Circular No. 13-LDTBXH/TT guides the implementation of public labor obligations applicable to citizens and businesses. The main contents include exemption and reduction objects, subsistence allowances, other benefits, sources of allowance funding, management of public labor obligation funds, utilization of the 5% retained amount, and supervisory responsibilities of competent agencies.
Đối tượng áp dụng
Citizens and businesses
Các điểm cốt lõi
- are exempted from public labor obligations including war invalids, individuals with reduced working capacity of 61% or more, and those with chronic illnesses unable to perform heavy work.
- Individuals working at night (from 10 PM to 6 AM) will receive double subsistence allowances; skilled workers (carpenters, masons, ironworkers...) if they use their skills appropriately according to job levels, will be entitled to subsistence allowances equivalent to the value of 1.25 kg of rice for level 1 and 2, and 1.5 kg of rice for level 3 and above for each unit of work or daily work.
- Subsistence allowances include lighting oil (0.1 liters of kerosene per person for every ten days of work) and tea (10 grams of regular packaged tea per day).
- Local budgets fund monthly allowances and care-taker allowances for individuals not enrolled in social insurance; the social insurance fund pays for state civil servants or individuals enrolled in social insurance.
- Utilization of the 5% retained amount: People's Committees at commune, ward, town level retain 4%; People's Committees at district, city, provincial town level retain 0.7%; People's Committees at province, city, centrally governed special economic zone level retain 0.3% to fund mobilization, management, utilization, propaganda, summary, and reporting activities regarding the public labor obligation system.
- The Inspection Department of the Ministry of Labor, Invalids, and Social Affairs is responsible for inspecting the implementation of the public labor obligation system by various sectors and levels. Departments of Labor, Invalids, and Social Affairs cooperate with relevant sectors to assist local People's Committees in organizing implementation.
- Individuals subject to annual public labor obligations who cannot participate in work shall contribute financially according to regulations set by the Chairman of the People's Committee of provinces, cities, centrally governed special economic zones.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Workers benefit from additional subsistence allowances and other benefits which improve working conditions.
- Negative impact: It may increase financial burdens on local budgets when paying allowances.
- Citizens benefit from provisions on exemptions and subsistence allowances. Businesses have the responsibility to implement public labor obligations as guided.
❓ Câu hỏi thường gặp
Who is eligible for exemption from public labor obligations?
War invalids, individuals with reduced working capacity of 61% or more certified by the Medical Appraisal Board, and those with chronic illnesses unable to perform heavy work are all eligible for exemption.
What does subsistence allowance include?
Subsistence allowance includes lighting oil (0.1 liters of kerosene per person for every ten days of work) and tea (10 grams of regular packaged tea per day).
How does the local budget fund subsistence allowances?
Monthly allowances and care-taker allowances for individuals not enrolled in social insurance are funded by the local budget; the social insurance fund pays for state civil servants or individuals enrolled in social insurance.
How is the 5% retained amount utilized?
People's Committees at commune, ward, town level retain 4%; People's Committees at district, city, provincial town level retain 0.7%; People's Committees at province, city, centrally governed special economic zone level retain 0.3% to fund mobilization, management, utilization, propaganda, summary, and reporting activities regarding the public labor obligation system.
How must individuals subject to public labor obligations who cannot participate in work contribute?
Individuals subject to annual public labor obligations who cannot participate in work shall contribute financially according to regulations set by the Chairman of the People's Committee of provinces, cities, centrally governed special economic zones.
Toàn văn
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MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 13-LDTBXH/TT |
Hanoi, August 21, 1989 |
CIRCULAR
Guidelines for Implementing Public Labor Obligations
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 Labor Obligations;
After reaching consensus with the Ministry of Finance (as stated in 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 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 disability rate of 61% or higher, 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 labor obligations as stipulated in Article 11 of the Ordinance and Article 1 of the Decree include individuals undergoing treatment or recuperation due to illness, provided they have a certificate from the treatment facility; husbands directly raising children under 36 months old following their wife's death or divorce; and the sole breadwinner in a family responsible for 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;
- For skilled workers (carpenters, masons, blacksmiths, etc.) using their skills appropriately according to their job grade, each unit of labor or daily work shall entitle them to an allowance equivalent to the value of the following amounts of rice:
Grade 1, Grade 2: an allowance equivalent to the value of 1.25 kilograms of rice.
Grade 3 and above: an allowance equivalent to the value of 1.5 kilograms of rice.
4. Other benefits (Point 4, Article 12 and Article 13 of the Decree):
- Lighting oil: for concentrated public labor camps or households, each person working for ten 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 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 civil servant or monthly social insurance contributor, these shall be covered by the social insurance fund; otherwise, they shall be covered by the local government budget.
6. Communes, wards, towns, agencies, and enterprises must maintain records of annual public labor obligations. Individuals obligated to perform public labor who cannot participate shall contribute financially. The amount of financial contribution for substituting a day of work shall be determined by the Chairman of the People's Committee of the province, city, or centrally governed municipality. Collection, management, and utilization of funds for public labor obligations shall follow current financial regulations. Each province, city, or centrally governed municipality may establish a fund for public labor obligation payments and directly manage and invest in projects utilizing public 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 labor and purchasing books, forms, receipts, and guidance materials on public labor obligations;
- The People's Committee of districts, urban districts, and provincial cities may retain 0.7% of the collected funds within their jurisdiction;
- The People's Committee of provinces, cities, and centrally governed municipalities may retain 0.3% of the collected funds within their jurisdiction to cover mobilization, management, utilization, publicity, summary, and reporting activities related to public labor obligations in their area.
8. The Inspection Department of the Ministry of Labor, Invalids, and Social Affairs is responsible for inspecting the implementation of public 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 implementing public labor obligations; providing guidance, inspection, supervision, and periodic reports to the Ministry of Labor, Invalids, and Social Affairs on the implementation of public labor obligations in their respective areas.
During implementation, it is recommended that localities and sectors promptly report any difficulties to the Ministry of Labor, Invalids, and Social Affairs for resolution.
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Tran Hieu (Signed) |
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