Circular No. 13/LDTBXH-TT guiding the implementation of public labor obligations

CIRCULAR

NUMBER 13/LDTBXH-TT OF AUGUST 21, 1989

GUIDELINES FOR IMPLEMENTING THE OBLIGATION OF PUBLIC SERVICE LABOR

Pursuant to Article 16 and Article 26 of Decree No. 56-HĐBT dated May 30, 1989 of the Council of Ministers detailing the implementation of the Ordinance on Public Service Labor Obligation;

After reaching consensus with the Ministry of Finance (as per Circular No. 1043-TC/HCVX dated August 5, 1989 of the Ministry of Finance), the Ministry of Labor, Invalids and Social Affairs hereby provides specific guidelines as follows:

1. The subjects exempted from annual public service labor obligations as stipulated in Article 10 of the Ordinance and Article 1 of the Decree include those who enjoy policies similar to war invalids; individuals with a work capacity reduction of 61% or more, certified by a medical examination board; and those suffering from chronic illnesses that prevent them from performing heavy work, certified by health authorities at the commune level or higher.

2. The cases temporarily exempted from annual public service labor obligations as stipulated in Article 11 of the Ordinance and Article 1 of the Decree include individuals undergoing treatment or convalescence due to illness, which must be confirmed by the treating facility; husbands directly raising children under 36 months old following the death or divorce of their spouse; and the sole breadwinner in a family supporting three or more people, including themselves.

3. Regarding living allowances (Point 1, Article 12 and Article 13 of the Decree):

- If working during nighttime hours (from 10 PM to 6 AM), the allowance shall be doubled;

- Individuals with specialized technical skills (carpentry, masonry, ironwork, etc.) who perform tasks according to their skill level shall receive an allowance equivalent to the value of 1.25 kilograms of rice for each unit of work or daily work completed if they are at Level 1 or 2;

- For Levels 3 and above, the allowance shall be equivalent to the value of 1.5 kilograms of rice for each unit of work or daily work completed.

4. Other benefits (Point 4, Article 12 and Article 13 of the Decree):

- Lighting oil: For concentrated public service labor camps or within households, each person working for 10 days shall be provided with 0.1 liters of kerosene (or an equivalent amount in cash);

- Tea: Each person working on construction sites shall be provided with 10 grams of packaged tea daily (or an equivalent amount in cash).

5. Sources of payment for allowances (Article 13 of the Decree):

- One-time allowances and burial expenses (as specified in Point 3, Article 13 of the Decree) shall be paid by the entity utilizing public service labor and included in the project cost;

- Monthly allowances and care allowances (as specified in Point 3, Article 12 of the Decree): if the individual is a state employee, civil servant, or monthly social insurance contributor, these shall be paid from the social insurance fund; otherwise, they shall be paid from the local government budget.

6. Communes, wards, towns, agencies, and enterprises must maintain records of annual public service labor. Individuals obligated to perform annual public service labor who cannot participate shall contribute financially. The amount substituted for a day's work shall be determined by the Chairman of the People's Committee of the province, city, or centrally governed municipality. The collection, management, and utilization of such financial contributions for public service labor shall follow current financial regulations. Each province, city, or centrally governed municipality may establish a fund for financial contributions towards public service labor and directly manage and invest in projects utilizing such labor as outlined in the annual mobilization plan.

7. Utilization of the retained portion of 5% (Article 3 of the Decree):

- The People's Committee of communes, wards, and towns may retain 4% of the collected funds to pay remuneration to personnel directly involved in mobilizing public service labor and to purchase books, forms, receipts, and guidance materials related to public service labor obligations;

- The People's Committee of districts, urban districts, and provincial cities may retain 0.7% of the collected funds at the district, urban district, and provincial city levels;

- The People's Committee of provinces, cities, and centrally governed municipalities may retain 0.3% of the collected funds at the provincial, city, and centrally governed municipal levels to cover costs associated with mobilization, management, utilization, publicity, summarization, and reporting on public service labor obligations within their jurisdiction.

8. The Inspection Department of the Ministry of Labor, Invalids, and Social Affairs is responsible for inspecting the implementation of public service labor obligations by various sectors and levels. The Department of Labor, Invalids, and Social Affairs is responsible for coordinating with relevant sectors to assist local People's Committees in organizing the implementation of public service labor; providing guidance, inspection, supervision, and regular reports to the Ministry of Labor, Invalids, and Social Affairs on the implementation of public service labor obligations in their respective areas.

During the implementation process, it is requested that localities and sectors promptly report any difficulties encountered to the Ministry of Labor, Invalids, and Social Affairs for resolution.

During implementation, it is requested that localities and sectors promptly reflect any difficulties to the Ministry of Labor - Invalids and Social Affairs for resolution.