Circular No. 11/LDTBXH-TT guiding the social insurance regime for persons engaged in occupations or jobs listed in the special heavy, dangerous, and hazardous work category.

CIRCULAR

Guidelines on the application of social insurance benefits for individuals engaged in occupations or jobs listed in the special heavy, toxic, dangerous, and heavy, toxic, dangerous categories 

Pursuant to the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995, and the Social Insurance Regulations for officers, professional military personnel, non-commissioned officers, soldiers of the People's Army, and public security forces issued together with Decree No. 45/CP dated July 15, 1995, of the Government;

Based on Decisions No. 1453/LDTBXH-TT dated October 13, 1995, No. 915/LDTBXH-TT dated July 30, 1996, No. 1629/LDTBXH-TT dated December 26, 1996, No. 1085/LDTBXH-TT dated September 6, 1996, and No. 44/LDTBXH-TT dated January 29, 1997 of the Ministry of Labor, Invalids and Social Affairs promulgating temporarily the List of Special Heavy, Toxic, Dangerous, and Heavy, Toxic, Dangerous Occupations;

The Ministry of Labor, Invalids and Social Affairs guides the application of social insurance benefits for individuals engaged in special heavy, toxic, dangerous, and heavy, toxic, dangerous occupations as follows:

I. APPLICABLE OBJECTS

Including those who actually engage in occupations or jobs listed in the Special Heavy, Toxic, Dangerous, and Heavy, Toxic, Dangerous Occupation List established by the Ministry of Labor, Invalids and Social Affairs and subject to mandatory social insurance as stipulated in the following documents:

The Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995 of the Government and Circular No. 06/LDTBXH-TT dated April 4, 1995 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of the Social Insurance Regulations;

The Social Insurance Regulations for officers, professional military personnel, non-commissioned officers, soldiers of the People's Army, and public security forces issued together with Decree No. 45/CP dated July 15, 1995 of the Government and Circular No. 29/LB-TT dated November 2, 1995 of the Joint Ministry of Labor, Invalids and Social Affairs - Defense - Interior guiding the implementation of the Social Insurance Regulations.

II. CALCULATION OF TIME ENGAGED IN
SPECIAL HEAVY, TOXIC, DANGEROUS AND
HEAVY, TOXIC, DANGEROUS OCCUPATIONS TO ENJOY SOCIAL INSURANCE

1. Principles for calculating time.

Based on the occupation or job in the List issued together with the Decisions of the Ministry of Labor, Invalids and Social Affairs, the following shall apply:

a - Individuals with time engaged in occupations or jobs classified as Level V or Level VI shall be considered as time engaged in special heavy, toxic, dangerous occupations.

b - Individuals with time engaged in occupations or jobs classified as Level IV shall be considered as time engaged in heavy, toxic, dangerous occupations.

2. Calculation of time for individuals who have previously engaged in special heavy, toxic, dangerous, and heavy, toxic, dangerous occupations before this Circular takes effect.

a - For individuals who were engaged in occupations or jobs prior to the effective date of this Circular and were classified as Level IV, now according to the new List still classified as Level IV, the time shall be calculated as Level IV from the start of engaging in such occupation or job.

Example:

An individual who has been engaged in one occupation since 1960, which was previously classified as Level IV and is now still classified as Level IV under the new List, shall be considered as having time engaged in heavy, toxic, dangerous occupations from 1960 to the present.

b - For individuals who were engaged in occupations or jobs that were previously classified as Level V and are now still classified as Level V or Level VI under the new List, the time shall be calculated as Level V or Level VI from the start of engaging in such occupation or job.

Example:

An individual who has been engaged in one occupation since 1970, which was previously classified as Level V and is now still classified as Level V under the new List, shall be considered as having time engaged in special heavy occupations from 1970 to the present.

c - For individuals who were engaged in the same occupation or job but were not previously classified, and now the occupation or job is classified as Level IV or higher under the new List, the time shall be calculated as Level IV or higher from the start of engaging in such occupation or job.

Example:

An individual who has been working as a construction worker at Truong Sa since 1992 without being classified, and is now classified as Level IV under the new List, shall be considered as having time engaged in Level IV work from 1992 to the present.

d - For individuals who were previously engaged in occupations or jobs classified at a lower level, and are now classified at a higher level under the new List, the time shall be calculated as the higher level from the start of engaging in such occupation or job.

Example:

A worker who has been engaged in submarine cable installation and repair tasks since 1972, classified as Level IV, and is now classified as Level V under Decision No. 1453/LDTBXH-QD dated October 13, 1995, shall have the time engaged in submarine cable installation and repair classified as Level V from 1972 to the present.

e - For individuals who were previously engaged in occupations or jobs classified at a higher level, and are now classified at a lower level under the new List, the time shall be calculated as the higher level from the start of engaging in such occupation or job until now, and from now on, it will be calculated as the lower new level.

Example:

A soldier who has been engaged in fuel depot work from 1980 to the present, classified as Level V under the annex to Circular No. 313/TT-LB dated March 3, 1994 of the Joint Ministry of National Defense - Labor, Invalids and Social Affairs - Finance. From now on, it is classified as Level IV under the List attached to Decision No. 1085/LDTBXH-QD dated September 6, 1996 of the Ministry of Labor, Invalids and Social Affairs. The calculation of the soldier's time is as follows:

From 1980 to the present, it is calculated as Level V (special heavy, toxic, dangerous occupation);

From now on, it is calculated as Level IV (heavy, toxic, dangerous occupation).

III. APPLICATION OF SOCIAL INSURANCE BENEFITS

Persons engaged in particularly arduous, hazardous, and dangerous trades or jobs shall enjoy social insurance benefits like other workers; they also receive benefits according to specific provisions set forth in the Social Insurance Regulations issued together with Decree No. 12/CP dated January 26, 1995 of the Government and Circular No. 06/LDTBXH-TT dated April 4, 1995 of the Ministry of Labor, War Invalids and Social Affairs, or the Social Insurance Regulations for officers, soldiers of the People's Army, and police force issued together with Decree No. 45/CP dated July 15, 1995 of the Government and Circular No. 29/LB-TT dated November 2, 1995 of the Joint Ministry of Labor, War Invalids and Social Affairs - Defense - Public Security.

 IV. IMPLEMENTATION

This Circular takes effect fifteen days from the date of signature. All previous regulations contrary to this Circular are abolished.

Those who have retired and received social insurance benefits before the effective date of this Circular shall not be subject to recalculating their service time according to the provisions of this Circular.

Any difficulties encountered during implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for study and resolution./.