harmful factor capable of causing occupational diseases.

b. Summarizing the main symptoms and signs of occupational diseases affecting labor capacity after stable treatment, serving as a basis for determining the degree of loss of labor capacity or job transfer.

b. Summarize the main symptoms of occupational diseases that continue to affect work capacity even after stable treatment, serving as a basis for determining the percentage of lost work capacity or for job transfer.

c. Specify the guaranteed period during which occupational diseases are identified after ceasing exposure to harmful factors, resulting from the previous occupation.

III. RESPONSIBILITIES OF THE HEALTH SECTOR IN MANAGING, EXAMINING, AND TREATING OCCUPATIONAL DISEASES

Workers exposed to harmful factors must be closely monitored for health:

- Medical personnel at enterprise clinics and communal health stations must thoroughly conduct initial health examinations for new employees, periodic health checks every three months or six months as necessary for each industry and profession, as stipulated in Circular No. 08/BYT-TT dated May 9, 1961 of the Ministry of Health in Article 6 of the Hygiene and Health Protection Regulations issued by Decision No. 194/CP dated December 31, 1964 of the Council of Ministers, and must maintain complete health records for workers engaged in hazardous jobs to detect occupational diseases early.

- Medical personnel at enterprise clinics, agricultural, forestry, and industrial enterprises must thoroughly conduct health examinations for workers and officials when they start working, and regular health check-ups every three months, six months, etc., as necessary for each industry and profession, as stipulated in Circular No. 08/BYT-TT dated May 9, 1961 of the Ministry of Health in Article 6 of the Hygiene Maintenance and Health Protection Regulation promulgated by Decree No. 194/CP dated December 31, 1964 of the Council of Ministers, and must establish complete health records for workers and officials engaged in jobs with harmful factors for monitoring and early detection of occupational diseases.

- Hospitals, when treating workers and officials suspected of having occupational diseases, must prepare comprehensive medical records (including clinical and ancillary tests as necessary) for monitoring and providing materials for the determination of occupational diseases.

- Workers and officials suffering from occupational diseases may seek diagnosis and treatment at specialized clinics for occupational diseases or local hospitals. If they need to take leave for treatment due to occupational diseases, they should follow the provisions of Section III of Circular No. 12/TT-LB dated June 3, 1971 of the Vietnam General Confederation of Labor and the Ministry of Health. The leave certificate from the clinic or hospital must include the note "sick leave due to occupational disease" as the basis for implementing social insurance benefits.

- When determining occupational diseases, specialized clinics for occupational diseases and Medical Appraisal Boards at all levels must conduct comprehensive clinical examinations and necessary laboratory tests while paying attention to occupational history, working conditions, and the progression of the disease. In cases where the disease cannot be determined, it must be monitored over a period of time to make an accurate determination.

- The Medical Appraisal Board, based on the authority stipulated in Circular No. 44/TT-LB dated November 26, 1970 of the Ministry of Health and the Ministry of Interior, is responsible for ranking the percentage of lost work capacity for workers and officials suffering from occupational diseases.

To assist in researching and supplementing the list of occupational diseases, medical personnel in agencies, enterprises, and hospitals have the responsibility to report to the Provincial Health Department, the Ministry of Health about diseases suspected to be occupational but not yet defined.

The examination to re-determine the percentage of loss of working capacity for workers and officials suffering from occupational diseases.

Workers and officials suffering from temporary sequelae of occupational diseases, continuing to work or having ceased employment, shall be examined annually by the Medical Appraisal Board to re-determine the percentage of lost work capacity due to occupational diseases, serving as the basis for adjusting allowances.

During the monitoring process, if the health agency finds that the condition of the disease has increased or decreased, and the previously determined percentage of lost work capacity is no longer reasonable, they may refer the case to the Medical Appraisal Board for an earlier re-determination of the percentage of lost work capacity.

Adjustments to allowances for lost work capacity due to occupational diseases (increases, decreases, or cessation of allowances) will be implemented from the month following the issuance of the Decision determining the new percentage of lost work capacity by the Medical Appraisal Board.

Those with permanent sequelae or disabilities do not need to be re-examined. For workers and officials who cease employment due to lost work capacity caused by occupational diseases, once the Medical Appraisal Board confirms their recovery, the former agency or enterprise is required to rehire them and assign suitable work according to their health status.

IV. SOCIAL INSURANCE REGIME FOR WORKERS AND OFFICIALS SUFFERING FROM OCCUPATIONAL DISEASES.

Workers and officials suffering from occupational diseases as specified in Section B, Part II of this Circular shall enjoy social insurance benefits as follows:

1. Employed workers and officials are entitled to a 100% salary allowance (including any additional allowances) throughout the period of leave for medical examination and treatment of occupational diseases, including recurrence and convalescence.

