JOINT CIRCULAR No. 10/1999/TTLT-BLDTBXH-BYT GUIDING THE IMPLEMENTATION OF THE SUBSIDY REGIME IN KIND FOR WORKERS ENGAGED IN CONDITIONS WITH DANGEROUS AND HARMFUL FACTORS

JOINT CIRCULAR

Guidelines for Implementing the System of In-kind Subsidies for Workers

Working in Hazardous and Toxic Conditions

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Pursuant to Article 104 of the Labor Code and Clause 8 of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health. After receiving comments from the Ministry of Finance in Circular No. 511TC/CSTC dated January 30, 1999, the Vietnam General Confederation of Labor, and relevant agencies, the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health issue guidelines for implementing the system of in-kind subsidies for workers working in hazardous and toxic conditions as follows:

I. OBJECTS AND SCOPE OF APPLICATION:

The objects eligible for in-kind subsidies are workers, including students undergoing internships or vocational training, working in enterprises, agencies, and organizations as follows:

- State-owned enterprises;

- Enterprises belonging to other economic sectors;

- Organizations and individuals using labor to conduct production and business activities;

- Other economic sector enterprises;

- Foreign agencies and international organizations in Vietnam employing Vietnamese workers;

- Non-profit units engaged in production, business, and services under administrative agencies, non-profit organizations, people's political and social organizations, the People's Army, and the People's Public Security;

- Administrative and non-profit agencies;

- Political and social organizations and people's mass organizations;

Foreign nationals working in enterprises, organizations, and individuals within the territory of Vietnam are also subject to this Circular, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

II. CONDITIONS AND LEVELS OF SUBSIDY:

1. Conditions for in-kind subsidy:

Workers employed in occupations and jobs listed in the State-issued catalogues of particularly arduous, toxic, and dangerous, as well as arduous, toxic, and dangerous occupations and jobs, who meet the following conditions shall be considered for in-kind subsidy benefits:

a/ The environment contains one or more hazardous or toxic factors that do not meet the permissible hygiene standards set forth by the Ministry of Health:

+ Physical factors group: Microclimate, noise, vibration, pressure, electromagnetic fields, light, ionizing and non-ionizing radiation, laser, etc.;

+ Chemical factors group: Toxic chemicals, toxic fumes, toxic gases, toxic dust, etc.;

b/ Direct contact with sources of infection caused by pathogens harmful to humans.

2. Allowance level:

In-kind subsidies are calculated based on a quota and have monetary values corresponding to the following levels:

Level 1, with a value of 2000 dong;

Level 2, with a value of 3000 dong;

Level 3, with a value of 4500 dong;

Level 4, with a value of 6000 dong.

III. PRINCIPLES:

1- Ensuring the health and preventing occupational diseases during the work process for workers is the responsibility of the employer, primarily through technical measures to improve working conditions, enhance safety and hygiene equipment, but due to the inability to eliminate all toxic factors; the employer must organize in-kind subsidies for workers to prevent illness and ensure their health.

2- The organization of in-kind subsidies must be carried out during working hours, ensuring convenience and hygiene; it cannot be paid in cash; it cannot be included in the unit price of wages.

In cases where stable employment is not possible, making centralized in-place subsidies impossible, such as mobile, scattered, or small-scale work, the employer must provide in-kind items to workers so that they can self-subsidize according to regulations. In such cases, the employer must regularly monitor the implementation by workers and register with the local Department of Labor, Invalids, and Social Affairs.

3- Workers working in environments containing hazardous and toxic factors for 50% or more of the standard working day are entitled to the full subsidy quota; if less than 50%, they are entitled to half the subsidy quota.

In cases of overtime work, the in-kind subsidy system will also increase proportionally with the number of overtime hours.

4- Workers in special industries who are entitled to a fixed quantity meal allowance issued together with Decision No. 611/TTg dated September 24, 1996 of the Prime Minister shall not be entitled to the levels of subsidy stipulated in this Circular.

5- For job titles and positions previously agreed upon by the Ministry of Labor - Invalids and Social Affairs pursuant to Circular No. 20/TTLB dated September 24, 1992 of the Joint Ministry of Labor - Invalids and Social Affairs and the Ministry of Health, the conversion levels shall be as follows:

Old Level 1 to New Level 1;

Old Level 2 to New Level 2;

Old Levels 3 and 4 to New Level 3;

During the transition from old to new levels, if there are unreasonable cases, a written request should be submitted to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Health for review and agreement in accordance with Point 2, Section IV.

New Level 4 only applies to occupations and jobs where the working environment contains particularly toxic and dangerous factors.

6- Costs for in-kind subsidies for production and business units... are accounted for in the cost of products or circulation fees; for administrative and non-profit agencies, they are included in regular expenses; for students and trainees under the management of any agency, that agency provides the funding.

IV. IMPLEMENTATION

1- Responsibilities of employers in units and enterprises:

a/ Educate and publicize the purpose and significance of the in-kind subsidy system, disseminate the contents of the circular and the unit's regulations on its implementation to workers.

b/ Primary healthcare facilities, based on annual measurements of the working environment for specific occupations and jobs, are responsible for helping employers determine the structure of in-kind items suitable for detoxification and enhancing physical resistance, such as sugar, milk, eggs, tea, fruit, pastries, etc., corresponding to the subsidy levels specified in Clause 2, Section II above.

c/ Organize the subsidy carefully to ensure that workers receive full and correct benefits.

2- Responsibilities of ministries, sectors, and localities:

a/ Organize guidance on the implementation of the provisions of this Circular to units and enterprises under their management responsibility.

b/ Based on the proposals of units and enterprises under their management authority and the results of annual measurements and assessments of hazardous and harmful factors at workplaces conducted by health agencies, compile the list of occupational titles and jobs requiring material allowances and submit it to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health for consideration and decision in accordance with the following regulations:

- A consolidated table of occupational titles and jobs requiring material allowances by industry and locality according to the model provided in this Circular.

- Annual environmental measurement results containing hazardous and harmful factors at workplaces of provincial Preventive Health Centers and other agencies approved by the Ministry of Health. For occupations and jobs directly exposed to infectious sources as stipulated in Clause b, Section 1, Part II, there is no need to attach environmental measurement results.

3- The Department of Labor, Invalids and Social Affairs and the Department of Health shall cooperate with the Trade Union Federations of localities to organize the implementation and inspection of this Circular to units and enterprises within their jurisdiction according to their functions and authorities.

4- This Circular takes effect fifteen days from the date of issuance and replaces Circular No. 20/TTLB dated September 24, 1992 issued jointly by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health; all other provisions contrary to this Circular are abolished.

In the course of implementation, if there are any difficulties, they should be reported to the Ministry of Labor, Invalids and Social Affairs (Labor Protection Department) and the Ministry of Health (Preventive Health Department) for study and resolution.