Circular No. 11/2001/TT-BLDTBXH guiding the implementation of Decision No. 37/2001/QD-TTg dated March 21, 2001 of the Prime Minister on rest for recuperation for workers participating in social insurance.

CIRCULAR

Guidelines for Implementing Decision No. 37/2001/QD-TTg dated March 21, 2001 of the Government Prime Minister on rest and health recovery for social insurance participants

Regarding rest and health recovery for social insurance participants

Pursuant to Decision No. 37/2001/QD-TTg dated March 21, 2001 of the Government Prime Minister on rest and health recovery for social insurance participants, after consulting with the Ministry of Finance, the Vietnam General Confederation of Labor, and relevant ministries and sectors, the Ministry of Labor, Invalids, and Social Affairs provides guidelines as follows:

I/ Applicability:

The subjects applying for rest and health recovery under Decision No. 37/2001/QD-TTg dated March 21, 2001 of the Government Prime Minister are employees participating in mandatory social insurance as stipulated in the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995; Decree No. 45/CP dated July 15, 1995; Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government and Decision No. 58/TTg dated February 3, 1994 of the Government Prime Minister, specifically as follows:

Civil servants working in state management agencies, public service units, Party and mass organizations from central to district levels;

Employees working in state-owned enterprises, enterprises belonging to non-state economic sectors employing ten or more workers;

Employees working in foreign-invested enterprises, export processing zones, industrial parks, foreign agencies, organizations, or international organizations in Vietnam;

Employees working in business service organizations under administrative public service units, Party and mass organizations;

Employees working in enterprises and service organizations under armed forces;

People holding elected positions working in state management agencies, Party and mass organizations from central to district levels;

Military personnel, people's police, defense workers entitled to salary according to the armed forces pay system;

Employees working in non-public socialized facilities in education, healthcare, culture, and sports sectors participating in mandatory social insurance as stipulated in Decree No. 12/CP dated January 26, 1995 of the Government;

Health workers at commune level participating in mandatory social insurance as stipulated in Decree No. 12/CP dated January 26, 1995 of the Government.

II - Conditions, duration, and benefits:

1. Conditions for entitlement:

Employees who have paid social insurance as required may take rest and health recovery when they meet one of the following two conditions:

a. Having worked and paid mandatory social insurance for three years or more and suffering from reduced health;

b. After treatment due to illness, work-related accidents, occupational diseases (including both inpatient and outpatient treatment); maternity leave (including miscarriage cases), their health remains weak.

2. Duration of rest and health recovery:

a. Employees meeting the conditions specified above shall be entitled to rest and health recovery for five to ten days within a year (including weekly holidays, public holidays, travel days if staying at centralized facilities) according to the levels specified below in Point 3.

b. The duration of rest and health recovery does not reduce the annual leave period.

3. Benefit level for rest and health recovery:

VND 80,000 per day, applicable to those resting and recovering health at centralized facilities. This amount includes food, accommodation, transportation, and general medical expenses. VND 50,000 per day, applicable to those resting and recovering health at home, female employees whose health is weakened after maternity leave.

In addition to the aforementioned levels provided by the social insurance fund, it is encouraged that units allocate from welfare funds to support employees during their rest and health recovery period.

III - Implementation organization:

1. Responsibilities of agencies, units, and enterprises:

a. To ensure fair and reasonable implementation, based on the conditions stipulated in Point 1 of Section II above, the heads of agencies, units, and enterprises (hereinafter referred to as units) shall coordinate with the trade union executive committee to examine and decide on employees eligible for rest and health recovery through the following steps:

Organize annual health check-ups to identify employees with reduced health and sufficient work experience and social insurance contributions over three years who need rest and health recovery.

For cases of illness, work-related accidents, or occupational diseases, the unit head shall base decisions on medical records and opinions from treating healthcare facilities to determine those needing rest and health recovery due to weak health.

For female employees after maternity leave (or miscarriage), the unit head shall coordinate with the trade union executive committee and women's affairs board (if available) to make decisions.

After identifying eligible employees for rest and health recovery, the unit head shall prepare a list and organize for employees to rest at home or centralized facilities based on their conditions and preferences.

b. The funding source for rest and health recovery expenses of the unit shall not exceed 0.6% of the total actual wage fund for social insurance contributions of the unit in a year. If the unit does not exhaust the allocated funds, the remaining amount must be remitted to the social insurance fund; if the expenditure exceeds the allocation, no additional funding will be provided, and the unit must cover the excess from its own resources.

c. Annually, units are responsible for settling the rest and health recovery expenses with the social insurance agency according to current regulations.

2. Responsibilities of the social insurance agency:

The Vietnam Social Security guides provincial and municipal social security offices, military and police social security offices to allocate 0.6% of the total actual wage fund for social insurance contributions (derived from the 5% contribution of the unit's wage fund for short-term benefits: illness, maternity, and work-related accidents - occupational diseases) from the first quarter of the planning year to enable units to proactively organize rest and health recovery for employees.

a. b. The Vietnam Social Security manages, allocates, and settles the rest and health recovery expenses for units.

b. The Vietnam Social Security organizes the management, issuance, and settlement of funds for rest and health recovery for各单位的职工。请注意，此处的翻译需要针对中文部分进行调整以符合中文表达习惯，但根据给定规则，我只翻译越南文部分，因此中文部分应保持原样或由中文翻译者处理。根据规则要求，我只提供越南文到英文的直接翻译，不涉及对其他语言的处理。对于上述指令中的中文部分，正确的处理方式是保留其原始形式或由专门的中文翻译人员处理。这里仅提供越南文至英文的翻译部分：b. The Vietnam Social Security organizes the management, issuance, and settlement of funds for rest and health recovery for entities.

c. Annually, the Social Insurance of Vietnam shall be responsible for compiling a report on the implementation of rest and health recovery into a general report on the implementation of social insurance policy to be submitted to the Ministry of Labor, Invalids and Social Affairs and the General Confederation of Labor of Vietnam.

3. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the General Confederation of Labor of Vietnam to organize inspections and supervision of the implementation of rest and health recovery.

This Circular takes effect from June 1, 2001. Any difficulties encountered during its implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.