2. After treatment stabilizes, if the Medical Appraisal Board determines that there are temporary or permanent sequelae of occupational diseases affecting work capacity, they shall be entitled to a benefit calculated according to the percentage of lost work capacity, as prescribed.

If recommended by the Medical Appraisal Board, corrective devices, hearing aids, etc., shall be provided.

3. Workers and officials suffering from occupational diseases resulting in a loss of work capacity of 61% or more, considered unable to continue working, shall be allowed to terminate their employment, and if the monthly allowance calculated according to the ratio above is less than 22/00, they shall be guaranteed an allowance of 22/00.

- Upon termination of employment, in addition to the monthly allowance, they shall also receive a lump-sum allowance equivalent to one month's salary including any allowances, and shall continue to receive child allowances (if applicable), with children born after termination not counted.

- Workers and officials disabled due to occupational diseases requiring assistance in daily living activities (eating, urination, defecation, etc.) shall receive an additional monthly allowance of 10% of the basic salary.

- Workers and officials suffering from occupational diseases who continue to work shall enjoy allowances for loss of working capacity from the month following the signing of the Decision by the Medical Appraisal Board.

In cases where the loss of working capacity is 61% or more, requiring retirement, the allowance for loss of working capacity shall be enjoyed according to the date recorded in the decision to terminate employment.

4. Workers and officials who die due to occupational diseases or have a loss of work capacity of 61% or more due to occupational diseases, upon death (excluding cases of accidental death), shall enjoy benefits as if they died due to workplace accidents.

5. Vocational transfer allowance.

Workers and officials suffering from occupational diseases shall be decided by the Medical Appraisal Board to change jobs or learn another profession if the new salary or living expenses plus the monthly allowance for reduced work capacity due to occupational diseases are lower than the old salary, then they shall be entitled to the old salary scale. This supplementary allowance is a job transfer allowance provided monthly by the Social Insurance Fund.

Workers and officials shall enjoy the vocational transfer allowance until they no longer have occupational disease sequela, or until the new salary plus the allowance for reduced working capacity equals the old salary.

When the occupational disease sequela has ended but the new salary has not reached 90% of the old salary, they shall continue to enjoy the vocational transfer allowance to ensure it reaches 90% of the old salary until the new salary equals 90% of the old salary.

In cases where they have changed jobs but still continue to treat occupational diseases or the occupational disease recurs, during the entire period of rest for treatment, they shall receive an allowance equal to 100% of the new salary including all allowances and supplements (if any).

6. Benefits to be enjoyed if occupational diseases are discovered within the prescribed guarantee period.

After ceasing exposure to harmful factors (changing jobs, terminating employment, or retiring under the disability pension scheme), if workers and officials are found to suffer from occupational diseases caused by their previous occupation within the prescribed guarantee period, they shall enjoy medical examination and treatment benefits and shall receive disability allowances for occupational diseases as if they were still working in their previous occupation, specifically as follows:

a. Workers and officials who have retired without monthly allowances shall return to the original agency or enterprise to enjoy medical treatment benefits.

After stable treatment, the party returns home, if there are residual effects affecting work capacity, they will be ranked by the Medical Appraisal Board according to the percentage of work capacity lost due to occupational diseases to enjoy the benefits as stipulated in paragraphs 2, 3, and 4 above.

If they are entitled to a one-time allowance (loss of working capacity of 30% or less), it shall be paid by the grassroots trade union.

If they are entitled to long-term monthly allowances or have died, the former unit shall prepare a file to transfer to the Veterans and Social Affairs Authority for resolution.

b. Workers and officials who have retired under the loss of working capacity regime or pension regime shall retain their existing monthly allowances during treatment.

After stable treatment, if there are no residual effects, the party continues to receive disability allowances or pensions as before. If there are residual effects, the Medical Appraisal Board will examine to determine a higher percentage of work capacity lost due to occupational diseases compared to the old disability allowance or pension, then the party will switch to receiving disability allowances for occupational diseases from the month following the decision of the Medical Appraisal Board.

If the disability allowance due to occupational disease is lower than the previous disability allowance or pension, it shall be handled accordingly.

- For workers and officials who terminated employment under the disability pension scheme and now have a percentage of work capacity lost due to occupational diseases of 31% or more, they shall enjoy the old disability pension until recovery of health or death, without receiving disability allowances for occupational diseases.

- For workers and officials currently enjoying retirement benefits, if they now have a percentage of work capacity lost due to occupational diseases of 31% or more, they shall receive an additional 10% of the disability allowance for occupational diseases each month.

- If the disability allowance for occupational diseases is only at the level of a one-time allowance (1 to 4 months' salary), the party shall receive this amount paid by the trade union of the former unit, while retaining the original disability pension or retirement benefit.

7. Occupational diseases recur after workers and officials have ceased employment or retired due to disability or occupational disease.

Workers and officials suffering from occupational diseases, after stable treatment and termination of employment or retirement under the disability pension scheme, including disability due to occupational diseases, or retirement thereafter, if the occupational disease recurs even during the guarantee period, shall enjoy treatment benefits for occupational diseases and throughout the treatment period, they shall continue to retain the existing allowance (disability allowance, retirement allowance, or no allowance if terminated employment) until re-evaluated for the percentage of work capacity lost due to occupational diseases and the monthly allowance will be adjusted as stipulated above.

8. Workers and officials losing work capacity over 60% entirely due to occupational diseases, upon termination of employment, if calculating the monthly allowance based on years of service under the general disability pension scheme is higher than the disability allowance for occupational diseases, they shall enjoy the general disability pension scheme without receiving the disability allowance for occupational diseases.

9. For workers and officials who have ceased employment or retired according to the disability allowance system (including cases where the allowance book has been recovered due to expiration of the allowance period) or retired before the issuance of this Circular:

a. If up to the date of issuance of this Circular, they are still within the guarantee period for their old occupation, they are automatically subject to this Circular.

b. If the issuance date of this Circular exceeds the guarantee period for their previous occupation, but their health has not yet recovered, suspected of having residual effects of occupational diseases, they shall also be determined by the Medical Appraisal Board regarding the percentage of work capacity lost due to occupational diseases if present, to implement the disability allowance system as stipulated in paragraph 6 above.

Specifically, for those who have had their disability allowance book revoked due to expiration of the allowance period, if they are determined to have a percentage of work capacity lost due to occupational diseases of 31% or more, they shall again enjoy the old disability allowance from the day the book was revoked, and will switch to receiving disability and occupational disease allowances if the allowance is higher, from the issuance date of this Circular.

The examination and determination of the percentage of work capacity lost due to occupational diseases for implementation of the allowance system for those exceeding the guarantee period at the time of issuance of this Circular is a special consideration, so it must be resolved quickly and accurately, with the final deadline being December 31, 1977.

V. IMPLEMENTATION

At agencies, enterprises, forestry farms, and other units where working conditions may cause occupational diseases, the heads need to plan to strengthen measures to improve working conditions, provide protective equipment, and ensure workplace hygiene for workers and officials to prevent occupational diseases; at the same time, strictly enforce labor safety regulations, health screening, and regular health checks for workers and officials to detect and treat occupational diseases early.

+ Trade unions at all levels, primarily grassroots trade unions, have the responsibility to monitor, identify, and propose participation with authorities in planning for labor hygiene to prevent occupational diseases, coordinate with authorities to organize the dissemination of this Circular to workers and officials, mobilize and urge workers and officials to strictly comply with labor protection regulations, and cooperate with labor departments to organize technical safety and labor hygiene inspections, reducing the number of people suffering from occupational diseases to the lowest possible level.

The Departments of Health at all levels are responsible for establishing occupational disease treatment facilities in their respective localities to provide occupational disease medical examinations and treatments for civil servants and employees (the Ministry of Health will develop plans to guide this process). Regarding the funding for occupational disease treatments, the Ministry of Health and the Ministry of Finance will issue regulations on this matter subsequently.

Medical Examination Boards from central to local levels need to strengthen their organization, and in concentrated industrial areas, additional specialists in occupational diseases should be added to accurately and promptly resolve cases requiring occupational disease assessments.

Trade unions and social welfare agencies at all levels within their functional scope are responsible for organizing the implementation, monitoring, and urging compliance with this Circular to ensure full benefits for workers and employees suffering from occupational diseases as stipulated.

Grassroots trade unions are responsible for addressing all social insurance benefits for workers and employees suffering from occupational diseases who continue working, including those whose occupational diseases are discovered during the period of coverage.

Social Welfare agencies are responsible for handling benefits for workers and employees suffering from occupational diseases who must cease work with monthly disability allowances (including those with less than 61% loss of labor capacity but who stop working due to union referral), and for those who die from occupational diseases; in these cases, the grassroots authorities are responsible for preparing complete files to submit to the Social Welfare agency for resolution.

This Circular takes effect from the date of issuance.

During the implementation process, if there are any difficulties or obstacles, all levels and sectors shall report them to the Vietnam General Confederation of Labor, the Ministry of Health, and the Ministry of Veterans and Social Affairs for research and guidance on resolution.